Middlebury register. (Middlebury, Vt.) 1886-1937, 1910-12-30
A Recognition
BY ELINOR STEWART CATION
Association.

position III WHICH ue IOunU 0lInSelI.
He was convicted. and the Judge asked
him if he had anything to say why
sentence of death should not be passed
upon him.
Yes. jedge," said the man in q trem-
bling voice. II got two things to say
why oughtn't to be strung up in dis
no'th'n state, though I wouldn't hab
nothin' to say why l 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 fightin'
de 'Federates at de battle OBJ Gettys-
burg; darefo l couldn't "a been KILN
a man at de same tine in de state OBJ
Ohio"
The judge looked inquiringly at the
lawyer who had been assigned to de-
fend the convicted man.
1.-THE prisoner didn't tell me this.
your honor" said the lawyer. "Why
didn't you. Bob?"
II don't know nothin' bout law"
replied Bob. II 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
will warrant a stay. Bob. when was
the battle of Gettysburg foughtY
"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 frecrackers celebratin' de Fourth
OBJ July"
us 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. 1t was fought
during the first few days of July,
1863"
How do you know that?"
81 ought to know; was there"
Bob" pursued the attorney, "were
you a soldier in the war;"
Yes. boss; | was a regular listed
man, but was detailed by de major TO
to take keer OBJ his hose. When de
~ I t11ly l.
away from dead man and iined in"
What regiment did the major
whose horse you took care Of belong
to-" asked the man with the red hair.
"De til Illinois,"
What was his name"
"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:
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 regi-
ment. and. in the second. | would
not have been permitted to detail a
private for a servant"
Ina -
interrupted the prisoner. II listed in
de -th Virginia. was wounded at
Fredericksburg and discharged.
jined"-
THAT will do" the lawyer interpos-
ed. II will put you on the stand
later"
Don't yo' know me, maja'?" said
the prisoner. II didn't know yo' 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, 1868"
my man." was the answer, had
been wounded shortly before by a
bayonet in the breast. l remember
that the scar left resembled a heart.
l used to tell him he carried his heart
on the outside"
Look a-here, maja'w the darby
cried, tearing open his wooden shirt
and exposing 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, 81 can
vouch for this man. | recognize that
scar for the one on the breast of my
servant whiS 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
1T linn