The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-08-22
my man. or shall proceed at random?"


will do all I can for you. am Fitz
Hugh"
He said this unconscious of how it
would sound to a northerner. To him
to be 4 Fitz Hugh was to be incapable
of a dishonorable act. Mark under
stood him perfectly; indeed his counsel
inspired him with every confidence.
Il would explain everything to you,
captain, but my secret. is not all my
own. 1 would be perfectly willing to
trust my fate in your hands if I could
honorably do so. 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 staff officer.
Knowing now that he was probably
Union spy, they would have shielded
him, but they had already given up
the secret. Mark was asked where he
lived.
He had entered his name at the no
tel as comirr from Jasper, so be gave
that place az. his residence, but when
asked what cS:snty Jasper was in he
could not tell. N,,he maps he had stud
led, being military maps, did not give
the counties. 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
a spy had been taken, and suspecting
it might De his promised recruit, ne
went to the courtroom and there rec
ognized the prisoner. His testimony
was sufficient. The court had made up
it's mind before the prisoners counsel
had said a word.
Captain Fitz Hugh seemed distressed
at not being able to bring forth any
evidence in behalf of the prisoner.
When he arose to speak in Marks de-
fense the court listened to him with
marked attention and respect-indeed
they were as favorably impressed with
the accused's counsel as they were un-
favorably disposed toward the accused.
The captain was obliged to content
himself with warning the court against
convicting a man Of being spy be-
cause his identity was not satisfacto-
rily explained and on circumstandal
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
proceeded with a verdict. In forty
minutes after Mark entered the court
room he was found guilty Of being
spy.
"Have you anything to say why the
sentence of the court should not be
passed upon you?"
'No, SIR
Captain Fitz Hugh interposed once
more for delay.
81 would suggest" he said, "that in
asmuch as some explanation may come
to hand bearing on the case the court
tx my clients. punishment to take
place on a day not nearer than a week
from today"
II had intended to fix it for tomorrow
morning at SUNRISE" said the president,
| 'but in Difference to the prisoners
counsel I will compromise with him
midway between a week, as he de-
sires, and tomorrow, or allowing three
DAYS. The 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 hun
dred 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 so Cap
tain Fitz Hugh. He strobe up to Mark,
the officers and soldiers present making
way for him, leaving him alone with
the prisoner by withdrawing to another
part of the room, and extended his
hand.
lone thing is plain to me-" he said.
"whoever you are, you are gentle
man, and l believe you have sacrificed
your life to your sense Of duty. 1 am
sorry that you did not trust me with
your secret. Then I might have done
something for you. As it is, l have
done nothing"
'It would have availed nothing" said
Mark. "You have done all you could
under any circumstances. Besides, had
told you who am, you might have
felt it your bounden duty to your cause
to make known the facts"
Never" said Fitz Hugh proudly. u
owe more to myself, more to my sense
of honor, more to my birth and breed
ing, more even to my state than to
the Confederacy.'
Captain Fitz Hugh" said Mark with
a voice in which there was a slight
tremble, "you are of too fine grain.
You are too frank, too truthful. DO