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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 13, 1901)
uv. iis -hbh m.'i :aw ami 'y Bynopala ctf Preomiiiir Chnptcra. (Copyright. 1001, by O. W. DIlllnRhnm Co.) Norman Holt, favorite son of an old Ken tucky fiimlly, Ih reprimanded nt West I'olnt for duelling nnd Is withdrawn by his hltfh spirited father. Ills liomn-comlntr In tho winter of lsw Is celebrated by an old-fnsh-loned Kentucky Chrlstmns K'tthnrlnK. Amontf tho quests nro Daisy I.nno, daugh ter ot Dr. Holt's lawyer, and J. liiirnett Malloy, both of Cincinnati. Tho latter brings letters of Introduction from Initio's partner, Mr. .Mclntyre, nhd Is cotirtooiisly received, but arouses tho Jca!oufly of Nor man Holt by his attentions to Daisy I.uno. Malloy separated Miss I.uno from tho main party during u fox hunt nnd nt tho Christ mas ball tho samo ovcnlng affects an air of proprietorship distasteful to Daisy nnd cbnoxlous to hla rival, Norman Holt. Hut all lll-fccllmt Is forgotten when at midnight nil nurrounded Dr. Holt to drink tho Christ mas punch, which ceremony Is Interrupted by (i midnight messenger, who announces tho dangerous Illness of Judgo Mclntyre, Investigation rovoti'.s his ilnanclal affairs In a hopeless tanglo and tho Holt forluuo post, and gono down under tho bank, nnd was found lying on tho grass asleep and unconscious, Tho olllccr of tho guard, Lieutenant .Malloy, declared that, going to the brldgo with a small patrol, ho had halted bis party In tho shadow of tho trees, while he crept forward to rcconnolter. Ho was surprised oud troubled to find no sentry nt tho bridge. Thero was his rltlo, but tho man was goue. In a low tono ho called, but thero was no reply. Alarmed ho brought up his party and bado them search. Private Darcy found tho accused several yards away trout whero tho rlflo rested against tho rati, lying under tho bank, or perhapa tho Blopo of tho bank, and sound asleep. Lieutenant Scarcllffo, Sergeant Bbannon, Privates Ilren nan, Colt and Kelly, all ot whom were good friends of tho accused, wcro witnesses to tho fact, although it could bo said that whan they reached tho spot Holt was sitting up nnd looking about him In a dazed, be wildered way, and Lieutenant Malloy opined that Darcy had endeavored to rouso him and save him from deserved punishment, but as It happened tho lloutonant was close nt Darcy's heels, nnd snw Holt's recumbent form beforo Darcy had tlmo by pinching or shoving to warn hlra of tho officer's pres ence. Then, such wns Malloy's Bcnso of duty, that ho felt compelled to malto nn cxamplo ot n soldier who could bo eo reckless of a sacred chargo and responsibility. Darcy, to tho colonel, would admit neither plnclt nor shove, though ho "axed him was ho sick." Private Ilren nan begged tho colonel to remember that Holt was doing doublo duty, having taken his, Drennnn's, turn beforo entering upon his own, nnd Ilrcnuan was overwhelmed with misery at thought ot what tho generous son until thero camo a day that brought Hob Enyart, captain and assistant In spector general, back from tho front, where, ns luck would havo It, ho had met poor, bewildered old Gaffnoy, heard his story, then that of tho colonel, whom ho knew by reputation only, nnd tho 11 rat thing he did on reaching NnBhvilto wns to ask whero Holt was to bo found and then to go nnd find him. Eleven strong sat tho court on tho mo mentous morning when tho caso ot Norman Holt was called, tho nrray having been ro dttced from thirteen ns tho result of the heat nnd a resort on tho part of ono ot their membership to unhallowed stimulant, authorized to proceed with the business be foro them, oven though reduced below tho original thirteen. Eleven red-fneed, red sashed, bluo-contcd men, nnd ono pallid, nerve-rncked captain In a llnnuol sack, tho Judgo advocate of tho court, assembled for duty, and tho latter looked dubiously on tho prisoner ns ho quietly took his seat and n cnlm, sad survey of his Judges. In tho exerclso ot his prerogative ns legal adviser of tho accused, as well as his prosecutor, and with Inudablo Intent to expedite tho ac tion of tho court, Captain Punly had talked seriously for an hour with the young Ken tucklan, had