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nment." "The accused has been proven not guilty of the charge of wilful murder," said Andrews, slowly. "But, Mr. Senator, she has _not_ been cleared of the first charge. We must first hear Private Belden's testimony." The judge advocate rose. "I have here," he announced, taking up an envelope, "a telegram which was handed to me as I entered the room just now. I have not had a moment in which to read it." As he spoke he tore open the envelope. Quickly he scanned the lines, then read them aloud: "Cavalry Headquarters, April 12, 1865. Captain George Foster, --th Infantry, War Department, Washington. "I have to report that Private Belden was killed during the battle of Sailors' Creek, April 6th, 1865. "H. K. YOUNG, _Chief of Scouts_". CHAPTER XXVII WITH MALICE TOWARD NONE The judge advocate handed the telegram to the presiding officer as Warren stepped forward. "I respectfully submit to the court," he said, quietly, "that the first charge against my client is quashed. You have ruled not to admit hearsay evidence. Symonds' testimony in regard to the securing of that despatch from Major Pegram is hearsay. Furthermore, he declares on direct examination that my client's handwriting is not the same as that of the despatch. My client has already been vindicated of the second charge; the first is non-proven. Again I demand my client's honorable acquittal at your hands." The judge advocate rose to sum up his case, but his argument was interrupted by the entrance of an orderly who handed him a note which he read in haste; and he changed the words almost on his lips. "May it please the court," he said. "I have received word that new and most important testimony has been discovered relating to the first charge against the accused----" "You are too late, Mr. Judge Advocate," exclaimed Warren, hotly. "I have already presented my argument to the court. The case is closed!" "Not so." The judge advocate picked up a book from the table and read aloud: "'The court may, in the interest of truth and justice, call or recall witnesses, or permit their recall at any stage of the proceedings; it may permit material testimony to be introduced by either party quite out of its regular order and place, or permit a case once closed by either or both sides to be reopened for the introduction of testimony previously omitted, if convinced that
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