The Barre daily times. (Barre, Vt.) 1897-1959, 1910-12-01

him IL he had anything TO say why
sentence Of death should not be passed
upon him.
yes, jedge," said the man in trem-
bling voice, Il got two things to say
why oughtn't to be strung up in dis
no'th'n state, though | wouldn't hab
nothin' TO say why | oughtn't to be
strung up in a south'n state"
well what's your first reasonT'
'The fus' reason is dat fought In
de wah TO de union OBJ dis state wild
de udder STATES"
Very good What's your second rea.
SOM"
DE second reason IS dat when de
man was done murdered | was fghdn
de 'Federates at de battle OBJ Gettys.
burg; darefo couldn't "a been KILN
a man at de same time in de state OBJ
/ Ohio
! The judge looked inquiringly at the
lawyer who had been assigned to de-
/ fend the convicted man.
| The prisoner didn't tell me this,
your honor" said the lawyer. "Why
didn't you, Bob?"
Il don't know nothln' bout law"
replied Bob. Il reckoned ma lawyer
done knowed all bout dat"
! your honor" the lawyer interposed.
II conducted the case on the lines of
/ evidence afforded me. Perhaps we
may yet elicit some information that
! viii warrant a stay BOP, when was
the battle Of Gettysburg foughtT
"Lemme see," said Bob, scratching
| his head II disremember de day,
| but | do remember dat ma regiment.
marchin' moth a few days after de
las day OBJ de fight. passed leetle boys
wild 6recrackers celebratin' de Fourth
OBJ july"
rs there any one present" asked
the attorney. who can give the date
Of the battle Of Gettysburg?"
Il can" said a man with red hair
and beard The darby has hit it
pretty nearly so far as the day and
month are concerned. Ii was fought
during the FIRST few days Of July,
1868"
How do you know thatY'
Il ought TO know; was there"
Bob" pursued the attorney. were
you a soldier In the warp
Yes. boss: | was a regular listed
man. but was detailed by de major TO
to take keer OBJ his hose. When de
fghtin' was goin' on | TUX a muskit
away from dead man and jined in"
What regiment did the major
whose horse you took care of belong
tor asked the man with the red hair.
ode -th Illinois
what was his manner"
'Maja' Swain"
The inquirer started
Judge" he said. there's something
singular about this My name is
Swain. and | commanded the -th
Illinois at the battle Of Gettysburg"
The attorney directed Major Swain
to take the witness stand and after
getting so much Of his evidence as
has been given continued the examina.
ton as follows:
Major. did you have negro serv-
ant to take care OF your horseT'
Yes. but not this one His story,
though correct in some points. Is in
correct in others In the first place.
the --th Illinois was not a negro regl
ment. and, In the second, would
not have been permitted to detail a
private for a servant"
Il didn't list in de --th Illinois"
interrupted the prisoner, u listed In
de --th Virginia was wounded at
Fredericksburg and discharged
jined"-
That VIII do" the lawyer interpos.
ed Il will put you on the stand
later"
Don't 20 know me, maja?" said
the prisoner. Il didn't know 20 at
first. but do now"
The major looked suspiciously at the
prisoner. and the prosecuting attorney
objected TO such an irregular way of
getting In testimony.
"Are you willing to swear" asked
the prisoners attorney of the witness.
"that this man was not your servant
on the LIST and I'd Of July, 1892"
my man." was the answer. had
been wounded shortly before by
bayonet in the breast ! remember
that the scar left resembled heart
used to tell him he carried his heart
on the outside"
Look a.here maja'F' the darky
cried. tearing open his wooden shirt
and exposing a scar resembling a
heart
The witness looked at the scar with
wide open eyes. then, leaning over the
rail, extended his hand to the prisoner,
Judge" said the former. Il can
vouch for this man. recognize that
scar for the one on the breast of my
servant while in the army. always
understood that he received it at the
battle of Fredericksburg During the
battle of Gettysburg / needed him. but
couldn't find him. Later. during the
celebrated charge Of the Confederate
General Pickett. | saw him kneeling
behind a stone wall with a musket
leveled at the enemy, and he was one
of those who repealed that attack His
present condition prevented my recog
nizing him."
The case against the negro was end.
ed and the man who had been instru-
mental 10 his acquittal took him again
into his service and cared for him