urged him to plead guilty, rnako n statement setting forth tho ex hausting nnturo ot tho duties ho had been called upon to perform for several days prior to his offense; to call on his captain, or anybody else ha could think of, for testi mony ns to character, and then throw him self on tho mercy ot tho court. "It's tho best you can do," said ho. "Tho ovldcnco of the odlccru ot tho guard, ot Sergeant Shnnnon nnd others la bound to convict you, and, a porarlly, at least, of newspapers, a slow finding of their feet on tho part of eleven ovrclnd, superheated men, nn uplifting of bnrcd right hands, and then In tho samo dreary monotone tho Judgo advocate reeled off tho words of tho samo old oath binding "you and each of you to well nnd truly try nnd determine tho matter now before you botw.'on tho United States of America nnd tho prisoner to be tried nnd to duly ad minister Justlco according to tho provisions of an net establishing rules and articles for tho government of the armies ot the United States without partiality, favor or affection, aud If any doubt should arise not explained by said articles, then according to your conscience, the best of your understanding nnd tho custom of wn- In like enses. And you do further swear that you will not dls closo tho sentence of tho court until It shall havo been published by tho proper au thority, neither will you dlscloso or dis cover tho vote or opinion of any particular member of tho court-martial unless re quired to give evldcnco thereof ns a wit ness beforo a court of Justlco In duo course of law, so help you Hod" and passed the book up tho tablo to tho president, who In turn cleared his throat and sworo the Judge advocato to equal secrecy. Whereupon tho court flopped back to Its seats and Bolzcd pnlnilcnt fans, while Purdy fumbled for a copy of tho charges and specifications, read them aloud In the samo sing-song manner, winding up with "How say you to tho specifications, guilty or not gullty7" "Not guilty," was tho quiet reply. "And to tho chargel" "Also not guilty." "Do seated. Call Lieutenant Malloy." And tho court looked up nnd so did tho crowd ns tho first and chief witness for tho prose cution, In new, trim-fitting uniform, with spotless gloves and shining sword, entered, tainted, uncovered his shapely head and ungloved nnd raised his slender whlto hand ns tho Judgo ndvocnte faced hlra nnd, emo tionless, monotonous, perfunctory na ever, sold: "You swenr tho ovldcnco In tho caso now In hearing shall be tho truth, tho whalo truth and nothing but tho truth, so help you God?" At which point tho prisoner lifted his head and looked Btrnlght Into tho pnlo faco of his superior olllccr, tho lieutenant lately commanding Company C, who said briefly "I do," and arranging his sash tassels and coat skirts nnd avoiding tho prisoner's eyes, "WITHOUT SO MUCH AS A GLEAM OP ItKCOGNITION IN HER BRIGHT, SEARCHING EYES." dissipated. Henry nnd Norman enter Lane's law offlco In Cincinnati. Norman enlists an a prlvatn In tho Ohio Infantry. Malloy, through political Influences, Is lieu tenant In tho samo company, and Henry Holt Joins tho confedorato forces. Norman 1b ordered to conduct a nklrmlshlng party under Captain Wing to Bellovlow In search of prominent rebels. Dellovlow raid fulls. Wing Is captured and Norman la accused ot troachery. IJraln fevor saves him from trial and takes him to tho hospttnl. Charges against Normnn aro disproved by Kngurt. Norman rojolns hln regiment nnd aids Shettdan In capturing Henry Holt. Nor man Holt druggod by Malloy whllo on picket duty, Is found asleep at his post. CHAPTER XIV. A genoral court-martial has been or dorcd to moot In tho city of Nnshvlllo. Certain officers were to bo brought boforo It end whoa tholr cases had been disposed ot thon camo tho turn ot sovornl enlisted men, whoso offenses wero ot so serious n character they could not properly bo tried by a minor military tribunal. It was raid July when the court assombled. It was aid-August when tho findings In tho cases ot tho commissioned vlotlms wcro doctded and atgnod. Tho weather hnd boon hot nd sultry. Tho court was tired out and In no Judicial mind by thn tlmo tho first ot the soldier cases was ronched. Men grow