Saturday Evening Mail, Volume 21, Number 44, Terre Haute, Vigo County, 25 April 1891 — Page 2

2

AN ARMYPQRTIA

CHAPTER XIV.

am nnt. aware, fol. Latclcr."

A general court martial was in session at Ryan, ami for three days had been sitting iri judgment on Lieut. Hearn. It Vfiui the first occasion in many a long year on which Col. Lawler had appeared in the role of judge advocate, that complex and contradictory position wherein the so called legal adviser of the court, having prosecuted in the name of the government to the extent of his ability, proceeds to demolish his own elaborately planned attac! It is the not infrequent result of such a system that the exertions of the prosecution so exhaust its representatives that the defense is loft to its own device's, and in the case of Col. Lawler, as has been said, he had always held that when an offlcor was under trial the moral obligation of I the government was to find him guilty, if a possible thing.

No ono on the court could quite under-1 stand why Lawler had been detailed for this duty. It was a most unusual thing to call upon the gflicers of tlio department of military just ice itself to furnish the prosecutor rather was it their province to remain fit he office of the di--vision or department, commander, and in reviewing the records to sit in judgment on the judges. But The Palladium, true to Kenyou'sj prophecy, was not slow in explaining the situation. It was a ease in which the whole people, with itself as their representative, had demanded the trial of tho officer who dared maltreat the man. No ordinary occasion was this, but one to attract wide attention throughout the, entire nS&ion and bo daily reported by the press. Col. Lawler saw opportunity for distinction hitherto unequaled. lie asked of his general tlio detail as judge advocate of the court, and the general, though surprised, saw no way to refuse.

Bo carefully had the court been chosen that of its entire array of thirteen members every man was personally a stranger to the young soldier whose fate lay in their hands. Of all his regiment not another officer was at the post when the court began to arrive, and the only soldier—heaven save tho mark!—was Welsh, now assigned, much to their disgust, to Capt. lirodie's company of the Infantry for rations and quarters until his evidence should bo given and Welsh was tho constant ceuter of a group of newspaper men now billeted at Ceutral Ciiy, and rerouting it not a little that they were not invited to put up at the fort.

But as matters stood tho fort was already taxed to its utmost capacity tho only quarters iti which there was room for the arriving gentlemen were those of the absent cavalry officers. Mrs. Morris had two spare rooms, and promptly invite*! Cols, (iraco and Maitland, old friends of her husband, to be her guests. Kenyon took in three of tho seniors. Airs. Wharton happened to know Capt. Chase, who \v:m ono of the detail, and scandalized Mrs. Brodie by lkirrov?ing the Lane barouche, meeting him at tho lo{*t and driving him straight to her rvxif. ••M unl you." said that yonng matron, •"every man on this court shan't go to its first session without knowing something of Frank Hearn's mil character. I only wish 1 had nxmi for more."

Mrs. l^iine had no spare Ixvlroom, but bade her ivs ini- utal friends who had to fill them up with members of the court. "Georgia and 1 will Kard the whole array if you will only let us." she declared. "Til set alunch for the court at noon, and dine»t he entire party at 7 every day they are hew if some one will only agreo to Lake Col, Lawler."

Nobody w-an ted Lawler, and so he •was one of tho tluvo relegated to the gloomy precincts of old Kenyon's quarters ami compelled to rough it at bachelor mos*. It was arranged that eight •xnemN'rs of the court should be quartered among the cavalry homesteads and oth»rwis* entertained at tlio Lanes". Of such are the expedients to which garrisons are subject.

It was not until Monday afternoon .that tho court lx\g»n its session Twno

officer* had telegraphed that they could not reach the jxist until the arrival of tho nivo train but all that morning and most of Sunday the judge advvate had bwui bustling about tb«» garrison. full of importance and enthusiasm. Ii«xxscnising the inU»m»t felt in tho caw by an entire neighKirhtxxl, aad sedulously active in providing few the needs of the pnxs. Lawler had caaaAl the quarters of

U\*p to be cleared of all the iroo banks. Arm racks and lookers were

Bu 6apt, 6Has. Kino, U. S. fl.,

Author of "The Colonel's Daughter," "The Deserter," "Prom the Ranbs," "Dunracen Ranch," "Ttco Soldiers."

