The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1889-09-28
HE FOUGHT AT WINCHESTER.
An Old soldier Fails 90 Pass Into
n Pen itenIiary.
from the Leesburg CVa.) Mirror.J

In the case of the state vs.. John Stu
art, Indictment for larceny, the prls-
mel appeared in the court room, shut
fling along scarcely able to walk. lie
wore a soiled check SHIRT, a very much
worn suit and a 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.
elias the prisoner any counself'
asked Judge Phillips.
IL have none, your honor" 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, L was in the confederate
army, and at the battle of Winchester
L was shot through both hips. Since
hen il has been exceedingly hard Tor
me to support myself. | went to work
tor this man last year upon his word to
board and clOthe me and TO pay INC
what my services were worth. During
that time he paid me l0c with which /
bought tobacco. AT the end of eight
months he refused to pay me any mon
ey, and refused to give me any clothes,
saying my services were worthless
Then | went into his wardrobe and
took a suit of clothes to hide my naked
ness and left. He had me indicted Tor
larceny, and l have been In Jail ever
since"
AS the old man finished a hushed
murmur of Indignation was heard
| throuuhout the cOurt room.
You say you were shot at Winches-
ter2" asked Judge Phillips. who was
himself al 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.
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 truth, but
to be certain he called the states wit
ness,
While this witness was giving i'm his
testimony, which was to the effect 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. | lived in Rockingham
county and your father persuaded me
10 enlist in his company. l received
my wound lille following him. Since
then it has been hard tor me to keep
out OF the poor house,
By this time Judge Phillips and So
licitor Settle and everybody else in the
court room were satisfied that the old
soldier had been mercllessly prosecuted
and the faces of the onlookers showed
the deepest pity and sympathy for tue
unfortunate man and the blacklist in
dignation for his heartless employer.
"Mr. Solicitor" said the Judge,
"change your bill of indictment from
larceny to trespass." This was willingly
done by MIR. Settle.
Now" he continued. Judgment il
suspended and the prisoner dis
charged" ;
Scarcely had the last word been
spoken before every man in the room
a%pplauded, and great tears were
rolling down the cheeks of strong men
AS the old man who, halt an hour be-
] fore had been friendless, hObbled out
of the court room, hundreds of men
drew round him. 10 shake his hand.
Our townsman, w. b. Glen, volun-
teered to secure him a pension. Mr..
Hollyfield offered him a position u
miller, and in less than five minutes a
purse was made up to buy the old sol
| dier q comfortable suit Of clothes.