crabbed who havo to sit day after day through tho hottest hours, buttoned up to the chin In those absurd bluo frock ooats and sashed and bolted, when naturo and oammon sense both clamor for nlr aud freedom. It was hard for tho court, but It waB harder on tho prisoners awaiting trial, for thoy had to swoltor In a woodon bakeoven ot a guardhouso, tormented day and night by heat, mosqultoos and nnxloty. Innocent or guilty, It raado no dlfforcnco. The privilege of bolng cleared by tho court Involved weeks or oven months of prelim inary durance vile. Tho presumption of Innocence until declared guilty nccorded the civilian carrion no comfort to tho sol dier of Undo Sam. Rail Is something bo wots not of. Tho sovereign citizen who has clubbed his wlfo, mobbed tho sheriff or robbed a bank and can lnduco a friend to go ball for him and who cannot? breathos the air of freedom until summoned for trial. The aeldter, perhaps falsoly ac cuiod ot somo minor neglect, must roast with tho felons under guard until his ense Is called. Ho has no rights tho nation seems bound to respect. And of such as tlicso, nil through tho blazing July weather and Into the carllor weeks of tho dog days, was Norman Holt, private Company C, th Ohio Infantry vol unteers, under chargo of ono of the gravost crimes known to tho military calendar, "sentinel sleeping on post in front of the, enemy." They had sent him to Nashvlllo tho sec ond week In July. Tho colonol had Investi gated as thoroughly as was possible tho enso against him, and, with secret reluc tance, had botn forced to the bollof that thero wns nothing to hopo for. Tho ovl rtonce seemed concluslvo. He wns a mem ber of a picket guard duly mounted. He had been regularly posted as Bcntry In front of tho picket covering tho footbridge over tho stream. He had reported suspicious noises, Indicating movements of tho enemy In his front, and yet, notwithstanding his knowledge of thjs dangerous condition ot things, had quit his rlflo and hla assigned effort had cost his tent mate. Shannon was an unwilling witness. Ho didn't wish to speak against Mr. Holt and didn't wish to go back on tho lieutenant. Shannon had Bcrvcd In tho Mexican war, nnd wns be lieved to bo a "regular" without a regular dlschargo, but tho colonel drew from him tho admission that tho lieutenant was "ex cited like," when ho camo back to tho picket, and hnd Bent for Lieutenant Scar cllffo and bado Darcy and nronnau, as well ns his escort, Shannon, Colt and Kelly, who had como forward with him from tho sup ports, to follow swiftly. "Thoro's somo thlng wrong at tho brldgo," says he, "and I can't rnako out what's wrong with Con nolly and Holt." They hadn't been nt tho brldgo n mlnuto beforo thoy found Holt, or much moro than a mlnuto when tho cor poral's cries woro heard. Shannon begged permission to go over with tho two men, It tho Uoutcnunt wouldn't go, nnd try to roscuo their comrado, but Malloy stornly forbado. "It In bad enough to loso ono good man," said ho. " You'll all bo needed. Connolly know ho had no business to cross tho creok. Ho shouldn't havo gono!" Then, soon after four had como tho brisk, sharp attack of dismounted cuvnlry all along tho left front. Malloy's pickets wero driven In on tho reserves, but thero mado a sturdy stand. Tho visitors who had been "fcollng tho lino" fell back through tho leafy woods and that was tho last of Connolly. No man could say what had been his fato, but ono man said what ever It was ho had brought It on himself and this statement camo to tho cars of Norman Holt, woll-nlgh overwhelmed with tho mngnltudo of his own now trouble but, oven In his eoro estato, mindful of tho rights and honor of a friend and com rade. To his Bympathotlo guards ho pro tested that Connolly had gono In corapll nnco with Malloy's oxpress Instruction, If not posltlvo orders, nnd aorao of the mou found means to toll this to tholr curious old captain, who was almost delirious with mingled rover of his own and fear for Nor man's Bake and Gaffnoy told such officers ns came to soo him and they told tho col onel nnd tho colonel sout for Holt and de manded to know what tho story meant. "It means exactly what I said, sir, I heard Mr. Malloy say: 'Thon try