The Bridgeport evening farmer., 1911-08-30


 tice.
 twill you give me your confidence. my man, or shall proceed at random p "At random"
 'If you think it best to trust me, give you the word of Virginia gentle man that l will not betray you, and I will do all I can for you. I am Fitz Hugh"
 He said this unconscious of how it would sound to a northerner. To him to be a Eitz Hugh was to be incapable of dishonorable act. Mark under stood him perfectly; indeed his counsel inspired him with every confidence.
 'T would explain everything to you, captain, but my secret is not all my own. I 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 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 masqueraded as 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 ho- 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 jed. 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, 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 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 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 nim 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 heinz a spy.
 "Have you anything to say why the passed upon your'
 '.No, sir.'
 Captain Fitz Hugh interposed once more for delay. 'I would suggest" he said, "that in- asmuch as some explanation may come to hand bearing on the case the court fx my clients punishment to take place on a day not nearer than a week from today"
 "I had intended to fix it for tomorrow morning at sunrise," said the president, 'but in deference 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 go without a word. Not so Cap tain Fitz Hugh. He strode up to Mark, the officers and soldiers present making way for him, leaving him alone with the prisoner by withdra wing to another part of the room. and extended bis 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 I might have done something for you. AS it is. I have done nothing"
 Tt would have availed nothing" said Mark. You have done all you could under any circumstances. Besides, had told you who I am. you might have felt it your bounden. duty to your cause to make known the facts"
 "Never." said Fitz Hugh proudly. "I 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 a slight tremble, you are of too fine grain. You are too frank. too truthful. Do not feel moments regret at not hav- ing been able to save me. Mine is but one of thousands of lives that must go out in this great struggle for human liberty. Mine is an ordinary nature. You are fitted for nobler work than war. l trust you will be spared to be- come an honor to your state and a re-