I Copyright, 1690, By J. B. Lippincott Company, Fhiladel phia. and published by special arrangement with them. shifted away a long table had Deen brought np from the mess room underneath and set in the middle of the big room, the president's chair at the head, his own at the foot, those of the mem bersat the sides. Another long table was provided for the swarm of newspaper correspondents, and then, for the general public, the mess rooms of the cavalry had been ransacked, and benches and chairs to accommodate several hundred people ranged about the room. It was Saturday night when Lawler arrived and was met by Maj. Kenyon and escorted to his quarters. "You might tell Mr. Hearn that whatever he may desire to say to me about the case I can hear to-night. You have no objection to his coming to your quarters, I suppose?1' "Lord.no! I like it. So does he generally, but if you want to see Hearn you'll have to go yourself."

Why?" said Lawler, reddening. '"He ought to know that it is to his interest to seek the advice and assistance of the judge advocate. Of course he knows that I must do my full duty in prosecuting the case but, outside of that, any service I can render him he has a right to call for." "Oh, he understands but, as he was given no opportunity to speak for himself when you were investigating the case, I fancy he will ask none now until he comes before the court Then you probably will hear from him." "It might bo very much better if he were to frankly consult the judge advocate," said Lawler, gazing keenly at Konyon from under his shaggy brows. "Very much better for tho prosecution. But—how better for him?" "Well, those young men never gain anything by fighting a case. He had much better throw himself on the clemency of the court. But I suppose some ono has undertaken to defend him?1 Another shrewd glance. "Some one! yes, I'vo heard that several some ones offered their services by first mail tho moment it was known you were to be prosecutor. Wnat the devil did you take it for, anyway?" "You seem to forget, Maj. Kenyon, that it was a matter of very grave importance to the army as well as to the public," said tho colonel, with much dig nity. "Officers who are rash enough to seek to defend him can have little conception of ho feeling aroused throughout the entire north." "True," said Kenyon, with sarcastic emphasis. "It's one of the singular traits, of some fellows in the army that, instead of meekljy knuckling under to,.what they know to be an outrageous misrepresentation of themselves and their profession, they should havo the consummate effrontery to resent even newspaper attacks. Now, you can hardly conceive it possible, Col. Lawler, but do you know there aro actually officers who think Hearn a thousand times more sinned against than sinning? And, that being their conviction, they are so blind to their own interest as to be willing to tight for it. It is incomprehensible—to some people, but it's a fact."

And—will it bo believed?—when Col. Lawler sent his orderly to say that he would receive Hearn at Maj. Kenyon's quarters in case he desired to see him, the orderly came back with the lieutenant's compliments and the singular response that tlio lieutenant ktiew of no reason whatever why I10 should want to see the colonel at any time.

Lawler had conceived it his duty then to accost Mr. Hearn on the piazza of his quarters, and blandly to inform him that ho was entitled, if he saw fit, to call in tho services of some suitable friend as amicus curia?. Brodie and Cross were both stting there at the moment, and glanced at each other wilh a grin, as Hearn coolly looked the jndge advocate straight in tho eyo and remarked that he was aware of the fact. "I thought you might not know it, and I desired to say that I should interpose no objection," said LawVor. "I am not aware, Col. Lawler, that it is the judge advocate who either denies or consents. It is the court, as I understand it, that settles the question." And Lawler went away with tingling ears. Hearn's temper was being sorely tried. No less than four times that Sunday morning had he been called upon by gentlemen representing themselves as correspondents for somo paper or other, each one of whom desired-to interview him as to tho line of defense he proposed adopting, and really seemed astonished that he should decline to give any information on the subject. And Hearxta replies to Lawler had bgen banged around the garrison with adcled emphasis at every repetition.

