CHAPTER V.
_The Court-martial and the Hostage._
THE division which had been encamped on Grand Prairie reachedSpringfield in safety, and formed their temporary camp in the field,back of the brick school-house, which stands about a quarter of a mileto the west of the new court-house.
The first order issued to the officers of the battalion of BentonCadets, the Thirty-fifth and Thirty-seventh Illinois, was to assemble ata given time, to act upon a court-martial, at the quarters of Major D—,Judge-Advocate, to try the case of Lieutenant Edward Wells, charged withwillful murder of Harry Hayward, a captain in the service of the UnitedStates of America, and attached to the army of the Mississippi, nowunder command of Major-General Hunter.
It was a sad day! Lieutenant Wells was a favorite with both officers andmen of his command. He always had been mild as a female, kind andbenevolent—sacrificing his own comfort for the good of the privates inhis battalion. True, some said that Wells would not fight bravely—thathe ought to have been created a _woman_; but everybody gave him creditfor being the kindest of the kind. When first accused, there arose avery bitter feeling against him. Captain Hayward also was a greatfavorite with the men. He was a stern but kind soldier. When the news ofhis brutal murder came to the knowledge of his “boys,” their first crywas “revenge,” and they naturally sought some one on whom to wreak theirvengeance. At first Lieutenant Wells narrowly escaped a summary fate,more especially as it was whispered about camp that Wells had become asuitor for the hand of the fair Mamie Hayward, had been _rejected_ byher, and spurned by the captain. But in a short time it was given outthat Mamie had confessed her affection for Wells, and that CaptainHayward had remarked in the presence of others, that he deemed Wells anhonorable man, and would gladly favor his suit. This turned the tide offeeling in favor of the lieutenant, and when the court-martial wasconvened, nothing but a consciousness of a soldier’s duty prevented anopen revolt, or at least a most decided and forcible expression offeeling. But, trusting to the judgment of the officers forming thecourt, the soldiers decided to await the result.
Have our readers ever witnessed a trial by court-martial? It is not likethe ordinary court of justice. First, the charge is read, as thus:
“Lieutenant Edward Wells, of Company H, Battalion of B—— C——, is chargedwith the willful murder of Harry Hayward, a captain in the U. S. army.
“2d.—Specification.—1st. In this, that said Lieutenant Edward Wells,did, on the night of the seventh day of November, 1861, assassinate andmurder said,” etc.
Following this, in any case of the kind, would be found a list of“specifications,” setting forth in detail, all the chief eventsconnected with the crime.
The prisoner was brought to the tent of Major D—— to answer to thecharge. He was very pale, yet perfectly composed; and when the questionwas asked, the ready and firm response was:
“NOT GUILTY!”
The Judge-Advocate, a noble-hearted but just man, informed the prisonerthat he was to act, not only as “prosecuting counsel,” but as “counsel”for the prisoner, and that he (the Judge-Advocate) must give theprisoner the benefit of any doubt that might arise in his favor.
To those of our readers not familiar with the _modus operandi_ of acourt-martial, we would give the following information for theirbenefit:
The doors of the court are closed to all outsiders. The prisoner makeshis plea, and retires. The witnesses are brought forward and examined,but no cross-examination is allowed. If a question is to be asked by anyof the officers sitting upon the court, it must be reduced to writing,and silently handed to the Judge-Advocate. If he sees fit to put thequestion, it is done; if not, it is thrown aside.
We will now proceed to a brief summary of the trial.
“Lieutenant Edward Wells, you are charged with the willful murder ofHarry Hayward, a captain in the United States service. What is yourplea. Guilty, or _not_ guilty!”
“Not guilty!” was the decided response.
“Let the first witness be called, George Swasey, colored.”
The person familiarly known as “Swasey’s nigger” took the stand. Whenbrought forward, he glanced around as if fearful of something, and thenasked:
“Is Massa William Nettletum where he can hear dis chile tell de truff?”
“You have nothing to fear from _any_ person, if you _do_ speak thetruth, and _all_ the truth,” replied Major D.
