order for holding the
court, and called the names of the members. He then said:
"Gentlemen, the first case I shall present to your notice is one of
exceeding gravity, affecting a member of my own regiment. As it is the
most important case that you shall have to consider, I thought it best
that it should be disposed of first. Sergeant, bring in Corp'l William
L. Elliott, Co. Q, 200th Ind. Volunteer Infantry."
Shorty entered the court with an air of extreme depression in face and
manner, instead of the usual confident self-assertion which seemed
to flow from every look and motion. He stood with eyes fixed upon the
ground.
"Prisoner," said Lieut. Bowersox, "this court has met to try you. Look
around upon the members, and see if there is any one to whom you have
objection. If so, state it."
Shorty glanced listlessly from the head of the table toward the foot.
There his eye rested on the Second Lieutenant for a minute, and then
he muttered to himself, "No, he's no worse than the rest ought to be
on me," and shook his head in answer to the Judge-Advocate's formal
question.
"You will each of you rise, hold up your right hand and be sworn," said
the Judge-Advocate, and they each pronounced after him the prolix and
ponderous oath prescribed by the regulations:
"You, Maj. Benjamin Truax, do swear that you will well and truly try and
determine, according to evidence, the matter now before you, between the
United States of America and the prisoner to be tried, and that you
will duly administer justice, according to the provisions of an act
establishing rules and articles for the government of the armies of the
United States, without partiality, favor or affection; and if any
doubt shall arise, not explained by said articles, according to your
understanding and the custom of war in such cases. And you do further
swear, that you will not divulge the sentence of the court, until it
shall be published by proper authority; neither will you disclose
or discover the vote or opinion of any particular member of the
court-martial, unless required to give evidence thereof, as a witness,
by a court of justice in due course of law. So help you God."
The President then took the book and administered the same oath to the
Judge-Advocate.
"I shall now read the charges and specifications," said the
Judge-Advocate, "which are as follows, and he read with sonorous
impressiveness:
CHARGE:--Insulting, Threatening, and Striking Supe
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