Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1893-05-23
PARIS. MAINE. TUESDAY. MAY %. 1893

"Wnat war tueb tnroWoo ovofT
"Oh, war only throwen stones"
"what yer throwsn stones that sway
furY-
"Fur fun
"well, y Just keep away from th'
fence er y shan't play In tn yard st al.
III shet y up with thet big brother o
youru."
"waal, I won't 60 thar no more" And
Jakey took top ont Of his trouserl
pocket and began plugging imaginary
tops on the ground.
Mark hoped that the preparations the
Confederates were making for the ex.
pected move would cause them to forget
him. He was not destined to be % for.
tunate. The second day after his cap
lure he was taken before court martial
held In house occupied by the staR de-
l.artment, to be tried on the charge Of
being q spy.
The court was assembled and ready to
proceed with the case. An officer had
been detailed 10 defend the prisoner, but
he had not arrived and the court waited.
Presently clatter Of horses hoofs was
heard outside. II stopped before the
door Of the house. and In another mo-
ment Marks counsel entered the room.
Mark looxed at him with astonish-
ment. In the tall. straight soldier. with
black hair and eyes, mustachs and
goatee, bearing about him that some.
thing which indicates ito the manor
born," he recognized the officer who had
called at tho Fains.. ON the morning he
ild left them-Captain Cameron Fits
llugh.
As soon as he entered he beckoned the
prisoner to follow him to corner Of the
room apart from the others for consulta-
tion. Il was not q convenient place for
such an important interview, but one
charged with being spy was not likely
to get many favors. and the exigencies
Of the case did not admit OF sught ex.
cept the bare forms Of justice.
"Will you give me your confidence,
my man. or shall I proceed at randomy'
AT random"
III you think II best to trust me,
give you the word Of Virginia gentle.
inan that ! will not betray you, and
will do all ! can for you. ] am . Fits
Hugh"
lie said this unconscious OF how 1t
would sound to q northerner. To him
to I've Fitz Hugh was to he 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 aiy secret Is not all my own.
I would be perfectly willing to trust my
fate In your hands II | could honorably
do 80. You will 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 q staff officer.
Knowing now that be was probably .
Union spy. they would have shielded
him. but they had already given mp the
secret. Mark was asked where he lived.
He had entered his name ut the hotel
US coming from Jasper. SO he gave that
place as his residence. but when asked
what county Jasper was In he could not
tell. The maps he had studied, being
military maps, did not give the coun.
ties. Then some Tennessee soldiers were
brought in-the town swarmed with
them-who testified that they lived at
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 q 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 mp Its mind before the prisoners
counsel had said word.
Captain Fitz Hugh seemed distressed
at not being able to bring forth any evi.
dence In behalf Of the prisoner. When
he arose to 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 a man Of being spy because his
identity was not satisfactorily explained
and on circumstantial 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 . spy.
"Have you anything to say why the
sentence Of the court should not be passed
upon your"
"No, sir"
Captain Fit. Hugh interposed once
more for delay.
81 would suggest. !" be said, "that mas
much as some explanation may come to
hand bearing on the case the court hx
my clients punishment TO take place on
q day not nearer than week from to-
day."
81 had intended to fx II for to-
morrow morning at SUNRISE said the
president. "but In Difference to the
prisoners counsel will compromise
with him midway between q week. a.
he desires. and tomorrow. or allowing
three days. The sentence OF the court is
that the prisoner be hanged by the neck
until ho Is dead on the twenty.seventh
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 20 without word. Not 90 Cap
tain Fits Hugh. He strobe mp to Mark.
tho officers and soldiers present making
A way for him, leaving him alone with
the prisoner by withdrawing to another
part Of the room. and extended his hand.
zone thing Is plain to me" he said.
whoever you are, you are gentleman,
and I believe you have sacrificed your
life to your sense Of duty. ] am sorry
that you did not trust me with your So
cret. Then might have done something
for you. Al Il IL. have done nothing"
lit would have availed nothing" said
Mark. "You have done all Jon could
under any circumstances. Besides, had
| told you who am. you might have
felt II your bounden duty to your cause
TO make known the facts"
"Nevsr." said Fitz Hugh proudly. ~
owe moro to myself. more to my sense OF