Capitola's Peril Part 42

Traverse looked pale, from the severe effects of excessive fatigue and anxiety, but he deported himself with firmness and dignity, bowed respectfully to the court, and then drew his stately form up to its fullest height, and stood awaiting the proceedings.

The Judge Advocate at the order of the President, commenced and read the warrant for holding the court. He then read over the names of the members, commencing as before, with the President, and descending through the gradations of rank to the youngest officer, and demanded of the prisoner whether he had any cause of challenge, or took any exception to any member present, and if so, to declare it, as was his privilege.

Traverse lifted his n.o.ble head and keen eyes, and looked slowly around, in turn, upon each officer of the court-martial.

They might all be said to be strangers to him, since he knew them only by sight--all except his old acquaintance, Herbert Greyson, who sat first at the left hand of the President, and who returned his look of scrutiny with a gaze full of encouragement.

"I find no cause of challenge, and take no exception to any among the officers composing this court," answered Traverse, again bowing with such sweetness and dignity in tone and gesture that the officers, in surprise, looked first at the prisoner and then at each other. No one could doubt that the accused, in the humble garb of a private soldier, was nevertheless a man of education and refinement--a true gentleman, both in birth and breeding.

As no challenge was made, the Judge Advocate proceeded to administer to each of the members of the court the oath prescribed in the Articles of War, to the intent that they should "try the matter before them, between the prisoner and the United States, according to the evidence, without fear, favor or affection."

This oath was taken by each member holding up his right hand and repeating the words after the officer.

The court then being regularly const.i.tuted, and every preliminary form observed, the Judge Advocate arose and directed the prisoner to listen to the charge brought against him, and preferred by the Colonel of his Regiment, Gabriel Le Noir.

Traverse raised his head and fixed his eagle eyes upon the prosecutor, who stood beside the Judge Advocate, while the latter in an audible voice read the accusation, charging the prisoner with wilful neglect of duty, in that he, the said Traverse Rocke, on the night of the first of September, being placed on guard at the northwestern outpost of the Infantry quarters, at Tacubaya, did fall asleep upon his post, thereby endangering the safety of the quarters, and violating the 46th Article of War.

To which charge the prisoner, in a firm voice, replied:

"Not guilty of wilful neglect of duty, though found sleeping upon my post."

The Judge Advocate then cautioned all witnesses to withdraw from the court and come only as they were called. They withdrew, and he then arranged some preliminaries of the examination, and called in--Captain Zuten, of the ---- Regiment of Infantry.

This witness was a short, coa.r.s.e-featured, red-haired person of Dutch extraction, without intellect enough to enable him to conceal the malignity of his nature.

He testified that on Thursday, the first of September, Traverse Rocke, private in his company, was ordered on guard at the northwestern outpost of the quarters, between the hours of four and eight a.m. That about five o'clock on the same morning, he, Joseph Zuten, in making his usual rounds, and being accompanied on that occasion by Colonel Gabriel Le Noir, Lieutenant Adams and Ensign Baker, did surprise Private Traverse Rocke asleep on his post leaning against the sentry box with his musket at his feet.

This witness was cross-examined by the Judge Advocate, who, it is known, combines in his own person the office of prosecutor on the part of the United States and counsel for the prisoner, or rather, if he be honest, he acts as impartial inquirer and arbiter between the two.

As no new facts were gained by the cross-examination, the Judge Advocate proceeded to call the next witness, Colonel Le Noir.

Here, then, was a gentleman of most prepossessing exterior, as well as of most irreproachable reputation.

In brief, his testimony corroborated that of the foregoing witness, as to the finding of the prisoner asleep on his post at the time and place specified. In honor of his high social and military standing, this witness was not cross-examined.

The next called was Lieutenant Adams, who corroborated the evidence of former witnesses. The last person examined was Ensign Baker, whose testimony corresponded exactly to that of all who had gone before him.

