The Confederate captain who faced America’s first war crimes tribunal

Henry Wirz’s Trial That Foreshadowed Nuremberg Justice

The U.S. Capitol building witnessed America’s first war crimes trial when Swiss-born Confederate Captain Henry Wirz faced a military tribunal in 1865.

The nine-member commission met in the Court of Claims room for two months, hearing from 160 witnesses about conditions at Andersonville prison.

Most witnesses had no knowledge of Wirz killing anyone, and the prosecution’s key witness later turned out to be a deserter who lied for a government job.

Wirz, suffering from gangrene and lying on a couch throughout the trial, was hanged on November 10, 1865. His trial set legal precedents that would influence the Nuremberg trials decades later.

The full story of this controversial case comes alive at Andersonville National Historic Site in Georgia.

Confederate Henry Wirz’s War Crimes Trial

The 4th U.S. Cavalry arrested Captain Henry Wirz on May 7, 1865, just weeks after the Civil War ended. Soldiers grabbed the Swiss-born Confederate officer at Andersonville Prison in Georgia, where he ran the camp.

They took him to Macon, then put him on a train to Washington D.C. with heavy protection. Angry mobs of former prisoners tried to lynch him along the way.

On May 10, officials locked him up in the Old Capitol Prison while they decided what to do with him.

Famous Author Lew Wallace Led the Military Commission

The War Department created a special nine-member military commission on August 21, 1865. Major General Lew Wallace became head judge.

Wallace later wrote the popular novel “Ben-Hur. ” The commission included Generals Mott, Thomas, Fessenden, Bragg, Ballier, Colonel Allcock, and Lieutenant Colonel Stibbs.

Colonel Norton Chipman served as the main prosecutor. This group would decide if Wirz committed war crimes, something no American court had tried before.

The Government Blamed Wirz for Thousands of Deaths

Prosecutors charged Wirz with two main crimes. First, they claimed he plotted with Jefferson Davis, Robert E. Lee, and other Confederate leaders to kill Union prisoners by making conditions unbearable.

Second, they listed 13 specific murders they said Wirz committed himself.

The government wanted to prove Wirz created the terrible conditions at Camp Sumter, known as Andersonville Prison, where almost 13,000 Union soldiers died. They later removed Jefferson Davis from the charges.

The Trial Started While Wirz Lay on a Couch

The military tribunal began on August 23, 1865, in the U.S. Court of Claims room inside the Capitol Building. Wirz looked sick.

His arm had gangrene, and he hurt so badly he couldn’t sit up. He spent the whole trial lying on a couch.

His lawyer, Louis Schade, tried to move the case to a regular civilian court. Schade also argued that the surrender terms protected Wirz like other Confederate soldiers.

The commission rejected these arguments.

Most Witnesses Never Saw Wirz Kill Anyone

The prosecution brought in more than 160 witnesses during the two-month trial. About 145 of them admitted they never actually saw Wirz kill anyone or mistreat prisoners.

Only 12 people claimed they saw him harm prisoners.

Prosecutors focused on showing that Wirz ran the prison and created the “Dead Line,” a boundary guards would shoot prisoners for crossing.

Confederate doctors described horrible medical conditions and noted that one in four prisoners died at Andersonville.

A Key Witness Made Shocking Claims About Murder

George Gray gave damaging testimony against Wirz. He swore he watched Wirz shoot a prisoner named William Stewart.

Another witness, Felix de la Baume, pointed to specific murders he claimed Wirz committed. Father Peter Whelan, a Catholic priest who worked with prisoners daily, spoke up for Wirz.

The trial took a strange turn when former guard James Duncan tried to testify for the defense and got arrested on the spot, scaring off other potential defense witnesses.

People Who Knew Wirz Painted a Different Picture

The defense brought in 68 witnesses, including former Andersonville prisoners and locals who lived near the camp. Many described Wirz as “kind hearted” and upset about the conditions but unable to fix them.

Letters showed that Wirz begged Confederate authorities many times for more supplies, food, and medicine for the prisoners.

The defense team showed that Wirz tried repeatedly to improve the prison conditions but got ignored by his bosses in Richmond.

The Star Witness Turned Out to Be a Fraud

In a twist that came too late to save Wirz, Felix de la Baume, the prosecution’s star witness, turned out to be a fake.

Just 11 days after Wirz died, veterans recognized him as Felix Oeser, a deserter from the 7th New York Volunteers. The commission members had praised Oeser for his testimony, and he even got a government job as a reward.

When confronted, Oeser admitted he lied under oath, but by then Wirz was already dead.

The Verdict Came After Two Months of Testimony

The commission announced their decision on October 24, 1865, after 67 days of testimony. They found Wirz guilty of conspiracy and 10 of the 13 murder charges.

Their sentence: “to be hanged by the neck until dead.”

Judge Advocate General Holt approved the verdict, calling Wirz a “demon” who enjoyed “savage orgies” of death.

The trial marked the first time an American military tribunal convicted someone of what we now call war crimes.

President Johnson Refused to Show Mercy

President Andrew Johnson personally reviewed the case and approved both the guilty verdict and the death sentence. He scheduled the hanging for November 10, 1865, between 6 AM and noon.

Defense attorney Schade made one last plea to Johnson, pointing out problems with the trial. Johnson refused.

The president dropped charges against Confederate generals who had been held in custody but let Wirz’s execution go forward, making him the only Confederate officer executed for war crimes.

The Hanging Created a Legal Landmark

Guards led Wirz to the gallows at 10:32 AM on November 10, 1865, in the Old Capitol Prison courtyard. About 200 people came to watch him die.

When they dropped him through the trapdoor, his neck didn’t break. Instead, he slowly strangled for about two minutes.

People who were there claimed his last words were “I know what orders are, Major. I am being hanged for obeying them.”

His death made him the first person in American history judged as a war criminal, creating legal precedents that later shaped the Nuremberg trials after World War II and modern military tribunals.

Visiting Andersonville National Historic Site, Georgia

Andersonville National Historic Site at 496 Cemetery Road preserves the story of Henry Wirz’s war crimes trial, America’s first military tribunal that influenced Nuremberg.

You can visit for free daily, with the National Prisoner of War Museum open 9:30am to 4:30pm and park grounds 8am to 5pm. Grab a free audio driving tour at the museum desk before 3:15pm.

Two 30-minute films about the site alternate throughout the day in the museum theater.

This article was created with AI assistance and human editing.

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