The National tribune., 1885-05-07
A LIFE IN JEOPARDY.
Tennesseean Who Was Trapped Into Acting a.
Spy.


SPY.
To THE EDITOR: Pending the feeling and
excitement which civil wars engender, law and
Justice have little chance to assert themselves.
1t is true that soldiers of opposing armies are
generally generous towards one another when
taken in arms, but wo to the citizens who may
be charged with violation of military rules.
The charge is nearly equivalent to conviction
with the hasty tribunals before which they are
brought for trial.
This is brought most forcibly to my mind by
a circumstance which will relate.
In the month of August, 1868, Gen. Rose
crans with his army, crossed the Tennessee
river at Bridgeport and other points near by
and marched through the Sand Mountain coun-
try along the northern line of Alabama and
Georgia After a tolsome march under the
burning sun the division to which belonged
camped for the night in rather wild country
in Dade County, Ga. 1t was after midnight
when / was aroused and summoned to Division
Headquarters TO serve as Judge-Advocate on
court-martial convened for the purpose OF try
ing spy. l must confess to q willingness 1or
the business of making short work of any
prowler who might be found in our camp pick
ing up information which might lead TO the de-
structon Of our forces or defeat our plans. My
previous experience in holding courts martial
was sufficient explanation of my being detailed
on this niomentous occasion
aU large ttHo was pic'iuCA
for the court, and the detail was composed of
gentlemanly and intelligent officers. They
were firmly of the opinion, though, that all
spies should suffer death, ana this thought
with them seemed to precede that OF finding
out who were spies. Alter organization of the
court the prisoner was brought in, pale with
fright and trembling with fear. He was man
of some 80 years past, of the better class OF
mountaineers, and dressed in the ordinary cos
tune of the country. His name, ii remember
correctly, was Walker and his residence very
near TO the place where he was then put so
summar;ly upon trial for his life. The proof
was that the prisoner being between the lines,
a few days before had been visited by Federal
scouts disguised as Confederates Gaining his
confidence they told him that Gen. Rosecrans's
army would move in day two through that
country and part of it along the road near his
house. il was of the utmost Importance that
the Confederate commander should know how
many regiments and how many cannon should
pass on that road, and he must get the infor-
nation for them He replied that there was n
high peak near by from which he could over
look point in the road, and that he would
comply with their wishes. After explaining
that they would call in the night for the infor-
nation they left him to the work of putting
his head III the halter.
Meanwhile the army filed, in its tortuous
length, over the designated route, and in due
near by. His friends" quietly made their
way to his house after dark and got the desired
information, which he had obtained as in
structed. Another party followed at once and
seized him as spy.
If l remember rightly there were no aggra-
waiting circumstances, and when the evidence
was closed There was hone for the defense) il
struck me, instead of being q conviction, that
ii was put up job" But under the laws of
war, or rather the code issued by the War De-
partment, that was question for the court to
decide. To my establishment a verdict OF guilty
was arrived at in a short time, and the cXecu-
ton fixed for the next day.
As Judge-AGvocate l asserted my right rs
well as my duty TO see that the verdict should
lie in accordance with the facts, and that the
facts Were not such as to warrant extreme pun
ishment. The members of the court took the
grounds that the intention TO commit the act
was just as bad as the commission of it, and
under their oaths they were compelled to ad-
here TO their first finding. The arguments pro
and con lasted until the gray was streaking the
eastern sky, and one by one the court were
brought over until majority voted to reverse
their verdict, but it was ouly with the under
standing that miider punishment should be
given.
Perhaps that mountaineer will never know
how his life hung in the balance, for he was
sent back next morning for confinement at
Nashville for six or IL months, and the men,
bers of the court never saw him again.
At this late day often think of this case,
aud rejoice that the unanimous voice of the
seven members Of the court (the Judge Advo-
cate has no vote did not prevail; but am not
surprised that such verdict should have been
found in the cruel and stormy days of the war.
j. 3. NALL. Louisville, XIV.