The Marshall republican., 1911-10-19
a FFTETH AiNINERsARY WAR sTcRY
a NJTCHEL.

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 ut 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 hsS been taken, and suspecting
It might Ia bis promised recruit, he
went TO the courtroom and there rec
ognized the prisoner. His testimony
was sufficient. The court had made up
Its mind before the prisoners counsel
had said a word
Captain Fitz Hugh seemed distressed
nt 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 rcspect-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 n man Of being a spy be.
cause his identity was not satisfacto-
rily explained and on circumstantial
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 q verdict. In forty
minutes after Mark entered the court.
room he was found guilty Of being n
spy.
Have you anything 10 say why the
sentence OF the court should not be
passed upon your
mo. sir"
Captain Fitz Hugh interposed once
more for delay.
II would suggest" he said. that In.
asmuch as some explanation may come
to hand bearing on the case the court
nx my clients punishment to tnke
place on day not nearer than a week
from today"
II had intended TO AZ II for tomorrow
morning at SUNRISE" said the president.
but In Difference TO the prisoners
counsel will compromise with him
midway between q week. 40 he de-
sfrea, ana tomorrow. or allowing tnree
days. The sentence Of the court 10
that tho prisoner be hanged by the
neck until he II 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 30 Cap
tain Fits Hugh. He strode up TO Mark.
the officers and soldiers present making
q way for him. leaving him alone with
the prisoner by Withdrawing to another
part Of the room. and extended his
hand.
zone thing is plain TO me-" he said
whoever you are. you are gentle
man, and ! believe you have sacrificed
your life TO your sense Of duty. ! am
sorry that you did not trust me with
your secret. Then ! might have done
something for you. As II Is. have
done nothing"
1T would have avalled nothing" said
Mark. "You have done ail you could
under any circumstances. Besides, had
told you who am. you might have
felt 1t your bounden duty to your cause
10 make known the facts"
"Never," said Fitz Hugh proudly. 81
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
voice In which there was slight
tremble. 'you are Of too fine grain
You are too frank, too truthful. Dc
not feel moments regret at not hav'
ing been able TO save me. Mine is but
one Of thousands Of lives that must &c
out In this great struggle for human
liberty. Mine Is an ordinary nature
You are fitted for nobler work thar
war. trust you will be spared to be
come an honor to your state and re
united country. From the bottom OF
my heart thank you"
The men clasped hands, and Marl
was led away between two soldiers.