War of the Rebellion: Serial 121 Page 0789 CORRESPNDENCE, ETC.- UNION AND CONFEDERATE.

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him, attack nd mortally wound the said soldier,inconsequence of which said mortal wound he,the said prisoner, soon therafter, to wit, on the 6th day of July, A. D. 1864, died.

Specification 12.- In this, that the said Henry WIrz, an officer in the miltary service of the so- called Confederate States of America, at Andersonville, in the State of Georgia on or about the 27th day of July, A. D. 1864, then and there being commandant of a prison there located,by the authority of the said so- called Confederate States, for the confinement of prisoners of war, taken and held as such from the armies of the United States of America, while acting as said commandant, felonously, and of his malice aforethought, did order a rebel soldeir, whose name is unknown, then on duty as a sentinel or guard to the prison of which said Wirz was commandant as aforesaid, to fire upon a soldier belonging to the Army of the United States,in his,the said Henry Wirz's, custody as a prisoner of war, whose name is unknown; and in pursuance of said order, so as aforesaid maliciously and murderously given as aforesaid, he the said rebel soldier,did, with a musket loaded with gunpowder and bullet,then and there fire at the said soldier so as aforesaid held as a prisoner of war, inflicting upon him a mortal wound with the said musket, of which said mortal wound he, the said prisoner,soon therafter, to wit,on the day aforesaid, died.

Specification 13.- In this, that the said Henry Wirz, an officer in the military service of the so- called Confederate States of America, at Andersonville, in the State of Georgia, on or about the 3rd day of August, 1864, then and there being commandant of a prison there located,by the authority of the said so- called COnfederate States, for a prisoners of war, taken and held as such from the armeis of the United States of America, while acting as said commandant, feloniously, and of his malice aforethought,did make an assault upon a soldier belonging to the Army of the United Sttes,in his, the said Henry Wirz's, custody as a prisoner of war, whose name is unknown, and with a pistol called a revolver, then and thereheld in the hands of the said WIrz,did beat and bruise said soldier upon the head, shoulders,and breast, inflicting therby mortal wounds, from which said beating and bruising aforesaid,and mortal wounds caused thereby, the said soldier soon therafter to wit, on the 4th day of August, A. D. 1864, died.

To which charges and specifications the accused, Henry Wirz, pleaded not guilty.

FINDING.

The court, having marurely considered the evidence adduuced, finds the accused, HenryWirz,as follows:

Charge I.

Of the specification, guilty, after amending said specification to read as follows:

In this, that he, the said Henry Wirz, did combine, cnfederate, and conspire with them, the said jeffersonDavis, James A. Seddon, Howell Cobb, John H. Winder, Richad B. WEinder, Isaiah H. White, W. S. Winder, W. Shelby Reed, R. R. Stevbenson, S. P. Moore, [W. J. W.] Kerr (late hospital stewarda t Andersonville), James W. Ducna, Wesley W. Turner, BenjaminHarris,and others whose names are unknown, ictizens of the United States aforesaid, and who were then engaged in armed rebellion agaisnt the United States, maliciously, traitorously,a ndin violation of the laws of war, to impairand injure the helath and to destroy the lives- by subjecting to torutre and great suffering; by confining in ungealthy and unwholesome quarters; by exposing to the inclemency of winter and to the dews and burning sun of summer; by compelling the use of impure water, and by furnishing insufficient and unwholesome food- of large numbers of Federal prisoners, to wit, the number of abut 45,000 soldiers in the military service of the United States of America,held as prisoners of war at Andersonville, in the State of Georhgia, withint he lines of the so- called Confederate States, on or before the 27th day of Mrach, A. D. 1864, and at divers times between that day and the 10th day of April, A. D. 1865, to the end that the armies of the United States might be weakened and impired, and the insurgents engaged in armed rebellion agianst the United States might be aided and comforted. And he, the said Henry Wirz, an officer inthemilitary service of the socalled Confederate States, being then and there commandant of a militry prison at Andersonville, in the State of Georgai,located by authority of the so- called Confederate States for the confinement of prisoners of war,and as such commandant, fully clothed with authority,and in duty bound to treat, care, and provided for such prisoners,held as aforesaid, as were or might be placed in his custody,according to the law of war, did, in furtherance of such combination, confederation, and conspiracy, maliciously, wickedly,and traitorously confine a large number of prisoners of war, soldiers in the military service of the United States, to the number of about