And yet when Monday afternoon came, and in the presence of a crowded array of civilians from all over the neighborhood Col. Lawler impressively inquired the name of the gentleman whom the accused desired to Introduce as counsel, and even the fans oeased to flutter and all ears were Intent upon the reply, and a doaeo pencils were poised over the pads cm the reporters' table, Mr. Hearn astonished almost all hearers by placidly, even smilingly, responding: "Nobody." "Why, I understood from gentlemen here at the post that you intended to introduce cooneei,** said Lawler, much nettled. "With all deference to the court," said Beam, "the understanding of the jndge advocate is at fault."

There wm instant titter and a ripple 01 applac&MX The correspondents glanced anicklv at one another and then in sur­

TBRRE HAUTE SATURDAY EVENING

prise at nearn. or a man wtto rerusea to talk at their bidding, he was displaying unloosed for ability now. Lawler reddened to the roots of Ms hair and glanced angrily around. "The audience must keep order,* he said. "You are at liberty to witness these proceedings, but audible comment or any levity at attempted witticisms on the part of the accused will not be tolerated."

But Qearn's face wore a provokmgly placid smile, and the president, rapping on the table with the hilt of his sword, called for silence and curtly demanded of the judge advocate that he proceed with the case.

Not ten feet from where Mr. Hearn sat by his little table, whereon were his memoranda and a few books, Georgia Marshall, with sparkling eyes and flushed cheeks, bent and whispered to Mrs. Lane: "One for our side."

And Mrs. Wharton, catching the eye of some friends across the room, very improperly tapped the back of her kid covered thumb nails together iu mute applause. The press and the populace might be with the prosecution, but it was easy to see that there were loyal and lavish hearts there stanch for the defense.

The court had not been authorized to sit without regard to hours. Lawler argued that in a case of such widespread interest the sessions should beheld when it would be most convenient for the world at large to attend, and by adjourning at 3 p. m., the conventional hour, all good citizens would be able to get home in abundance of time, secure in the belief that nothing would transpire before they could return to their post of observation on the morrow. Nothing of great consequence was accomplished on the first day beyond the ceremony of swearing the court, which Lawler rendered as impressive as possible, the administering of the judge advocate's oath, which Col. Grace rattled through in a perfunctory style that robbed the legal gentleman of the dramatic effect he had contemplated, and the reading of the charges and specifications, which were breathlessly listened to by the throng and most oratorically delivered by the judge advocate. There was something especially fine in the air with Which he turned and faced the soldierly young officer, who, in his trim fatigue uniform, stood opposite to him at the table. "To the first specification of the first charge, how say you, sir—guilty or not guilty?"

And, in the simplest way in tho world, the answer came in tones- sufficiently clear to be audible beyond the open Window: "NoS guilty."

And so to each a:i 1 every specification and to the charges of conduct unbecoming a:i officer a:id :i gentleman, and of con.lr.c.^ prejirlicir.! to good order and military discipline, Lieut. Hoaru calmly protested his entire innocence, and the pleas Avero duly recorded.

Then Col. Lawler announced thal£jin view of tho importance and probable length of the case I10 desired the scrjices 'of a stenographer and requeste^^ authority of tho court to call one 1 Tho president looke^l perturbed stenographers were expensive, and the last court he was on had been r: pped over the knuckles for employing one, although tho record exceeded a hundred and fifty pages iu length. "How long will you need one, and how soon can you get him here?" asked Col. Grace. "Well, we can get through with the case in a very short time with a stenographer, but it will take a week at least without one." He did not say, however, that ho had ono already in the room, in the shape of a newspaper man from Chicago. Some of the court began to consult among themselves. "Make him write his own proceedings," whispered Col. Maitland to the president. "By gad, he was probably the man that rapped your court for employing one thereat Omaha last month.M Then he scribbled a lino and tossed the scrap of paper over to Maj. Putnam on the other side, and passed word down to Capt. Thorp, who had been judge advocate of the court in question. It was evident the members thought that here was an admirable chance to "work" the judge advocate, a thing seldom enjoyed and at last old Grace, humming and hawing a little, said that the court could not see the necessity, in view of the remarks made by division headquarters on a recent case, and must for the present decline the request Whereat Col. Lawler, in manifest ill humor, remarked that he could be safely expected to say what would and what would not be approved by the division commando*, and that, if the court would not order it, he would get tho order by telegraph. "All right," said the president, "and mean time Wll proceed without one. I suppose yew are ready with ,your first witness, Mr. Judge Advocate?" "If the court insists, yes but I prefer to wait until I hear from the telegram which I am now writing." "We bad better go right ahead,** said CoL Grace.

