sday he was sent with another party to protect a band of emigrants
crossing the marshes. At night he was sent with still another party to
reconnoiter Molina-del-Rey.

"Thursday he was sent in attendance upon the officer that carried
despatches to General Quitman, and did not return until after midnight,
when, thoroughly worn out, driven indeed to the extreme degree of
mortal endurance, he was again on a sultry, oppressive night, in a
still, solitary place, set on guard where a few hours later he was
found asleep upon his post--by whom? The Colonel of his regiment and
the Captain of his company, who seemed bent upon his ruin--as I hold
myself bound to establish before another court-martial.

"This result had been intended from the first! If five nights' loss of
sleep would not have effected this, fifteen probably would; if fifteen
would not, thirty would; or if thirty wouldn't sixty would!--and all
this Captain Zuten had the power to enforce until his doomed victim
should fall into the hands of the provost-marshal, and into the arms of
death!

"And now, gentlemen, in view of all these circumstances, I ask you--was
Traverse Rocke guilty of wilful neglect of duty in dropping asleep on
his post? And I move for a reconsideration, and a new ballot!"

"Such a thing is without precedent, sir! These mitigating circumstances
may be brought to bear on the Commander-in-Chief, and may be embodied
in a recommendation to mercy! They should have no weight in the finding
of the verdict," said the President, "which should be in accordance
with the fact and the law."

"And with justice and humanity! to find a verdict against this young
man would be to place an unmerited brand upon his spotless name, that
no after clemency of the Executive could wipe out! Gentlemen, will you
do this! No! I am sure that you will not! And again I move for a new
ballot!"

"I second the motion!" said Lieutenant Lovel, rising quite encouraged
to believe in his own first instincts, which had been so favorable.

"Gentlemen," said the President sternly, "this thing is without
precedent! In all the annals of courts-martial, without precedent!"

"Then, if there is no such precedent, it is quite time that such a one
were established, so that the iron car of literal law should not always
roll over and crush justice! Gentlemen, shall we have a new ballot?"

"Yes! yes! yes!" were the answers.

"It is irregular! It is illegal! It is unprecedented! A new ballot