, he had not spoken before, in
support of Lieutenant Lovel's views in favor of his friend, I do not
know to this day, though I mean to ask him the first time I have the
opportunity. Perhaps he wished to "draw the enemy's fire," perhaps he
was inclined to dramatic effects; but whatever might have been the
motive, he continued silent, offering no obstacle to the immediate
taking of the vote.

The Judge Advocate then called the court to order for the taking of the
ballot, and proceeded to question the members in turn, commencing with
the youngest.

"How say you, Lieutenant Lovel, is the prisoner on trial guilty or not
guilty of the offence laid to his charge?"

"Guilty," responded the young officer, as his eyes filled with tears of
pity for the other young life against which he had felt obliged to
record this vote.

"If that is the opinion of one who seems friendly to him, what will be
the votes of the other stern judges?" said Herbert Greyson to himself,
in dismay.

"What say you, Lieutenant Adams--is the prisoner guilty or not guilty?"
said the Judge Advocate, proceeding with the ballot.

"Guilty!"

"Lieutenant Cragin?"

"Guilty!"

"Lieutenant Evans?"

"Guilty!"

"Lieutenant Goffe?"

"Guilty!"

"Lieutenant Hesse?"

"Guilty!"

"Captain Kingsley?"

"Guilty!"

"Captain McConkey?"

"Guilty!"

"Captain Lucas?"

"Guilty!"

"Captain O'Donnelly?"

"Guilty!"

"Captain Rozencrantz?"

"Guilty!"

"Major Greyson?"

"NOT GUILTY!"

Every officer sprang to his feet and gazed in astonishment,
consternation and indignant inquiry upon the renderer of this
unprecedented vote.

The President was the first to speak, breaking out with:

"Sir! Major Greyson! your vote, sir, in direct defiance of the fact and
the law upon it, is unprecedented, sir, in the whole history of
court-martial!"

"I record it as uttered, nevertheless," replied Herbert.

"And your oath, sir! What becomes of your oath as a judge, of this
court?"

"I regard my oath in my vote!"

"What, sir?" inquired Captain McConkey, "do you mean to say that you
have rendered that vote in accordance with the facts elicited in
evidence, as by your oath you were bound to do?"

"Yes."

"How, sir, do you mean to say that the prisoner did not sleep upon his
post?"

"Certainly I do not; on the contrary, I grant that he did sleep upon
his post, and yet I maintain that in doing so he was not guilty!"

"Major Greyson plays with us," said