And qa apudpjpfound silence, the salhe oftLi first witness was called, and witht&e efes of the entire room upon him, neatly dressed, cleanly shaved, and looking hte very best, Trooper Welsh was ushered in from the outer gallery, was sworn impressively by Lawler, and w*s asked for -his name, rank and regiment, and whether he knew theaccosad. The new correspondent of The Palladium described the hasty glance which Welsh cast at the tieotenant as one in which his glowing, dark eyes kindled with the peat up sense of the wrongs and humiliations heaped upon him by the beer in question." Maj. Kenyon, aitting close by Mrs. Lane, looked at Brodie with swift whispered comment on that furtive glance. Miss Marshall sever took her eyes from the wiUfBss'B face. *St»te how long you have been in service, aad with what company you 11 11 1 BBV6 H!f VOU» 'Pre been"—then there was a soddso fctiiii- of Um «mKda

hesitation, but only, a moment's—"I've been in Troop C, Eleventh cavalry, about eight months, stationed here at Fort Ryan. I enlisted in St. Louis ayear ago."

The judge advocate was just writing out the answer when Miss Marshall leaned over and whispered a word to Kenyon. The major nodded appreciatively and looked eagerly along the faces of the members of the court across the table. Capt. Thorp's eyes met his, and it was Thorp who suddenly spoke: "The witness has not-answered the question, as I understand it." "He has answered as the court understands it," said Lawler sharply, "and entirely to my satisfaction." "He maj' have answered to the satisfaction of the jndge advocate, but I suggest that the court can speak for itself," was Thorp's cool reply. "The question should have elicited an answer as to the entire service, possibly in other commands, on the part of the witness, and he replies only as to troop. "He has given the exact information I desired," said Lawler hastily, "and all my question was intended to cover. I protest against interference with my witnesses.

Bang! came old Grace's sword liilt on ihe table. "It is 3 o'clock, Mr. Judge Advocate, imd the court will adjourn."

Lawler drew a long breath and glanced triumphantly at Thorp. But, however little the first daybrought forth, the second in no wise lacked sensation. Welsh and Mr. Levi Schonberg, in terms most emphatic, had described the assault upon.the principal witness both declared that with brutal violence Welsh had been dragged fcrth from tho barroom and then kicked and cuffed all the way to the guard house both denied the faintest provocation or excuse and then, amid oppressive stillness, Mr. Schonberg had described his connection with the trader's establishment six years before {uya his knowledge of the pecuniary dealings of the accused. In positive terms he asserted that old Mr. Braine had lent tho accused sums aggregating six hundred dollars at different times, and that he had frequently and vainly importuned him in letters written by Schonberg for payment, had been ignored, and that finally when ho, after the accused returned to the post, strove to collect the amount he, the witness, was met with curt refusals, denials of all indebtedness, and finally with threats and assault.

Nothing much more connected could well be imagined. Both men were positive and precise as to facts and dates, and both when cross examined by the accused stuck stoutl}' and positively to their versions. Another witness was Mrs. Schonberg that was and Mrs. Braine that had been, and her testimony, though by no means truculent or positive, was largely in support of that of her Jewish spouse. She was sure of the loans to Hearn sure ho had never repaid them sure that Braine had directed them placed upon the books, and had frequently spoken to her of them, because she thought that he was too open anded and credulous, and had told him $0.

When coiirt adjourned at 8 p. m. on the second day the caso had gono dead against Hearn, and Col. Grace gravely inquired if he could not procure counsel even now it might still be allowed. But Hearn quietly shook his head. Wednesday morning was to have brought the redoubtable Mr. Abrams to the scene to aid the case for the prosecution, but Col. Lawler was compelled to say that tho witness was not forthcoming, and had not even answered telegrams sent him. There was some quiet grinning at the reporters' table, and old Kenyon breathed a sigh as ho bent over and whispered to Brodie: "D—n that fellow! He never meant to come and Lawler knows it. Cross examination would have broken him all up."

