n.
The defence being closed, the Judge Advocate arose, as was his
privilege, to have the last word. He stated that if the prisoner had
been oppressed or aggrieved by his superior officer, his remedy lay in
the 35th of the Articles of War, providing that any soldier who shall
feel himself wronged by his captain shall complain thereof to the
Colonel of his Regiment.
To this the prisoner begged to reply that he had considered the Colonel
of his Regiment his personal enemy, and as such could have little hope
of the issue, even if he had had opportunity afforded him, of appealing
to that authority.
The Judge Advocate expressed his belief that this complaint was
vexatious and groundless.
And here the evidence was closed, the prosecutor, prisoner and
witnesses dismissed, and the court adjourned to meet again to
deliberate with closed doors.
It was a period of awful suspense with Traverse Rocke. The prospect
seemed dark for him.
The fact of the offense and the law affixing the penalty of death to
that offence was established, and as the Judge Advocate truly said,
nothing remained but for the court to find their verdict in accordance
to both.
Extenuating circumstances there were certainly; but extenuating
circumstances were seldom admitted in courts-martial, the law and
practice of which were severe to the extent of cruelty.
Another circumstance against him was the fact that it did not require
an unanimous vote to render a legal verdict, but that if a majority of
two-thirds should vote for conviction, the fate of the prisoner would
be sealed. Traverse had but one friend in the court, and what could his
single voice do against so many? Apparently nothing: yet, as the
prisoner on leaving the court-room, raised his eyes to that friend,
Herbert Greyson returned the look with a glance of more than
encouragement--of triumph.
CHAPTER XXIII.
THE VERDICT.
We must not make a scare-crow of the law,
Setting it up to frighten birds of prey;
And let it keep one shape till custom makes it,
Their perch and not their terror.
--Shakespeare.
The members of a court-martial sit in the double capacity of jurors and
judges; as jurors they find the facts, and as judges they award the
punishment. Yet their session with closed doors was without the solemn
formality that the uninitiated might have supposed to attend a grave
deliberation upon a matter of guilt or innocence i
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