It, Con nolly, It will bo a feather In Company C's cap,' and it was said In answer to a suggestion of tho corporal's that ho could steal across, and hear what was going on." Rut, against an officer's denial, what avails tho story of an accused and deb perato man a man who barely ton minutes nfter the departuro of Connolly was found away from his assigned post, his arms, his duty, and sleeping stupidly under the bnnk? To his colonel Holt had declared ho was not asleep, but fighting desporatoly against It. Ho declared that ho had been ovor como by somo strango, powerful stupor. Ho novcr beforo had had such a Betzuro. Ho could almost bolleve ho had been drugged, yet ho had nothing to eat or drink except tho hardtack and coffeo Blmred liberally by n dozen men, not oan of whom had experienced any such sensa tion. Tho story did uot help Norman. It seemed as though ho wcro past help. Ton days ho wns held under guard at the front, then sent by order to Nashvlllo, whero he seemed to have not a friend In the garrl court Ih always more apt to bo hard on fel lows who light than thoao who como out like llttlo men nnd frankly admit their guilt." And, to his manifest disappointment, If not chagrin, tho nccuscd had very respectfully, but positively, declined. "I wns not nsleep," said ho. "I was con scious of what was going on around mo. I was on tho verge of a swoon, perhaps, but I am not guilty ot tho charge, aud I will not plead guilty." Purdy had communicated tho decision ot tho accused to tho court, -and that august body shrugged Its shoulders, while the president, a colonel of volunteers, with long servlco In tho regulars, ominously Bald, "All right," but was manifestly disturbed, on looking up from tho newspaper ho had been reading, to see among thai gathering spectators Captain nob Euyart of tho head quarters stair, a West Pointer, nnd a man of mark and lnlluonce. "What'B ho doing horo?" nsked tho president of Purdy. "Says he's Interested In this caso of Holt's," answered tho Judge advocate "Ar cades ambo, I supposo, which means both Ulue Grassors Kentucky cousins." Tho colonol frowned. It never pleases a court to foel that It Is undor super vision. Headquarters might havo to pass upon Its finding nnd sentence. If so, It was obviously lndolicato In headquarters to havo Its representative present during tho trial Itself. Soveral other ofllcors had entered nnd taken Beats, but of them tho president took no nccount, A dozen sol diers woro grouped on tho opposlto side of tho long, bare room. Tho guard yawned In tho corridor without. Tho witnesses waited and wilted In nn adjoining room savo Malloy, who with nervous stop paced up and down tho hnll. It Is a grucsomo thing to swear awny a man's Ufo, but had ho not prnctlcally so sworn nlrendy? Could he now reccdo from his original reports nnd statements? Would he if he could? Tho Judgo advocate had purposely sout his witnesses for tho prosecution out of the prisoner's sight as silently, passlvoly, sadly Norman climbed tho Btnlrs from the hot sunshine of tho outer Btrcot. The only hopo, help or consolation that had como to him since thoy sent him back from camp and out of rnngo of sympathetic Emmets, was brought to him by Enyart's brief visit, nnd his soul had beon faint nnd weary within him. Hut Enyart's vehement, urgent words had Boundeil tho call to battle ngaln. That spirit of fight still lived. He would not dlo without bravo defense of his own good nnmo and bUtcr blows at them who would dostroy It. "You Btlll ndhore to your decision?" nsked Purdy, as he signaled Holt to draw his chair closer to the table. A grave bow was tho only answer, nnd with a nod to tho president, tho Judgo advocate nroso, cleared his throat and In perfunctory fashion rapidly read off tho order conven ing the court, nnd without tho faintest al teration of tono or manner, but as though tho formula wero printed at tho bottom of tbo pago, turned on tho prisoner with tho stereotyped query: "You havo heard tho order couvenlng tho court. Do you ob ject to being tried by any member named therein? You do not, nnd the court will now be sworn." Thoro was a rasp and rattle of chairs, h clutter of swords, a laying ulde, tern- snnk Into a chair on