CHAPTER I--RETROSPECTIVE
THE COURT-MARTIAL
One incident came under my observation while in Virginia that made a deep impression on my mind. One morning, about daybreak, the new guard was relieving the old guard. It was a bitter cold morning, and on coming to our extreme outpost, I saw a soldier--he was but a mere boy--either dead or asleep at his post. The sergeant commanding the relief went up to him and shook him. He immediately woke up and seemed very much frightened. He was fast asleep at his post. The sergeant had him arrested and carried to the guard-house.
Two days afterwards I received notice to appear before a court-martial at nine. I was summoned to appear as a witness against him for being asleep at his post in the enemy's country. An example had to be made of some one. He had to be tried for his life. The court-martial was made up of seven or eight officers of a different regiment. The witnesses all testified against him, charges and specifications were read, and by the rules of war he had to be shot to death by musketry. The Advocate General for the prosecution made the opening speech. He read the law in a plain, straightforward manner, and said that for a soldier to go to sleep at his post of duty, while so much depended upon him, was the most culpable of all crimes, and the most inexcusable. I trembled in my boots, for on several occasions I knew I had taken a short nap, even on the very outpost. The Advocate-General went on further to say, that the picket was the sentinel that held the lives of his countrymen and the liberty of his country in his hands, and it mattered not what may have been his record in the past. At one moment he had forfeited his life to his country. For discipline's sake, if for nothing else, you gentlemen that make up this court-martial find the prisoner guilty. It is necessary for you to be firm, gentlemen, for upon your decision depends the safety of our country. When he had finished, thinks I to myself, "Gone up the spout, sure; we will have a first-class funeral here before night."
Well, as to the lawyer who defended him, I cannot now remember his speeches; but he represented a fair-haired boy leaving his home and family, telling his father and aged mother and darling little sister farewell, and spoke of his proud step, though a mere boy, going to defend his country and his loved ones; but at one weak moment, when nature, tasked and taxed beyond the bounds of human endurance, could stand no longer, and upon the still and silent picket post, when the whole army was hushed in slumber, what wonder is it that he, too, may have fallen asleep while at his post of duty.
Some of you gentlemen of this court-martial may have sons, may have brothers; yes, even fathers, in the army. Where are they tonight? You love your children, or your brother or father. This mere youth has a father and mother and sister away back in Tennessee. They are willing to give him to his country. But oh! gentlemen, let the word go back to Tennessee that he died upon the battlefield, and not by the hands of his own comrades for being asleep at his post of duty. I cannot now remember the speeches, but one thing I do know, that he was acquitted, and I was glad of it.
