Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1893-01-05

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 tos-
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 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 man Of being spy because his
identity was not satisfactorily explained
and on circumstantial evidence. He
asked that the prisoner might have moro
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 YOU"
mo, SIR"
Captain Fitz Hugh interposed once
more for delay.
IL would suggest" he said, chat 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 l will compromise
with him midway between a week, as
he desires, and tomorrow, or allowing
three days Tho sentence of the court is
that the prisoner be hanged by the neck
until he 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 havo suffered
him to 80 without word. Not so Cap
tain Fitz Hugh. He strobe up to Mark,
the 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.
"One thing is plain to me-" he said,
whoever you are, you are gentleman
and believe you have sacrificed your
life to your sense Of duty. ] am sorry
that YOU did not trust me with your Sc
cret Then might have done something
for you. AS it is, have done nothing"
1T would have availed nothing" said
Mark. You have done all you could
under any circumstances. Besides, had
l told you who l am, you might have
felt it your bounden duty to your cause
to make known the facts"
Never" said Fitz Hugh proudly. Il
owo more to myself more to my sense of
honor, moro to my birth and breeding
more even to my state than to the Con-
federacy."
Captain Fitz Hugh" said Mark with
u voice in which there was slight
tremble, you are Of too fine grain. You
are too frank, too truthful. DO not feel
moments regret at not having been
able to save Inc. Mine is but one Of
thousands Of lives that must go out in
this great struggle for human liberty.
Mine is an ordinary nature. You are
fitted for nobler work than war. trust
you will be spared to become an honor
to your state and a reunited country.
From the bottom Of my heart l thank
you"
The men clasped hands, and Mar;
was led away between two soldiers
CHAPTER Nj