Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1889-12-07
HE FOUGHT AT WINCHESTER.
An Old Rebel Soldier Found Warm Friends
When ArraiSncI as n Prisoner.

An Old Rebel Soldier Found Warm Friends
when Arraignoi n 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 soilcd check shirt, very
much worn suit, and battered hat
Appearing rs State witnesses were
two addressed, sleek looking men
who were determined to send the old
man to the pcnitentiary.
Has the prisoner any counsel ?"
asked Judge Phillips.
Il have none" answered Stuart. II
am poor man and unable to pay an
attorney"
The Judge saw by the mans looks
that his was an unusual case, and said:
We'll, go on and tell your story"
We'll, sir, | was in the Confederate
army, and at the battle of Winchester.
| was shot through both hips. Since
then 1t 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 lee, 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 lar
ceny, and l have been in Jail ever
since"
As the old man finished rlurmur of
indignation was heard throug hout 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.
yes, sir.
Were YOU in the second charge to
the left, on the other side of the town 2"
The prisoners face frightened
yes, he said, 81 was there Rhodes
livision--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. | lived in Rockingham county,
and your father persuaded me to enlist
III his company. ] received my wound
while following him. Since then it has
been hard for me to keep out of the
poorhousc."
BY this time Judge Phillips and So
licitor Settle and everybody else in the
court room We're satisfied that the old
soldier had been pitilessly 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 trcspass. 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 tho
court room, hundreds of men drew
round him to shake his hand. Our
townsman, W. j. Glen, volunteered to
secure him pension. Mr.. Hollytield
offered him a position as miller, and in
less than five minutes a purse was
made up to buy the old soldier u suit
of clothes. -LeeSb1trg Mirror.