The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1876-09-30

Perkins. AS matter of course, moth.
ing was spoken of but the death of
Capt. Summervile. During the con-
| versation a messenger arrived from
Lieut. ScOrpsby, bringing the following
letter to Gen. Perkins.
DEAR s1R-Al,ow m, to ask the ouest,ou
| whether or not the second Lieutenant of our
company, Andrew Hers.y, showed his nit toi to
| you TINS lnrrmg He hrd large hOrse-p stOl
! anu one OF on esCOrt (private Saxel lolf me
Just now hlt Hers eY'd UistOl WIS not in h bslt
T. aftern on, ana that dun ~ the exnmIna ion
| he manite -ted the utmost agitation. 1 slidi he
| IN camp at GayOreak TO morrow WI n further m.
formation on this sdlJect, which dare not en-
| trust o paper just vet.
| Very respectfully,
ERNEST sCoREsBY,
First Lieutenant"
The General showed this note to Col.
Pnkney. ...... r ...
The latter, after reading it, whispered
to the General.
Lieut.. llerSey is present"
. The General stood up, and said in
loud voice ..'-.. .....
"Wili Second Lieut.. Hersey step for
ward ?"
A tall, handsome young officer re-
sponded. He looked pale. aud there
was in his eyes visible expression of
uneasiuess.
Lieut.. Ilersey," said the General
to hin, have you no pistol %
II had until this afternoon, Gener
AL 3" he replied in tremuIous voice..
"but when the target firing commenc.
ed, | took off my uniform coat and belt.
in which | had the pistol, and after
Capt. Summervllle had been shot
missed the pistol" ...
There was hum of excitement
among the assembled officers. .
"Leutenant, said the General
gravely, "did you leave the block house
from which your men were firing at
the target before Capt, SummerVille.
was shot?"
81 did, General" replied Lieut..
Jersey. "Liput Scoresby asked me
to 60 with him and see whether Larry
Boothby, the colOred marker was not
making wrong signals. He said he
would go along Ihe right side of the
shooting ditch, and asked me to 90
along the left side. Before we met the
fatal shot was fired. That is all have,
to say, General ... -.
And you declare upon yonr word
as an officer and gentleman, Lieuten
ant that you did not have your pistol
with you, and that it was afterwards
misSing?"
81 do, General, as sure as there is a
living God!" replied the young Lieu
len mt, s0lemnly.
81 am sorry to have 70 order you
under arrest. Lieutenant" said the
General, gravely.
The Lieutenant bowed, and a Can
tain took his sword from him. Next
day, Scoresby reported to Gen. Perkins.
General" he said, to him 81 am
sorry to inform you that Lieut.. Hersey
had yesterday morning a quarrel with
Capt. Summervile in my presence,
Daring this quarrel he repeatedly
threatened he would shoot Captain"
Upon this evidence Lieut.. Hersev
was sent to the Winchester Jail on
charge of murder, lie was young
clerk without relatives or special
friends in Winchester, and owed his
appointment as Lieutenant solely to his
familiarity with tue manEal of arms
and tactics.
The Grand jury met and indicted
him for murder in the first degree.
Two days before the prisoners trial
came off, Larry Boothby, the colored
marker, called upon young Hersey.
Lieutenant, he said, "you have
always been very kind to me. Now,
have found something that will startle
you. Look at this pistol =" He pro.
duced large horse pistol.
Great Godl" cried Hersey, sit is
my pistol. Larry, where did you find
it?" .
II found it in hole under the tree
from behind which Capt. Summerville
was shot"
ITO the right of the ditch, Larry ?"
"Yes." ....
Hersey sent Immediately for his
counsel, and told him what the Degso
had communicated to him.
''Be of good cheer" said the lawyer,
"for this confirms certain other things
which l have found out to-day"
SIN my favOr?"
eyes, Mr.. Hersey. You are as good
as acquitted"
On the day of the trial the court room
at Winchester was crowded to its ut,
most capacity. After several unimpOrt
ant witnesses were heard Ernest Scores.
by was called to the stand. r.
In reply to the questions of the pro-
scouting attorney, 1 he made statements
similar to that in his letter to Gen. Per-
kins. The counsel for the prisoner
cross. examined him. "
"Seoresby," he said, "wiil you swear
that you did not shoot Capt. Summer
ville?"
There was great commotlon in the
court .l. . .. u eH.. soon
'T-I-F' strmmered the witness.
Yes YOU, siri Did you not hide this pistol in
hole uuder the tree from which you fired the
murderous shop
The lawyer held up HerseY's pistol. and
ScUresDy turned deadly pale HisfOrenead was
covered with perspiration. He made no reply
'sDii you NOT tel Miss Harriet Whesier. after
she lad Ietected YOU proposals that she should
never mar. Y Capt Summervulel" Ghundered
the iawyer, f lIg !. ..Ia.l.H "a. r.. ...g.
ScOresDy buried his face in his hands.
"Your HOn1r'' said tae lawyer w the Presid-
ing Judge I'VE have the most mnatOry eYi-
dence 20 the effect thai that villain Sooresby
murdered Cap6 oummePvil e."
he shall be taken TO Jail" said the Judge. II
direct the Jury 10 nonoraDly accquit the prison
er."
Seotes0y made confession on the following
dav At his trlal ne was sentenced co be hung;
but tho Governor 0t Virginia cOmmuted his sen
tence to IMPRISONMENT Tor life,