“Well den, de fact am dis. I went to see my gal. When I cum back, I metde rebs. I hid behind a log. I see’d some one stick a knife in massacap’n, and I heard him say:
“‘Oh! Nettletum, you kill me!’”
All questions were answered in the same spirit, and it became evidentthat the negro believed Nettleton the real murderer.
The next witness brought upon the stand was Alibamo Hinton. She sworethat Nettleton’s tent was next to the one she occupied—that he was inattendance upon her and Miss Hayward, by permission of Captain Hayward,and that Nettleton had _not_ been out of her presence that night. In thefirst part of the evening, Nettleton had remained near her door; in thelatter part, he had missed his captain, and had prostrated himself on arug near the tent entrance. She had seen him there _all night_, as shehad not slept at all.
Miss Hayward was too much overcome to appear as a witness, and wasexcused.
The next witness was Captain Hugh Walker.
The feeling of the soldiers, to learn the result of the trial, wasintense, and by the time Captain Walker was called to the stand, sometwenty or thirty had crept to the edge of the tent, and endeavored toconceal themselves in the tall grass outside, to catch the proceedings.But they were discovered by Walker, who demanded that they should beremoved. This was done, and a guard placed outside.
Captain Walker’s oath was as follows:
“On the night of the seventh of November, I followed Captain Haywardfrom his tent. It was at the time gradually becoming dark. My motive indoing so I will explain. As soon as it began to be rumored that we wereto meet Price, I observed a change in the conduct of Captain Hayward. Hehad ever been the center of attraction. His tent was the ‘head-quarters’of ‘our circle,’ drawn thither by the natural gayety of the captain, andthe presence there of ladies. But this feeling appeared to forsake him,and on more than one occasion he denounced the war as inhuman. Pardonme; I would not speak against the dead, but I doubted the loyalty of theman, and _not_ his courage, and this it was which induced me to followhim.
“I halted beneath a large tree, which stood near the spot where themurder evidently was committed. I saw the captain seat himself upon thebank. At this time it was quite dark, but I saw a shadow approaching. Itpassed near me, but I failed to discover who it was. I first thought itmight be William Nettleton following his master. I listened attentively,however, as the extreme caution of the intruder attracted my attention.In an instant I heard a groan, a heavy fall, and a voice exclaim: ‘Oh,William, where are you? Nettleton, I am murdered. WELLS _is theassassin_!’”
A shudder ran through the court. Major D—— dropped his head upon hishand and was silent. The officers whispered together. At last, a writtenquestion was handed to the Judge-Advocate, which was promptly asked:
“Captain Walker, why did you not give the alarm, or arrest the murdereryourself?”
“Sir,” was the prompt reply, “the sequel will show. It was dark; I couldnot distinguish the features of any person two yards distant. I fearedhe might escape if he should discover me. I therefore followed themurderer cautiously, and he entered the tent of Lieutenant Wells. He didnot strike a light, but I listened, and heard him washing himself. Ikept close watch upon him until morning, to make sure I was not accusingan innocent man. No one entered or left the tent. The one who washed hishands, and left the bloody water, was Lieutenant Edward Wells.”
This evidence was conclusive. But no reason could be assigned for themurder, unless it was that Miss Hayward had been heard to say that shenever shou
ld marry and leave her brother so long as he lived, and it hadnow become well known that Wells was a suitor for her hand. Still, hewas a favorite with the captain, and even on the day of his deathHayward had been heard to say that he believed Wells a man of honor,whose suit he would favor. The only conclusion which could be arrived atwas, that Wells believed the love of a sister was too strong to giveimmediate place to the love of a wife, and he felt that, the brotheronce removed, he alone would become the object of Miss Hayward’saffection. This, though but a flimsy pretext for so awful a crime, wasall that any one could offer in the way of a surmise.
The trial was over. But one decision could be given. It soon was rumoredabout camp that sentence had been passed, and that at four o’clock thenext day it would be read to the prisoner, in presence of the wholedivision.