But two other civilians were produced, who claimed to be old friends of the late trader, and one of these testified that the week before his death Mr. Braine had declared that Hearn had refused to repay the money and he regarded it as good as lost. Hearn protested against this as "hearsay" and not testimony under oath. Lawler vowed it was material and confirmatory, and the court was cleared, to the utter indignation of tho correspondents thus compelled to quit the room' with the common herd. Thrice again this happened during the day, and people grew disgusted, many of them leaving but those who remained, including the officers, could see no earthly hope for Hearn. Everything had been as conclusively proved as such witnesses could establish matters, and the only chance lay in the impeachment of their testimony.

It was nearly 3 o'clock on Wednesday when Lawler said that if the other witness, Mr. Abrams, did not put in an appearance he would rest the case for the prosecution. CoL MaitSand inquired why the books of thJ late post trader had not been produced in court ijt pupport of Schonberg's testii&pny, and Lawler promptly responfedtha$_they were too balky to be appended to the Record, were property of the estate, and he had

CQPfiidered $hem accessary. However, if the Court Insisted— And the court did. Schonberg was directed to bring his books at^.0 o^clock the next Say.

That evening the party gathered on Lane's piazza was very silfeat and sad. Kenyon had been them awhile and gone away with bowed head and thoughtful eyes. The defense, of course, had not begun. There would be no difficulty in utterly defeating the charge of assault upon the soldier Welsh, but what worried one and all was the testimony of Schonberg and Bnine's relict If that hoM goed with the court, then Hearn had been guilty of disgraceful conduct in stating orally and in writing that he had long since paid those debts. There could be no senteooe but dismissal. Hearn had shut hhniwUf up in his room. That day had brought a long letter from htm father, and it was this he was Studying, gore at -heart, when Kenyon en-

tered. "Yoa ha vent rrfotita lad. aad

\v./

wink for two it." said the

or cnxtousJy, as be studied the worn so of his friend. "I'm going to call rsoll in to prescribe for yoa." And espite Hearn's protest the orderly was sent for the post surgeon.

Meantime, with many emphatic nods and "huiuphs!" Kenyon read the long, long letter which, without a word, Hearn had placcd in his hand, finishing it at last, going over several pages, and finally sighing deeply as he folded it: "It is just what I feared, my boy it is just what I feared. Still I'm glad he didn't look upon it as your mother thought he would. Wonder what she thought of my letter— Hello, here's Ingersoll now." "I was at the hospital with Brent," said tho medical man in some haste, "and had to go to Lano's first." "No one ill at Lano's, I hope?' spoke Kenyon as Hearn's face was suddenly uplifted. "I've just come from there." "Oh, no but Miss Marshall and Mrs. Lane have been going to see Brent every afternoon, and this evening he asked ma to take a message over there. He wanted to see them to-night, but I had to say no he's too feverish. They were much concerned to hear I had been allied in to see you, Hearn, and I promised to come back at once and let them know how you were."

A brief examination showed the skilled practitioner the extent of Hearn's malady, and he insisted on his coming out. He would have added "over to Lane's piazza," but members of the court were calling there, and it would hardly be the proper thing. Returning thither, however, he found the gentlemen goue and Col. Lawler just seating himself for asocial call. "Nothing serious," he murmured to the ladies, as he took a chair, and in low tone began chatting with the Whartons. It was Lawler's voice that broke tho stillness, and Lawler, full of his profession, could talk nothing but "shop." "I could not but observe your presence in tho court room, ladies, even among the host of curious spectators. And how does a military court impress you, Miss Marshall, now that you have seen it?' "lean tell you better when I have seen it all, colonel. Thus far we've had nothing but the prosecution. It will seem less one sided after the defense." "Ah, that, I fear, will hardly amount to anything. The young man lias been very ill advised—very. Possibly you heard that I had offered him my services —that is, any in my power to render— and that? ho had refused?"