tho opposlto sldo at tho foot nf thn tnbln; nnnwnrmi In lnw. rnn. trolled voice, the usual questions ns to his namo nnn rank, his Knowledge of tho Iden tity of tho nccuscd and tho nnturo of tho duties which ho hnd beon performing. Rut beforo ho had fairly begun his narruttvo of tho events lending to the arrest of tho ac cused, thero camo Interruption. A cavalry orderly appearod at tho door with a note In his hand. At n nod from tho presiding ofllcer ho clicked Into tho room, his saber clan'tln?, ui:d handed tho note to the colonel, wno glanced nt tho superscription, frowned, pointed to Cnntnln Envnrt apntn.l whom ho could watch Mnlloy's face, and motioned tho orderly to tnko the note to him. Enynrt received u with surprlso, read It with a star: and without a word and only a quick glanco nt Normnn left tho room. In throo minutes ho was back, nlort aud attentive as over, and Malloy, who had begun his story with something llko confidence, changed color, mm Huuuo more low. it dmored In no cfsontlal particular from t ferrcd to, but was long In tho telling, ns mo jucigo advocate was compelled, such bo mi. iuu mintnry insn on of thn dnv in To Us- laboriously write out ovory word, tho entlro nnrrntlvo tho prisoner lencn with close attention and with naraiy a change In expression, his eyes (ovor on Mnlloy's palld fnco. When tho i witness hnd finished tho Judgo ndvocnto I pondered a moment, wroto rapidly nnd then read a question to bring forth tho evidence that the accused hnd been duly warned and mounted for picket duty nnd regularly posted ns sentry. Malloy was I sure ns tn tho first nnd Ignorant ns to the 'second. That wns tho business nf ih. .... igennt or corporal. Tho Judgo advocate, In tho samo methodically tollsomo way, grnd- ually elicited other points thnt wero of ivaluo that Mallov hnd insnoMiwi m, tries, had found tho accused apparently ii tiBumu earner in the night; that I sounds had been heard across tho stream, iuii;uiing mo presence of tho enemy li tho Immediate front; that nn nttack In con (DiuuraU10(iorco actunlly took plnce soo t utiocK wnno no wns at tho rear, tnv.ul,uK ma prisoner to the custody o jtho guard. "Previous experiences with tin prmouer," no said, "hnd given him gravo reasons to doubt his loyalty." j And hero came Interruption. Cnptnln I Enynrt, though only n spectator, fairly ; sprang from his seat, so suddenly did ho I rise, and members of Ihe court could not uui see mar no was striving to nttract tho attention of tho accused, who sat motlon oss nnd with his dark eyes still flxod upon the faco of tho wltnoss. Two of the younger members ns suddenly glanced at tho Judgo advocate, who continued calmly writing. Another, n major of calvary, seo Ing tho excitement In Enyart's manner and cudgelling hla brain for tho causo, be thought him of something ho had heard or rend ns to Irrelevant matter and turned to the president. "Has tho accused nny counsel nnybody to act as amicus curiae, may I ask?" ho queried Impressively. "How Is that, Mr, Judge Advocato?" de manded tho head of tho table. "I have myself advised him to the best of my nblllty," Bald Captain Purdy, (lush la,t. "Cut If nny member of tho court" "Msmbers of the court have been sworn o try and not to counsol," Interpcscd tho major, severely. "Ilut I object to the In troduction of Irrilovnnt matter, tlesplto the Judge advocates apparent approval. He glnnced at Enynrt, now slowly settling back Into his scat ns though for npprovnt nnd support, and added Immediately: "I requeBt that tho court bo cleared." Cleared It was of spectators, witnesses nnd the person most vltnlly Interested, but. In accordance with tho unenlightened prnc tlco of tho day, the Judge advocate re malned, In tho star chamber discission thnt ensued tho prosecution wns allowed to bo represented In full force. Tho defenso wna defenseless. Out In tho hallway guards, spectator?, witnesses nnd prlnoncr waited twenty minutes to hear tho result, but Enyart felzod tho opportunity for n few whispered words with Holt. Something he told him mnde the young soldier's dark eyes light his wan fnco flush with sudden amaze and Joy. Narrowly, sur plclously, yet fur tively watching them from ncrots tho cor rldor, Lieutenant