El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-05-14
GUILTY..

GUlL11.
But Gen Lee PardOned the Desertel
From the Washington Post
During the winter of lS63-64 it wa
the fortune of Gen. Cullen A. Battle o
Ala bama to be president of the cour
martial of the army of Northern Vir
ginia. One bleak December morning
while the snow covered the grount
ana wind h'wled around his cam D
b. lett lis b YOU &c fir to attend Il
session of court at Round Oak church
Case after case was disposed of, and a
! length the case of the Confederate
States VS.. Edward Cooper was called
charge desertiOn.
| A low murmur rose spontaneously
| from the battle-scarr spectators as
the young artiIleryman arose from the
prisoners bench aud in response to the
question. ''Gui'Jv or not guilty." aus
wered, "Not gully" Toe Judge adj
vocate was proce eding to open the pro-
| secutiOn when toe court, observing
| that the prisoner was unattended by
counsel, interposed and inquired of the
accused, who is your cOunsel?' He re-
piled: Il have no.counsel."
Surprising that it WAS COODer'S pur-
pose to represent himself before the
court the judge advocate was instruct
ed to proceed. Every charge and spe-
citicatjon against the prisoner was sus-
tanned. Ire prisoner was then told to
introduce his witnesses. He replied:
81 have no Witnesses" Aston shed
at the calmless with which he seemed
to be subm lifting to what he regarded
as inevita ole fate, Gen Battle said to
him: Have you no defense? IL it
possible that you abandoned your com
rades and deserted your colors in the
presence of the enemy without any rea-
son?'
bu. it will not avail me before mill
tary court
Gea Battle then said:
perhaps you are mistaken. You
sre now charged with the highest
crime known to military law, and 1t is
your duty to make known the causes
that influenced your actions"
For the first time Cooper's manly
form trembled and his blue eyes swan
in tears. Approaching the preside nt
of the court, he presented a letter, say
ing as he did so:
There, General, is what did it."
Gen. Battle opened the letter and in
a moment his eyes filed with tears. It
was passed from one to another of the
court until al mad seen it, and those
stern warriors who had passed with
Stone wall jackson through hundred
battles wept like children. As soon as
the president sufficiently recovered his
self possession he read the letter as the
defense of the prisoner. 1t was in these
words.
Dear ward: | have always been
proud of you; siuce your connection
with the confederate army | have been
prouder of you than ever before. l
would not have you do anything wrong
for the world: but, before God. Edward,
unless you come home we
ed by little Eddie's crying:
Lucy, Edward, your darling Lucy. she
never complains. but grows thinner
and thinner every day. And before
God, Edward, unless you come home
we must die.
'YoUR MARY"
Turning to tho prisoner, General
Battle said:
What did you do when you
received this letter. He replied:
II made appli :ation for a furlough,
and it was rejected: again L made APP
plicatiOn and 1t was rejected; a third
time | made applica and it was re
jected, and that night, as l wandered
backward and forward in the camp.
thinking of my home, the wild eyes of
Lucy looking up to me, with the burr
ing words of Mary sinking in my
brain, L was no longer the confederate |
soldier. but was the father of Lucy
and the husband of Mary, and 1 would |
have pa ssed those lines if every gun in |
the battery had been fired upon me.
When [ arrived home Mary ran
out to meet me, and EN- braced me and
whispered
"'Oh, Edward, am 80 happy. 1 am
so glad you got y"ur furlough.' She
must have felt me shudder, for she
turned pale as death and, catching her
bresth at every word, she said:
Have you come without your fur
Tough? 0, Edward, go back, Go back.
Let me and the children go down to the
grave together, bat oh, for heavens
sake, save the honor of your name"
And here l am, gentlemen. not
brought here by military power, but
IN obed ence to the command of Mary,
and abide toe sentence of your COURT"
Every officer of that cOurtmartial
felt the force of the prisoners words.
Before them stood, in beatifc vision,
the eloquent pleader for a hus band and
a fathers wrong, but they had been
trained by the great leader. Robert E.
Lee, to tread the path of DUTY though
the Lightning flash scorched the
ground beneath their feet and each in
his turn pronounced the verdict,
Guilty."
Fortunately for humanity, fortunate
ly for the confederacy, the proceed
ings of the court were reviewed by the
commanding general, and upon the re-
cord Was written:
H adquarters A. N. V.-The find
ing of the court approved. The pri-
souer is parloned and will report 10
his company.
''R. E. LEE, general: