The herald-advance. (Milbank, S.D.) 1890-1922, 1911-11-17
fail in your defense. but I thank you

fail In your defense. but I 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 m~asQueraded as a staff officer.
knowing now that he was probably a
| 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 coming from Jasper, so he gave
that place as his residence. but when
asked what county Jasper was in he
could not tell. The 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
seer the prisoner there. The closing
f, evidence against Mark was given by
the recruiting officer with whom he
had promised to enlist. Hearing that
a spy hs9 been taken. and suspecting
1t might IN his promised recruit. he
went to the courtroom and there rec
ognized the prisoner. His testimony
VAS sufficient. The court had made UP
its 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 10 speak in Marks de
Tense the cn1rt listened ia him with
marked attention and respect indeed
they were as faNorabiy impressed with
the accused'S counsel rs they were uu-
IA vorably disposed toward the accused
The captain was obliged to content
himself with warning the court against
convicting a 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 a verdict. In forty
minutes after Mark entered the court
he was found guilty OF being a
spy.
Have you anything to say why the
sentence OF the court should not be
passed upon YOU"
NO, sir"
Captain Fitz Hugh i%nterposed once
more for delay
II would suggest" he said. that in
asmuch as some explanation may come
to hand bearing or the case the court
Ok my clients punishment to take
place on a day not nearer than a week
from today"
Il had intended to fix it for tomorrow
morning at sunrise" said the president.
but in Difference to the prisoners
| counsel | 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 woul have suffered
him to go without a word. Not so Cap
tain Fitz Hugh. He strobe up to Mark,
the officers and soldiers present making
a way for him. leaving him alone with
the prisoner by withdrawing to another
part of the room, and extended his
hand.
One thing is plain TO me-" he said.
whoever YOU are. YOU are "A 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 it is, | have
done nothing"
at would have awaited nothing" said
Mark. You have done Ill you could
under any circumstances. Besides, had
| / told you who | ana, YOU might have
felt it your boundon duty to your cause
to make known the facts"
Never" said Fitz Hugh proudly. Il
owe more to myself, more to my sense
of honor. more 10 my birth and breed
ing, more ever to my state than to
the Confederacy.'
Captain i5itz 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
not feel a moments regret at not hav-
ing been able 10 save me. Min Is but
one of thousands of lives that must go
out i'll this great struggle for human
liberty. Mine is an ordinary nature.
You are fitted for nobler work than
war. | trust you will be spared to be
come IN honor to your state and a re-
united country. From the bottom of
my heart | thank You"
The men clasped hands. and Mark
was led away between two soldiers.