Malloy felt n chill ot foreboding. It wns ono thing to checkmate tho clurany efforts of a helpless veteran llko Oaffney. It might be n very different thing to mensuro wits with this joung regular- Independent, Influential, fearless and some thing told Malloy the tlmo was coming. II spurred him to renewed, to oven reckless effort. Tho door was again thrown open. Court, witness, accused and spectators re appeared as before, nnd, with tones not al together plncid, tho Judge advocate au nounced that tho objection of tho member had not been sustained tho testimony would bo recorded ns given. "Ilut," snld ho, "If tho prisoner docs not fully under stand, aa I strove to rnako him, that ho Is entitled to counsel, I ngaln repent." Aud Norman, rising, snld respectfully that ho preferred to rest his rasa with tho honor of the court, whereat tho president was reminded that It was tlmo for luncheon nnd eo ordered. Tho court stood adjourned until 1:30 p. m. It wan nearer 2 when pro ceedlngs wcto resumed, however, for tho principal witness, Lieutenant Malloy, had to be sent for. Tho orderly reported that tho lieutenant "had Borne kind of a stroke." Heat, probably, said tho court. Tho sentry on duty nt tho halt below said tho lieuten ant had como rushing downstairs "lookln' sick" nbout 1:30 and had gono to tho ad joining drug store, where tho proprietor In formed n presumably sympatholtc captain of tho staff who followed shortly that tho officer had asked for brandy and hurried out nt once. Something hnd occurred to up set Lloutcnnnt Malloy, but Uio court know not what. Certain spectators might havo thrown light upon tho matter had the court Inquired. Just before 1:30, as Mr. Malloy reached '.ho top ot tho stairs, ho becamo suddenly nwaro ot two ladles standing In tho corridor and In conversation with the prisoner, tho guards making no objection, nnd Captain Enyart standing by, npparontly npprovlng. Ono wns gray haired and moth erly, tho other young, tall, with graceful, spirited bearing nnd a proud, yet winsome face. Without bo much ns a gleam of rec ognition In hei bright, searching eyes, this latter looked squarely Into tho faco of tho nrrlvlng ofllcer, who took off his cap, bowed, half thought to smile, but stood ono In stant comtounded nt tho open, obvious, pal pable "cut," then, as though In confusion, If not panic, turned and fled back tbo way bo came. "Miss Ray," said Enyart, "you havo de moralized the caso far tho prosecution." "God bo thanked It I havo," was tho pious reply. CHAI'TEIl XV. A gleam of light In tho midst ot tho dark ness of despond had como to Norman Holt at last, but It was all too brief. Two days only did ho seo Kato Ray and her gontlo mother. Ono long talk only, nnd that tn tho presence of tho ofllcer ot tho guard, wns ho permitted with theso old and dear friends. Even though by this tlmo It wau known that tbo Rays of Lexington had hold fast to tho causo of tho union, thoro wero stories afloat, and stories believed, that tho heart of tho proud Kentucky girl was pledged to a gallant soldier in the southern army, and that thero was frequent corre spondence, maintained who could say how? Everybody seemed to know Henry Holt had been her devoted admirer. Everybody sccmod to tako It for granted that tho af fair was sottlod everybody, that Is, ex cept a possible fow with hopes ot their own. Everybody scorned to havo heard that Blnco his cBcapo from tho guards and his rescuo by Morgan's cavalry, Henry Holt had been Been at tho old homestead, and, furthermore, had been "looked for" about Lexington. There wore not lacking stern heartad gcncialb In the untou array to hold that tho Rays knew too much of our force and tho disposition thereof, and who ob jected to their bolng allowed to wander at will within our lines. Tbo statement that thoy had como to Nashvlllo solely to cheer and comfort Norman Holt only strength ened tho belief In Kate's engagement to bis older brothor and augmented tho vaguo feeling that hud so unaccountably lingered that Norman Holt, at heart, at least, was disloyal. Just one long talk bad beon per mitted them, a talk in which sho told him thnt sho had, indeed, written n long letter, mainly about borne matters, but