The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1889-05-30
HE FOUGHT AT WINCHESTER.
And He Will Not Pass through the Peni-
tentiIry ties.


And He Will Not Pass through the Peni-
tentilry G ties.
Judge Phillips, who held For
| syth court, told THE SENTINEL
| pathetic incident which occurred at
the last term of Surry court. 1t beau
| tifully illustrates the tender sym
| pathy of one old soldier for another
who has been unfortunate
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 wora a soiled check shirt, very
much worn suit and a battered hat
Appearing as states witnesses were
two well-dressed, sleek-looking men
who clearly showed by their looks
the old man to the penitentiary if
possible
HAS the prisoner any counsel?'
asked Judge Phillips.
Il have none, your Honor" answer
ed Stuart. 81 am poor man, unable
to pay an attorney.
The Judge saw by the mans looks
that tins was an unusual case and
said: "Well go on and tell your sto-
ry."
'sWell sir, l was in the Confederate
army and at the battle of Winchest-
ter. l was shot through both hips.
Since then it has been exceedingly
hard for me to support myself. /
went to work for this man last year
and worked eight months, upon his
promise to board and clothe me and
to pay me what my services were
worth. During that time he pail me
ten cents, with which l bought to-
bacco. At the end of eight months
he refused to pay me any money and
refused to give me any clothes, say
ing that my services were worthless
Then, your honor, l went into his
wardrobe, took a suit of clothes to
hide my nakedness and left. He had
me indicted for larceny and | have
been in Jail ever SINCE.
AS the old man finished, a hushed
murlnur of Indignation was heard
! throughout the courtroom.
'You say you were shot at Wincfless-
,, ter?' asked Judge Phillips, who was
himself an officer in that 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
: Eyes, he said, 81 was there, in Rhodes
division and was shot while crossing
the ravine just below the HILL
The Judge was satisfied that the
old veteran was telling the truth, but
l to be certain he called the States wit
ness.
While this witness was giving il
E his testimony, which was to the effect
2 that the old mans story was about
right but that he refused to pay hin
0 anything because his services wer,
l worthless, Stuart leaned over tt
l Solicitor Settle. chr Settle" he said
2 "your father and l were friends
2 lived in Rockingham county and you
2 father persuaded me to enlist in hi:
0 company. l received my wount
= while following him. Since then i
2 has been a hard struggle for me t.
keep out of the poor-house
By this time Judge Phillips, Solici
. tor Settle and everybody else in tn
l courtroom was satisfied that the oil,
l soldier had been pitilessly prosecute,
and the faces of the on-lookers show
! ed the deep st pity and sympathy 70
1 the unfortunate man and the black
U est Indignation for his heartlass EN-
= ployer.
= ''Mr. Solicitor said the Judge
L ''change your bill of Indictment iron
larceny to trespass." This was vii
L ingly done by Mr.. Settle.
"Now,' he continued, Judgment
0 suspended and the prisoner is dis
O charged
}: Scarcely had the last word bee
l. spoken before every man in the ROOF
lie applauded, and great tears were see
!. rolling down the cheeks of stron
d men. A similar scene Judge Phillip
3. tells us he has never seen in the court
I. house.
3. AS the old man who, half an hou
). before had been friendless hobble
). out of the courtroom, hundreds {
men drew around him to shake hi
hand. Our townsman, Hon. W. |
Glenn, volunteered his services to S.
Is cure a pension; Mr.. Hollyfeid offere
III him a position as miller and in les
!, than five minutes handsome purs
III of money was made up to buy the oil
- soldier Il comfortable suit of clothes
Dc Needless to add, he was almos
>e overcome with gratitude and to hi
IS dying day he will bless the memoir
IL of his old comrade-in-arms, and hi
generous, new-found friends
~ Thousands of dollars are wasted annually
physicians fees, when five or ten dollars e:
, pended on that unapproachable conqueror