The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1889-06-26
FoUGHT AT WINCHESTER.
And BE WIN Not Pass Through
tile sPenitentiary Gates.


incident ". .ch occurred at the last
term "i,sury court. II beautifully
.illnsifs - tis tender sympathy of
one ol ,iier for ano her who has
b en- unfprtunate.
Z In the case of the State vs. John
Stuart, indictment for larceny, the
prisoner appeared IN the courtroom,
shutting along, scarcely able to walk.
He wore soilrd check shirt, very
much worn suit and battered hat.
Appearing at States-wilnesses 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 if
possible. E#4kE
~'"Hasthe prisoner any counsel ?"
asked Judge Phillips.
81 have none your Honor" an
swered Stuart. Il am poor-man
unable 10 pay an attorney
The Judge saw by the mans looks
that this was an unusual case and
said: swell, 90 on and tell your
story, t.~- 81
We'll sir, | was in the [ onfederate
army and at the bat le Of Winches-
ter. / was was shot through bOtn
hips. fSince then it has been exceed
ingly hard for me to support myself.
/ went TO work for this man last year
and worked eight months, upon his
promise 10 board aud clothe me and
to pay me what my services were
wo Gu. During that time be paid me
ten cents with which / bought 70,
bacco. At the end of eight months
be refused TO pay me any money and
refused 70 give me any clothes, says
ing that my services were worthless.
Then, your honor, 1 went into his
ward-Ioke, took q suit of clothes to
hide my hakedness and left. He had
me indicted for lscrDy and 1 have
been In jass eyer since"
As thsen man finished, hushed
'murmer Of indignation was heard
throl ghout the cOurt>room.
", u say you were shot at VIM
chester 2 asked nudge Phillips, who
was himself an officer In that spIend-
di and memorable charge.
Yes, sill" -,
@Were you in the second charge,
10 the left, on the other slde 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 effect
that the old mans slo y was about
right but that be refused 10 pay him
anything because his services were
worthless. stuart leaned over 10
SoIic tor Settle. "Mr. Settle" he
said, "your father and 1 were friends.
| lived in Rockingham county and
your father persuaded me 70 enlist in
his company. l received my wound
while following him.. Since then il
has been hard struggle for me To
keep out o! the poor house."
BY this time Judge Phillips, Solic-
iior Settle and e verybOdy else in the
COURTROOM was satisfied that the old
soldier had been pIlilessly persecuted
and the faces Of the old lockers
showed the deepest pity and sympa-
thy FIR the unfortunate man and the
blacklist indignation for his heartless
implOyer.
"Mr. Solicitor" said the Judge,
&C ,unse your bill Of indictment from
larceny 10 trssspass This was wills
lingly done by Mr.. Settle.
"Nuw." be continued, Judgment
is suspended ard the prisoner is dis.
charged"
Scarcely had the last words been
spoken before every man 10 the room
appIauded, and great tears were seen
rooliug down the cheeks of strong
men A similar scene Judge Phil.
lips tells as he has never seen In the
court house.
As the old man who, half an hour
before had been friendless hobbled
out of the court room, hundreds Of
men drew around him to shake his
hand. Our tewnsman. Hon. w. Il.
G .eeen, volunteered his services 10
secure o pension; Mr.. Hollyfield Of.
fered him position as miller aud 10
less than five minutes handsome
purse was made up 70 buy the old
soldier u comfortable suit Of clothes.
Needless, to add, he was almost
overcome with gratitude and 10 bis
dying day he will bless the memory
Of his old Colorado in.arms, and the
generous, new.found fIiends.-Win.
ston Sentinel.