Incidentally much that sho believed about Daisy Lano, and more about Mr. Malloy. It was her belief that tho parents wero Btrlvlng to Induce Daisy to accept that young man, and that Daisy was valiantly standing out against them. It was her belief that tho Mnlloys, father and boh, were obtaining tho samo lnfluonco over Mr, Lane that tho Benator hnd exorcised over Judgo Mclntyre, nnd eho deplored It moro than eho could toll. Had Normnn no suspicion ob to the fnUuvf her letter? Normnn had, but no proof, whatsoever. The man to whom it had beon entrusted had long since been Bent to tho hospital with fever and was now a deserter from tho army nnd could not bo found. Sho told him of nellovlew thnt It was still snfo, still enred for by tho overseer nnd his family and surrounded by many of tho old colony of blacks, though how they lived nnd apparently throve was a mystery. The doctor had at last accounts beon vis iting his sister, but he rcmnlned with her only a few days. Henry, and here, though Kate's clear eyes fell not nnd sho looked Norman full In tho face, tho color deep ened In her cheeks at tho mention of the nnmo Henry wbb well and on duty with Genoral nrngg nnd counted on seeing Ken tucky again In tho near future, n very sig nificant pleco of Information, perhaps, for a loyal girl to possess, yet It was tho open boast, as It was the lively hopo of tho wholo south, that the battle flags would bo flaunting along tho Ohio beforo tho world was much more than n month older. And Knto dcclnred to Norman, nmong other things, thnt sho knew Henry In no way accused him, save for having sided with the north, ns ho expressed It, against the south. It was a favorite sophistry to lg noro tho union in tho matter and to hold that it was only section tor sortlon, not tho union, struggling for life. Rut when Norman asked the question, "How about father?" she faltered, Sho cculd not re ply, because she knew the fiery old phy slcltn had heard It nil: had hoard of Henry's capturo by Sheridan's troopers, guided, brother against brother, by tho younger son, and that the father's wrath was boyond description. Trust a woman to divert a man from a perilous topic! She hnd saved tho next bit for Just eucIi an omergency. "Only four days ago, Normnn, I Baw Daisy," raid she, "I spent nearly two hours with her at tho old homo on Fourth street. Rut Mrs. Lnno nover left us," Norman had glanced up quickly at the first announce ment. His eyes again fell at the last. Ho knew what eho would say. There had been no opportunity for confidences. Tho Lanes had heant with great sorrow, said she, of this new troubto that had como upon him, but wern confident, at least Mrs, Lnno to expressed herself, that ho would como through "with flying colors." Daisy, speak ing of color, had llttlo or none. Daisy looked whlto nnd wan. Her mothor said It was tho bent. They had been nccustomod to go to tho country for tho summer. butj this year they felt they could not loavo Cincinnati. Mr. Lano was on duty In front of Washington with McDowell's corps, nnd they wcro very nuxlous, for "Stonpwnll" Jackson was hearing tho Rapldan, McClel lau was hurrying out of the Peninsula. The army didn't llko or trust the now goncral from tho west, nnd things wcro nt sixes and sovcus. Mr. Lano wroto that ho wns fearful that big battles would bo fought around Washington, and that tho south would rnako a dash on Cincinnati. "Mrs. Lano talked all tho time," eald Kate, It was Mr. Lnno said this, or Mr. Lano wroto thnt. Mr. Lnno thought nil mnnncr of things, nnd It was ihidont to tho clear Blghted girl thnt Mrs. Lnno was nervous, nnxlous nud III at ease, thnt her Incessant chatter was to prevent questioning of cither Daisy or herself, and bo, although Kato had stayed and lunched with them, sho came awny with as llttlo knowledgo of their real sentiments townrd Normnn ns when sho entered tho house. Neither had sho op portunity to refer to Mr. Malloy nnd to what sho considered his persecution of Normnn, Ilut there hnd been ono signifi cant episode, to which sho mndo no allusion whatever. Sho did not wish Normnn to know that, ns eho left the house, followed to tho door wistfully by Daisy, volubly by her mother, there on tho stops, ns