Miss Marshall simply looked at the colonel a moment, making no. reply. Finally: "May I ask what services you could render him? I thought the prosocution was your specialty." "Oil, it is, certainly that is my bounden duty. Still, if I knew what evidence ho had to offer—what witnesses he meant to call—any experienced lawyer could tell him 110w best to conduct the case."

Mis3 Marshall fairly laughed: "That strikes me as one of the most unique ideas I ever heard, colonel. If you belonged, we will say, to tho combatant force of the army and had a position'. to .^.lefejad, woujiLyou detail your plan of defense to the adversary?" "My dear young*lady, you totally misapprehend tho peculiar mechanism of our syste/11. After having finished the government's side then I am free to assist tho accused." "And the accused, as I understand it, is free to 'play it alone,' as we do in euchre. Now, do you know. I think I would prefer that course to having an advocate who was more than half an opposer?" "Well, certainly, Miss Marshall, you cannot congratulate the accused on his conduct of the case thus far. Ho would havo stood better with the court at. this minute if ho had taken my advice, as lie wouldn't. Thou I had only 0110 course to pursue." "Doesn't that loolc just a wee bit as though he were being prosecuted for declining eminent legal assistance rather than for alleged misconduct?"

Lawler flushed and again glanced sharply from under his sandy brows and out of the corners of his twinkling eyes. "You have a sharp tongue, young lady," he said, "but I presume your wit is inado to match it. It is a pity they could not bo brought into requisition in defense of your friend before the court itself. You cannot influence me." And he laughed loudly, and glanced around. as though in triumph. 'Faith, Lawler, it's just as lucky for you that Miss Marshall isn't counsel for the accused. You'll get knocked endwise when it comes to the defense, nnyhow," said the doctor. "You think so, do you? Well, well, we'll see we'll see."

The gate had opened, and an orderly entered.

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"A telegram for the commanding officer," he said. Kenyon took the brown envelope, tore it open, and stepped into tho hall doorway, where the light would fall upon the page. A gleam of sudden satisfaction shot across his face, and he turned eagerly .toward Miss Marshall, whose dark eyes had followed him. "Come," he signaled, and she rose and went to him. "Read this," he said in low tones as he thrust the paper into her hand and sauntered back to his chair. "I can trust you to keep a secret."

Lawler gazed after her with unmistakable curiosity, studying her face as she read, then turned and looked at Kenyon, who was ostentatiously humming the air Miss Wharton had just begun playing on the piano. What did it mean? Was his entertainer in league with the girl who so dared him? Mrs. Lane strove to cover her friend's somewhat abrupt quitting of the group by a timely word or two, but her question failed to catch the lawyer's ears. In a minute Georgia was back, had dropped the dispatch over Kenyon's burly shoulder with the brief whispered word, "Splendid," and then almost laughingly turned on the judge advocate. "And now tell me, colonel, isn't there' such a thing as impeaching the credibility of witnesses?" "Oh, I suppose so iu certain cases but what has th:'.t to do with mine?" "Yours? Well, ono would hardly think vour witnesses assailable, of course but even truthful men, you know, are sometimes mistaken." "Books and figures don't lie, Miss Marshall. You forgot the books." "Oli, true! I forgot the books. And fclv. Schonberg was bookkeeper, too."

[2'? be Continutd.}

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The Beet Spring Medicine "t take Hood's Sarsaparilla for a spring medicine, and I find it just the thing. It tones up my system and makes me feel like a different man. My wife takes it for dyspepsia, and she derives great benefit from It. She says it is the bAt medicine she ever look." V. C. TtrKjrKB, Hook & Ladder No. i, Boston, Mass. "Last spring I was troubled with bolls, caused by my blood being out of order. Two bottles of Hood's Sarsaparilla cured me. I can recommend it to all troubled with affections of the blood." I. Bcaoen, Peoria, III.

by C. I. HOOD CO., Aj»oUmmtUm,U/well, ICM*.

lOO Doses One Dollar I IOO Doses One Dollar

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