The night was wearing on. A form, closely enveloped, approached the tentof the commanding General. It proved to be the lady Alibamo.
“What is the will of our ‘daughter of the army?’” asked the General,kindly.
“It is that I may visit Lieutenant Wells, and bring him to my tent. Idesire that an interview should take place between Miss Hayward and thedoomed man.”
The General seated himself at his table, and penned a few words, whichhe handed to Mrs. Hinton. She glanced at the contents, and then fallingat the feet of that officer, she seized his hand, and kissing it,sobbingly exclaimed:
“What! _without_ his chains? God bless you! God bless—”
“There, there! Go! go! Don’t make _me_ weep, or I won’t forgive you,”returned the veteran warrior, as he turned away.
Alibamo left his tent, and in a few minutes entered her own, in companywith Lieutenant Wells, now free from all apparent restraint.
When Wells entered the tent, Miss Hayward was kneeling by the side ofher camp cot, her face buried in the folds of its coverings. For severalmoments not a word was spoken, and, as Wells gazed upon the strickensister, he trembled violently, while a groan of intense anguish escapedhim.
Alibamo advanced, and gently touching her companion, said:
“Mamie, my darling, here is _our friend_, Lieutenant Wells.”
Miss Hayward did not raise her head, but reached forth her hand towardWells, which, quickly kneeling by her side, he took, and pressed to hislips.
“Oh, heaven bless you!” he moaned. “_You_ do not believe me capable ofthe dreadful crime with which I am charged?”
Miss Hayward tried to speak, but convulsive sobs choked her utterance.
“No, my ever kind and dear friend,” replied Alibamo, “she does _not_believe you guilty. Nor am I satisfied that Captain Hayward has beenkilled. I am under the impression that he was wounded and taken prisonerby some rebels, who were lurking near our camp.”
“You _hope_ for the best, and so do I; but have you any grounds for theformation of such an opinion?” asked Wells.
“Yes, and to me the best of evidence. William Nettleton went in searchof the captain. If he was killed, William would have found his bodybefore this, and returned to us with the intelligence. His continuedabsence convinces me that the captain is still alive, and that hisfaithful friend Nettleton is at this moment following him. It is thishope which gives me fresh courage, and I believe a few days will see youfree, and your name as untarnished as it should be. I wished to tell youthis, and I also wished Miss Hayward to express to you personally, herconfidence in your innocence; hence, I brought you here. You may leaveus now, as my poor friend is too much agitated to converse.”
Wells was about to depart in silence, but Miss Hayward for the firsttime raised her face, and her tearful eyes met his own. He sprungforward, and kneeling before her, pressed his lips to her whiteforehead, and said:
“That look is worth to me years of happiness. But, you can read my heart_now_. When I am _proved_ innocent, then I will speak the words whichmust not, till then, pass my lips. God bless you!”
He arose to depart, but was met by Captain Walker, who had just enteredthe tent.
Walker cast a rapid glance around him, and placing his finger upon hislips, enjoined silence upon all. Wells stood, with arms folded, sternlyand suspiciously gazing upon him, while Alibamo asked:
“What are your wishes, sir?”
“To serve you and your friend,” was the reply, spoken in a low voice,and with apparent hesitation.
“It must be an important service which could render pardonable the fact,sir, of you having, unannounced, and so rudely, intruded upon ourprivacy,” said Mrs. Hinton.
“It _is_ an important service. No less than the rescue of——will you beseated?”
The parties seated themselves in silence, when Walker continued:
“You must pardon me if I speak plainly, and directly to the point. It isnecessary that I should be brief.”
“Proceed, sir.”
“Miss Hayward,” continued Walker, turning toward the lady, “I must givea few words of explanation to you. I _did_ love—_do_ love you now. Youneed not shrink from me. You will, upon hearing my words, understand mebetter. No man loves without hope, until there arises between him andthe one beloved some impassable barrier. The barrier which arose toblast _my_ hopes was, your previous love, and the unfortunatecircumstance which has made me an unwilling witness against one to whom,as I think, your heart still clings.”
