Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1889-08-16
He Fought at Winchester.


Court, told the Se'itiaei n pathetic Incl
dent which occurred at the last term
of the Surry Court. lt beautifully IL
lustrated tender sympathy OF one old
soldier for another who has been un-
fortunate
In the case OF the State W.. John
Stuart, Indictment for larceny, the
prisoner appeared in the court room,
shutting along, scarcely able To walk.
He wore a soiled check shirt, n very
much worn suit and u battered hat
Appearing as State witnesses were
two well-dressed, sleek looking men
who clearly showed by their looks
that they were determined To send
the old man To the penitentiary.
Has the prisoner any counselI'
asked Judge Phillips.
Il have none, your Honor" an
swer-d Stuart II am poor man
and unable to pay an attorney"
The Judge saw 10y the mans looks
that his was an unusual case, AMI
said. We'll go on and tell your
story"
We'll, sir, was in the Confederate
army, and at the battle Of Winches-
ter | was shot through both hips.
Since then il has been exceedingly
hard for me 10 support myself /
went To work for this man last year
upon his word To board and clothe
me aud to pay me what my services
were worth. During that time he
paid me ten cents with which bought
tobacco. At the end OF eight months
he refused to pay me any money,
and refused TO give me any clothes,
saying that my services were worth
less. Then went into his wardrobe,
took suit OF clothes 10 hide my
nakedness and left. lie had me In.
dicted for larceny and have been In
Jail ever since"
As the old man finished, a hushed
murmur OF Indignation was heard
throughout the court room.
You say you were shot at Winches-
teri" asked Judge Phillips, who was
himself an officer in the splendid aud
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 rayine just below the hill"
The Judge was certain that the old
veteran was telling the truth, but to
be certain he called the States wit
ness.
While this witness was giving In
his testimony, which was TO the ef-
feet that the old mans story was
about right, but that he refused to
pay him anything because his servi-
ces were worthless, Stuart leaned
over TO Solicitor Settle. "Mr. Settle"
he said, your father and ! were
friends. | lived In Rockingham
county and your father persuaded me
to enlist In his company. j received
my wound while following him. Since
then II has been hard for me to keep
out Of the poor house"
BY this time Judge Phillips, Solicit
or Settle and everybody else In the
court room were satisfied that the old
soldier had been pitilessly prosecuted
and the faces OF the on-lookers show
ed the deepest pity and sympathy for
the unfortunate man and the blackest
Indignation for his heartIess employ
er.
"Mr. Solicitor" said the Judge,
change your bill OF indictment from
larceny to uespass." This was will
ingly done by Mr.. Settle.
Now" he continued, Judgment
Is suspended and the prisoner dis
charged"
Scarcely had the last word been
spoken before every man Ira the room
spplauded, and great tears were seen
rolling down the cheeks Of strong
men. As the old man who half an
hour before had been friendless hob
bled out Of the court room. hundreds
Of men drew round him TO shake his
hand. Our townsmen, Hon. W. b.
Glen. volunteered 70 secure him d
pension, Mr.. HolIyfeld offered him q
position a. q miller, and in less than
five minutes purse was made up 20
buy the old soldier comfortable suit
Of clothes.
Needless to add, he was almost
overcome with gratitude and TO his
dying day he viii bless the memory
Of his old coinrade-in-arIns and his
generous new-found friends.