Los Angeles herald., 1892-09-25
away from any enemy?"
My friend the general nodded.

AiOiieA OAiC SChC4 al uOQbCus
II explained all that to you in the first
place he replied. "Given those facts,
the court would find him guilty and the
articles of war prescribe death as the
penalty. Courts martial must render an
absolute, unqualified verdict of either
guilty or not guilty. Mitigating cir
cumstances can only be considered in
review"
81 don't think much of your courts
martial" retorted hotly. mine old
grannies stiff with precedent and preju-
dice, and Pooh Bah of a judge advocate
setting up theory in one breath and
upsetting it with another"
1.-The old grannies' are men of honor,
mark you, and the judge advocate will
receive more credit for acquitting than
for convicting. Lord deliver me from
your starved out juries and your ambi-
tious prosecuting attorneys. But you
civilians are all alike, sir; you can't
comprehend"
"Dont let my stupidity spoil your
story, general; I'm deeply Interested
'Let me see, where was |? Oh! AS /
spoke the poor child wavered like q fare,
pale lily in storm. But she remem-
bered my warning, though her eyes
streamed and her hands strained in their
grasp.
"'Oh, sir, but he isn't guilty, the poor
boy. Think how tired he was. Up the
whole night; ordered on duty again the
moment he was relieved. 1t was inhu-
man. No wonder he dozed without
knowing it,
"'But'--
"FOh, sir, l know what you would
sag: 1t couldn't be. But it was. The
orderly sergeant has always hated him.
On the day before he had ordered Tom
excuse me, sir, Thomas-when he was
off duty to clean the equipments Of
another soldier, which Thomas refused
to do
g He was perfectly right there
$50 Thomas says. Besides he was
expecting to see me. But that night
when he came off his post, oh, so tired,
the sergeant ordered him right on again
to take the place of the soldier whose
arms he wouldn't clean
"'If this is SO, no court will punish
him for falling asleep.
"Im so delighted. That's what
Thomas said he knew you would say.
You are SO learned in the regulations.
But he didn't mean to--oh, no indeed.
He's SO ashamed. when he has been SO
anxious to distinguish himself for me-
And here blush deepened through poor
Mary's cheeks.
"'He shall have the chance, never
fear. But why didn't you go to his cap
tain? Does he know these facts?
"Again Mary blushed and far less
transiently. Her fingers picked her dress
uneasily.
"'Captain Johnson she faltered. He
doesn't like Tom; ho--he--likes me-.
"'Oh, ho' Here was little drama.
recalled the captains repulsive face
and sullen ways and recognized the
villains part.
Besides she continued, the order
ly is his brother-in-law.'
"'And he tells a far different story,
suspect
"'Indeed, yes; there is no hope for
Thomas from either of them
"Well, my dear, save your tears ard
keep stout heart. like your soldier
and like you. believe the story and
you shall have my aid. But be cautious
and secret. The court is now in session,
you say?
Eyes, sir; all this week. But Thomas
case was only reached this afternoon
just before adjournment
"'Then must act at once. Goodby
now; you may rely on me- And with
God bless you, which it seems as if
could feel even now, the girl withdrew
Yet with sudden inspiration called
after her, What is the name of the
soldier whose place Thomas took?
"'Joseph Brant.
''Here surely was difficult situation
The sergeant hostile, the captain vindic-
tive-what hope cleaned for Mary's
soldier? Yet followed the inspiration.
The proof-if only could get the proof!
1t existed unless cunning had destroyed
it. Again arrayed myself in full fig.
Again hastened over the ferry to the
camp. l sought the sergeant's tent and
| found him within and alone. Too
stupid to be provident,' was my mental
glance. Sergeant, your detail book at
once commanded. The man stared
and gaped and then handed it to me
without word.
81 went to a retired spot. l turned
the pages with trembling fingers. Ah,
fate had favored me. There was the
record for the night in question, and
among the reliefs didn't find the name
of Thomas Browne, but l did find that
of Joseph Brant.
'sThen visited the judge advocate,
friend of mine, a fine fellow, now SUI
preme court judge of this state. Put
that in your civil pipe and smoke it,
"'What sort of man is Captain John
sonf asked.
! "My friend shrugged his broad shoul-
ders.
"'Humphv he replied. with all there
is back of him he ought to get the single
star in six months
"'Fluence, hey?
"'Great. But, man to man now, why
do you askY
"'You needn't go any further, old
fellow, your scruples reveal more than
they conceal. But to change the sub
ject. am going to put a Hypothetical
case to you, and want you to tell me
just how you would act regarding it.
And detailed the facts of Mary's SOL
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