Helena weekly herald., 1889-09-12

An Old Soldier Fails to Pass Into the
PenitentiaTy.
From the I,eesburp (Va.) Mirror.l

From the Leesburg, (Vs.) Mirror.I
In the case of the State VS.. John Stuart,
| indictment for larceny, the prisoner ap-
peared in the court room, shuffling along,
scarcely able to walk. He wore a soiled
check shirt, a very much worn suit and
battered hat.
Appearing as State witnesses were two
we'll dressed, sleek looking men who were
determined to send the old man to the
Penitentiary.
HAS the prisoner any counsel?" asked
Judge Philips.
Il have none, your honor, answered
Stuart. Il am poor nan and unable 70
pay an attorney"
The Judge saw by the mans looks that
his was an unusual case, and said: well
go on and tell your story"
"Well, sir, l was in the Confederate
army, and at the battle of Winchester !
was shot through both hips. Since then
it has been exceedingly hard for me to
support myself. went to work for this
man last year upon his word to board and
clothe me and to pay me what my services
were worth. During that time he paid me
10 cents, with which bought tobacco. At
the end of eight months he refused to pay
me any money, and refused to give any
clothes, saying MY services were worthless.
Then / went into his wardrobe, took a suit
of clothes to hide my nakedness and left.
He had me indicted for larceny and L have
been in Jail ever since"
AS the old man finished, a hushed muir
mur of indignation was heard thrOughou
the court room.
"You say you were shot at Winchester"
asked Judge Phillips, who WAS himself On
officer in the splendid and memorable
charge.
"Yes, sir"
Were you in the second charge to the
left, on the other side of the town."
The prisoners face frightened. YES"
he said, II was there-Rhodes' division
and was shot while crossing the ravine just
below the hill"
The Judge was certain, then, that the
old veteran was telling the nuth, but 70 be
certain he called the States witness.
While this witness was giving in his
testimony, which was to the effect that the
old mans story 1as about right, but that
he refused to pay him anything because
his services were worthless.
Stuart leaned over to Solicitor Settle,
"Mr Settle" he said, "your father and l
were friends l lived in Rockingham
county and your father persuaded me to
enlist in his company. / received my
wound while following him. Since then
it has been hard for me to keep out of the
poor house."
By this time Judge Phillips nd Solicito
Settle and every body else in the court room
were satisfied that the old soldier had been
pitilessly prosecuted, and the faces of the
onlookers showed the deepest pity and
sympathy for the unsOrtunate man and
the tiackest Indignation for his heartless
employer.
Mr. Solicitor" said the judge, "chapge
your bill of indictment from larceny to
trespass" This was willingly done by Mr..
Settle.
"Now," he continued, Judgment is sus-
pended and the prisoner discharged"
Scarcely had the last words been spoken
before every man in the room applauded,
and great tears were rolling down the
cheeks of strong men. AS the old man
who, half an hour before had been friend
less, hobbled out of the court room, hun
dreds of men drew round him to shake his
hand. Our townsman, w. B. Glen, vOlun-
teered to secure him pension. Mr.. Holly
field offered him position as Miller, and
in less than five minutes purse was made
up to buy the old soldier comfortable suit
of clothes