The Judge Advocate then briefly summed up the case on the part of the United States--first by reading the 46th Article of War, to wit, that:

"Any sentinel who shall be found sleeping on his post, or shall leave it before he shall be regularly relieved, shall suffer death," etc., etc., etc.

And secondly, by reading the recorded evidence to the effect that:

Traverse Rocke had been found by competent witnesses sleeping on his post.

And concluded by saying:

"Gentlemen, officers of the court-martial, here is the law and here is the fact both proven, and it remains for the court to find a verdict in accordance with both."

The prisoner was then put upon his defence.

Traverse Rocke drew himself up and said, that the truth, like the blessed sun, must, on its s.h.i.+ning forth, dispel all clouds of error; that, trusting in the power of truth, he should briefly relate the history of the preceding seven days. And then he commenced and narrated the facts with which the reader is already acquainted.

Traverse was interrupted several times in the course of his narrative by the President, General W., a severe martinet, who reminded him that an attempt to criminate his superior officers would only injure his cause before the court.

Traverse, bowing, as in duty bound to the President at every fresh interruption, nevertheless proceeded straight on with his narrative to its conclusion.

The defence being closed, the Judge Advocate arose, as was his privilege, to have the last word. He stated that if the prisoner had been oppressed or aggrieved by his superior officer, his remedy lay in the 35th of the Articles of War, providing that any soldier who shall feel himself wronged by his captain shall complain thereof to the Colonel of his Regiment.

To this the prisoner begged to reply that he had considered the Colonel of his Regiment his personal enemy, and as such could have little hope of the issue, even if he had had opportunity afforded him, of appealing to that authority.

The Judge Advocate expressed his belief that this complaint was vexatious and groundless.

And here the evidence was closed, the prosecutor, prisoner and witnesses dismissed, and the court adjourned to meet again to deliberate with closed doors.

It was a period of awful suspense with Traverse Rocke. The prospect seemed dark for him.

The fact of the offense and the law affixing the penalty of death to that offence was established, and as the Judge Advocate truly said, nothing remained but for the court to find their verdict in accordance to both.

Extenuating circ.u.mstances there were certainly; but extenuating circ.u.mstances were seldom admitted in courts-martial, the law and practice of which were severe to the extent of cruelty.

Another circ.u.mstance against him was the fact that it did not require an unanimous vote to render a legal verdict, but that if a majority of two-thirds should vote for conviction, the fate of the prisoner would be sealed. Traverse had but one friend in the court, and what could his single voice do against so many? Apparently nothing: yet, as the prisoner on leaving the court-room, raised his eyes to that friend, Herbert Greyson returned the look with a glance of more than encouragement--of triumph.

CHAPTER XXIII.

THE VERDICT.

We must not make a scare-crow of the law, Setting it up to frighten birds of prey; And let it keep one shape till custom makes it, Their perch and not their terror.

--Shakespeare.

The members of a court-martial sit in the double capacity of jurors and judges; as jurors they find the facts, and as judges they award the punishment. Yet their session with closed doors was without the solemn formality that the uninitiated might have supposed to attend a grave deliberation upon a matter of guilt or innocence involving a question of life or death.

No sooner were the doors closed that shut out the "vulgar" crowd, than the "high and mighty" officials immediately fell into easy att.i.tudes, and disengaged conversation upon the weather, the climate, yesterday's dinner at General Cus.h.i.+on's quarters, the claret, the cigars and the Mexican signoritas.

They were presently recalled from this easy chat by the President, a severe disciplinarian, who reminded them rather sharply of the business upon which they had convened.

The officers immediately wheeled themselves around in the chairs, facing the table, and fell into order.

The Judge Advocate seated himself at his detached stand, opened his book, called the attention of the court, and commenced and read over the whole record of the evidence and the proceedings up to this time.

The President then said:

"For my own part, gentlemen, I think this quite a simple matter, requiring but little deliberation. Here is the fact of the offence proved, and here is the law upon that offence clearly defined. Nothing seems to remain for us to do but to bring in a verdict in accordance with the law and the fact."