“You will please be brief in comment, and come as quickly as possible tothe point in question,” replied Mrs. Hinton, as she observed theagitation of Miss Hayward.
“I come to the point now. I know Miss Hayward is very unhappy, and Iwould not add to it. I would save her lover.”
“To whom do you refer?” asked Wells, coldly.
“To you, sir,” was the prompt reply.
“I can not claim the title you honor me with, in connection with thatlady. Besides, she might not thank _you_ for such a service.”
“Oh, yes! yes!” eagerly replied Miss Hayward, as she gazed upon thespeaker.
“Stay one moment, Miss Hayward,” answered Wells. “Let us first learn inwhat manner my deliverance can be effected. Captain Walker, you canproceed.”
“You speak very coldly, Lieutenant Wells, to one who comes to offer youservice. But, before I proceed, I must exact a promise, that if myproposition is not accepted, those to whom my words are addressed willmake no exposure of the same.”
There was a nod of assent, and Walker proceeded:
“I will not deny the fact that solicitude for Miss Hayward impels theact. But of this no more. Lieutenant Wells, you are unbound andunwatched. Place your sash across your breast, as worn by the officer ofthe day. I will give you the counter-sign, and thus you will be enabledto pass the pickets, and make good your escape. You can secure a saferetreat, and, after the excitement of the mur—of this unfortunateaffair—has died away, Miss Hayward can be apprised of your place ofconcealment, and take such action in the case as her judgment or heartmay dictate.”
A deathlike silence reigned for a moment, during which rapid glanceswere exchanged between the friends. At length Wells asked:
“Captain Walker, would not an escape imply, upon my part, anacknowledgment of the crime of which I am accused?”
“It might, in the estimation of many. But, you are generally believedguilty. What matters it what your actions imply to _them_? Your friendshere, who have already made up their minds, will merely look upon it asa desire upon your part to escape a certain, an unmerited, and adishonorable death.”
“And you will assist my flight?”
“I will.”
“And will you afterward convey Miss Hayward to me if she will come?”
“With pleasure; you but anticipate my intended services.”
Another rapid and significant glance passed between Mrs. Hinton andWells, which was not observed by Walker.
“One thing more, Walker: do _you_ believe me guilty of murder?”
“H’m—I _did_.”
“And _now_?”
“I _may_ have been mistaken. But, be that as i
t may, I will assist yourflight.”
“Are you ready?” asked Wells, rising.
“I wish you to return to your cell, and when all is ready, say _two orthree o’clock_, I will come for you.”
“But I will not go!” was the firm reply.
Walker perceived his mistake, and quickly added:
“As you please, sir.” And turning, he was about to leave the tent, whenhe was confronted by the “officer of the day.”
“Captain Walker,” he said, sternly, “you feel an especial interest inLieutenant Wells. I did not suppose so, but learned the fact from yourconversation. I am glad you _do_ feel so great a friendship for him. Youshall have opportunity to make it manifest. You shall become hisPythias!”
“What do you mean, sir?”
“This: that the sentence of Lieutenant Wells will be read to-morrowafternoon at four o’clock. In the mean time, you, as his dear friend, donot wish to see him confined, and will most cheerfully take his place inthe prison, and wear his chains. If the lieutenant is _present_to-morrow at four, you, as his hostage, will be released. If he shouldescape, as you have advised, of course you will be held as an aider andabettor in that escape; and when you receive that punishment your guiltdeserves, you will have the consolation of knowing that you suffer forthe benefit of your very dear friend! Soldiers,” commanded the officer,“place the irons upon Captain Walker, and convey him to the guard-roomin the old log-building.”
“Are you mad? You _dare_ not do it!” yelled Walker, as he foamed withrage. But the soldiers promptly obeyed the command, and Walker was takenfrom the tent.
“This indignity shall be avenged!” but he was carried quickly forward,and the guard-room door soon closed upon him.
“You will be at liberty, upon your parole of honor, until to-morrow atfour o’clock, Lieutenant Wells.”
The officers shook hands and separated.