Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1893-01-05

neard outside. IL stopped before the
door of the house, and in another mo
ment Mark counsel entered the room.
Mark looked at him with astonisl-
ment. In the tall, straight soldier. with
4 black hair and eyes, mustache and
goatee, bearing about him that some
thing which indicates ITO the manor
born" he recognized the officer who had
called at the Fains' on the morning he
had left theln-Cantain Cameron Fit.
| Hugh.
As soon as he entered he becl1oned the
prisoner to follow him TO a corner of tie
room apart from the others for consulta-
ton. 1t was not a convenient place for
such an important interview, but one
charged with being a spy was not likely
to get many favors. and the eyigencies
of the case did not admit of aught ex-
cept the bare forms of justice.
"Will you give me your confidence,
my man, or shall proceed at random
Sat random
If you think it best to trust me,
give you the word OF Virginia gentle
man that will not betray you, and |
will do all | can for you. | am Fitz
Hugh"
He said this unconscious of how it
would sound to northerner To him
to be Fitz Hugh was to be incapable
of dishonorable act. Mark understood
him perfectly; indeed his counsel in
spired him with every confidence.
81 would explain everything TO you,
captain, but my secret is not all my own.
would be perfectly willing to trust my
fate IN your hands if could honorably
do SO. You viii doubtless fail in your
defense, but ] thank you for the effort
you will make"
The trial was Of brief duration. The
soldiers in whose company Mark was
taken were called and testified to his
having masqueraded as a staff officer,
Knowing now that he was probably
Union spy, they would have shielded
him, but they had already given up the
secret. Mark was asked where he lived.
He had entered his name at the hotel
as coming from Jasper, SO he gave that
place as his residence. but when asked
what county Jasper was in he could LOT
tell. The maps he had studied. bel z
military maps, did not give the coun-
ties. Then some Tennessee soldiers We e
brought in--the town swarmed with
them-who testified that they lived ~
Jasper and had never seen the prisoner
there. The closing evidence against
Mark was given by the recruiting officer
with whom he had promised to enlist
Hearing that spy had been taken, and
suspecting it might be his promised re-
cruit, he went to the courtroom and
there recognized the prisoner. His tes-
timony was sufficient. The court had
made up its mind before the prisoners
counsel had said word
Captain Fitz Hugh seemed distressed |
at not being able to bring forth any evil |
dence in behalf of the prisoner. When |
he arose 60 speak in Marks defense the
court listened to him with marked at
tention and respect-indeed they were |
as favorably impressed with the ac-
cused's counsel as they were unfavor-
ably disposed toward the accused. The |
captain was obliged to content himself /
with warning the court against convict
ing IMAM of being a spy because his |
identity was not satisfactorily explained /
anl on circunstantial evidence. He |
asked that the prisoner might have more
time than had been given him in which
to gather evidence in his behalf
The court denied this request and pro
ceeded with verdict. In forty minutes
after Mark entered the courtroom he was
found guilty Of being a spy.
Have you anything to say why the
sentence of the court should not be passed
upon you"
"No, sir"
Captain Fitz Hugh interposed once
more for delay.
Il would suggest, he said, "that mas
much as some explanation may come TO
hand bearing on the case the court fix
my clients punishment TO take place on
a day not nearer than week from to-
day."
81 had intended to fix it for to-
morrow morning at SUNRISE" said the
president. "but in Difference TO the
prisoners counsel viii compromise
with him midway between week, as
he desires. and tomorrow, or allowing
three days. The sentence of the court is
that the prisoner be hanged by the neck
until he is dead ON the twenty
day of August, eighteen hundred and
sixty-two, or three days from today"
Before Mark was led out of the court
room his counsel approached him. Con-
sidering the prejudice against the pris-
oner, another man would have suffered
him to go without word. Not so Cap
tain Fitz Hugh. He strobe up to Mark,
he officers and soldiers present making
! way for him, leaving him alone with
he prisoner by Withdrawing TO another
part of the room, and extended ms hand.
lone thing is plain to me, he said,
whoever you are, you are a gentleman,
md believe you have sacrificed your
ife to your sense of duty. | am sorry ,,
hat you did not trust me with your Sc