The Yale expositor., 1911-01-13
A Recognition
By ELINoR STEWART CATION
Copyright. 1910. by American Press
Association.

| II 1910 u hC6hO was tLlca LUZ ~ muir
der that had been committed ten years
before. Tho man was broken down
physically and much detected by the
position In which he found himself
He was convicted. and the Judge asked
him II he had anything to say why
sentence oAdeath should not be passed
upon him.
Eyes, jedge," said the man In trem-
bling voice, 81 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 I oughtn't to be
strung up In south'n state"
swell what's your first reason"
'The fus' reason In dat I fought in
de wah To- de union OBJ dis state wild
de udder states"
"Very good. What's your second rea-
sonY
"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, BobT
81 don't know nothin' bout law"
replied Bob. ~ reckoned ma lawyer
done knowed all bout dat"
"Your honor" the lawyer interposed,
'T 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 foughtT
"Lemme see," said Bob, scratching
bis 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 1recrackers celebratin' de Fourth
OBJ July"
"Is there any one present" asked
the attorney, "who can give the date
OF the battle Of Gettysburgr
81 can" said a man with red hair
and beard. "The darby has hit 1t
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 thatT
81 ought to know; was there"
"Bob," pursued the attorney, 'were
you a soldier In the WARP
"Yes, 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 I TUX a musklt
"What regiment did the major
whose horse you took care Of belong
tor" asked the man with the red hair.
"De -th illinois,"
"What was his Manner
"Maja' Swain"
The inquirer started.
Judge" he said, there's something
singular about this. Ny name is
Swain, and l commanded the til
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 az follows:
"Major, did you have negro serv-
ant to take care Of your horseT'
Eyes. but not this one. His story.
though correct In some points, is in
correct I'm others. In the first place,
the -th Illinois was not a negro regi-
ment, and, In the second, I would
not have been permitted to detail a
private for q servant"
81 didn't list In de Nth Illinois, !"
interrupted the prisoner. II listed in
de -th Virginia. l was wounded at
Fredericksberg and discharged. 1
jined"-
"That will do" the lawyer interpos-
ed. 81 will put you on the stand
later"
Don't yo' know me, maja'7" said
the prisoner. II didn't know yo' at
first. but do now"
The major looked suspiciously at the
prisoner. and the prosecuting attorne,
objected to such an irregular way O
getting in testimony.
"Are you willing to swear. aske'
the prisoners attorney OF the witness
that this man was not your servan
on the list and I'd of July, 1897
"My man." was the answer. 'hat
been wounded shortly before by
bayonet in the breast rememb'
that the scar left resembled hear
I used to tell him he carried his heai
on the outside"
look a-here. maja'" the dark
cried. tearing open his woolen shin
and exposing scar resembling !
heart
The witness looked at the scar wit
wide open eyes. then, leaning over tn
rail, extended his hand to the prisonei
Judge" said the former. II ca
vouch for this man. i recognize thu
scar for the one on the breast OF m
servant while in the army. | Away
understood that he received II at Oh
battle OF Fredericksburg. During IN