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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