The herald. [volume] (New Orleans, La.) 1905-1953, 1911-01-19
A Recognition
By ELINOR STEWART CATION
Copyright. 1910. by American Press
Association.

before. The man was broken down
physically and much detected by the
position in which be found himself.
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 a trem,
bling voice. 81 got two things to say
why ! oughtnt to be strung up in dis
no'th'n state, though | wouldn't hab
nothin' to say why I oughtn't to be
strung up in a south'n state"
"Well what's your first reason?"
'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' | couldn't "a been KILN
a man at de same time in de state oh
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?"
81 don't know nothin' 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
will warrant stay. Bob, when was
the battle of Gettysburg foughtY'
"Lemme see." said Bob, scratching
his head. Il disremember de day,
but l do remember dat ma regiment,
marchin' moth a few days after de
las day OBJ de fight. passed leetle boys
wild irecrackers celebratin' de Fou'th
OBJ July"
as there any one present." asked
the attorney. who can give the date
Of the battle Of GettysburgT"
81 can" said a man with red hair
and beard The darky has hit it
pretty nearly so far as the day and
month are concerned. 1t was fought
during the first few days Of July.
1868"
How do you know thatT
81 ought to know; was there"
Bob" pursued the attorney. "were
you a soldier in the warp
Eyes. 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 a dead man and jined in"
What regiment did the major
whose horse you took care of belong
to-" asked the man with the red hair.
"De -th Illinois"
"What was his name"
"Maja' Swain"
The inquirer started
Judge" he said, there's something
singular about this. My name is
Swain. ard commanded the -th
Illinois at the battle of Gettysburg" ]
The attorney directed Major Swat
to take the witness stand and afte
getting so much of his evidence a
has been given continued the examine
ton as follows:
major. did you have a negro sery
ant to take care of your horseT
Eyes. 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 reg
ment, and. In the second, | woul
not have been permitted to detail
private for a servant"
81 didn't list in de -th Illinois.
the prisoner. II listed 4
de til Virginia. | was wounded
Fredericksburg and discharged.
jined"-
THAT will do" the lawyer interpd
ed II will put you on the stand
later"
Don't yo' know me, maja'?" said
the prisoner. II didn't know yo' al
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 servaD'
On the LIST and I'd of July. 1882
"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 hear
On the outside"
"Look a-here, maja'r' the dark
cried. tearing open his wooden shirl
and exposing a scar resembling n
heart
The witness looked at the scar with
vide open eyes. then, leaning over the
rail, extended his hand to the prisoner
Judge" said the former. IL cal
Touch for this man. recognize tina:
,car for the one on the breast of m,
servant while in the army. l always
understood that he received 1t at tn,
,attle of Fredericksburg. During thu
battle of Gettysburg | needed him. buf
couldn't find him. Later. during thu
celebrated charge of the Confederate
General Pickett, I saw him kneeling
behind a stone wall with a muskeI
eveled at the enemy. and he was one
# those who repelled that attack. Hi