Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1889-11-29
HE FOUGHT AT yEfNHHEszIs.
an old Rebel Soldier F0und Warm Friends
When Arrsigned as aPrisoner.

BIZ FOUGHT AT WINCHESTER.
An Old Rebel Soldier Foun5f Warm Friends
When Arraigned as a Prisoner.
In the case of The State vs.. John
Stuart, indicted for larceny. the pris-
Oner appeared In the court room,
shutting along, scarcely able to walk.
He wore a sOiled check shirt, a very
much worn suit, and a battered hat.
Appearing as State witnesses were
two Weil-dressed, sIeek-loOking men
who were determined to send the old
man to the penitentiary.
"Has the prisoner any counsel ?"
asked Judge Phillips
Il have none, answered Stuart. 81
am a poor man and unable to 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, 1 was In the Confederate
army, and at the battle of Winchester.
1 was shot through both. hips. Since
then 1t has been exceedingly hard for
me to support myself. Invent to work
for this man last year upon his word to
board and cIOthe me and to pay me
what my services were worth. During
that time he paid me 1Oc, with which
I 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 I went into his wardrobe, took a
suit Of clothes to hide my nakedness
and left. He had me indicted for lar
ceny, and I have been in, jail ever
since.
As the old man finished a murmur of
indignation was heard throughout the
court room.
You say you were shot at Winches-
ter?" asked Judge Phillips, who was
himself an officer in the splendid and
memorable charge.
eyes, sir.
"Were you in the second charge to
the left, on the other side of the town? 2"
The prisoners face frightened.
Eyes, he said, 81 was there-Rhodes'
division-and was shot while crossing
| the raYine Just below the hill.
The Judge was certain then 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 that the old
/ mans story was 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 were
friends. I lived in Rockingham county,
and your father persuaded me to enlist
! in his company. 1 received my wound
while following him. Since then it has
been hard for me to keep out of the
! pOOrhouse."
By this time Judge Phillips and So
/ EcitOr Settle and everybody else in the
| court room were satisfied that the old
soldier had been pitnessIy prosecuted,
and the faces of the OnlOOkers showed
the deepest pity and sympathy for the
unfortunate man and the blacklist in
dignatiOn for his employer.
Mr.. Solicitor" said the Judge,
| "change your bill of Indictment from
larceny to trespass." This was willingly
done by Mr.. Settle,
Now" he continued, Judgment is
suspended and the prisoner is dis
charged"
Scarcely had the last word been
spoken when every man in the room
applauded, and great tears were roll
ing down the cheeks of strong men. AS
the old man, who half an hour before
had been friendless, hObbled out of the
court room, hundreds Of men drew
round him to shake his hand. Our
tOwnsman, W. B. Glen, volunteered tc
secure him a pension. Mr.. Hollyfel6
offered him position as miller, and In
less than five minutes q purse was
made up to buy the old soldier a suit
of clothes.-Lee8 burg Mirror.