though Jim obout to enter, stood n portly, pros perous looking, sotuowhnt overdressed mau of fifty years or more, whom Mrs. Imo at onco addressed ns "Senntor," anil whom Miss Ray know at onco to bo tho senior Malloy. As she glanced bnck ovor her shoulder, bIio saw ono piteous look III Daisy's whlto fuco and It hnunted hor all tho way to Nashville. Thither hnd they Journeyed undor cricort of Major Marshall, a near neighbor nnd old friend. Thnrn th hnd communicated nt once with Enyart, and presented their lettor to tho command ing general, who received It. nnd then .in. blously nnd within forty-elght hours of their arrival knynrt rccelvod orders to tho front, .uiirsimu io me rear, and tho lidles wero politely told that Mnjor Marshall would escort them bnck to Louisville, whero ruled a new general commanding thu department. a patriot who know not Kcntucklans and feared thorn, oven gift-bearing ami profess ing loynlty. Knto Rny was wrathful. In deed rebellious, but her gentlo mothor curbed tho rising lndlgnntlon and ready tonguo. It was "Hob" Enynrt who most felt nnd could least resent tho general's act. "Ho of good cheer, Holt, my hoy." ho had said to the prisoner ns ho shook h's hand. "Even If thoy havo to find In accordance with that one-sided cvldoncc, they'll bo sure to recommend, and when tho caso comes up for revlow you'll bo all right." "Ho of good choor, Norman," murmured Knto, with brimming eyes, ns Bho clasped both his hands In hers. "Somebody's boon at work telling tnjes at our expen3o, as thoy havo at yours, but onco back In Ken tucky, wo enn watch over your Interests, and wo will." Ho of good cheer, Indeed! Ono or two Junior members of the court In tho cnurso of the long, long trial that followod stroTT to crots-questlon nnd to extract evidence that might tend to shako tho strong tea tlmony accumulating hour by hour against) him, but Just ns beforo, when Captain Wing could have cleared him ot tho chargo ot treachery nt Uellcvtow, so, now, the ono man whoso ovldcnco might savo him wa elthor dead or a prisoner In the enemy' lines. Neither Wing nor Corporal Con nolly had yot been heard from. In thoso days tho nccuscd could not tnko tho wit ness stand In his own behalf. Ho could not mako n statement. In tlioso days tho Judgo advocato was not excluded, ns now, from the dollberntlons of tho court Upon tho ovl dcnco. Ho wnB thoro to nrguo nnd plead. If need be, tho causo against tho prisoner, and did It. On tho Inst day of tho trial Normnn Holt had rend with choking volco his brlof, soldierly, but solemn appeal. Ho reiterated what Malloy had denlod undor onth, that the one wiinc who could havo aided him had been practically ordered by Malloy to cross the brldgo, to creep within earshot of tho enemy. Ho declared that ho believed now that wns nil n part of deliberately arranged plan to ruin him. Ho believed tho cofTeo given him had been drugged. Ho had no evidence of nny kind to offer unless they could summon his own cnptnln ns to character, or that now young brigadier general, Sheridan, who hnd urged his being commissioned. The Judge advo cate snld he was ready to admit that tho captain could testify to his having been a soldier without u flaw. So might Sheridan, though he hud only seen him once. Theso were, nfter alt, mutters ot Individual opin ion nnd hnd nothing to do with the enso. Thu qucutlon beforo tho court was whether or no Holt had roiio to sleep ou hla post lu tho immediate front ot tho enemy, and when tho court was cleared nnd closed for deliberation tho prosecution remained to nrguc, tho defenso went back to Jail. And three weeks later, with n stroko of his pen, thn general commnndlng the de partment Grant and Uuoll being furthor to tho south watching tho mysterious moves of llnurcgnrd nnd Hrngg, approved tho findings and continued tho scntenco cf th court, "two-thirds of tho members thereof concurring," thnt Prlvato Normnn Holt. Co. V, th Ohio Volunteer Infantry, guilty of the crlmo of sleeping on post, be shot to denth by muskrtiy. Thero wns a strange, solemn scene when, In thu presenco of his guard nnd certain cf tho prisoners, tho order promulgating thnt sentence was read. Tho young olllccr on whom devolved tho painful duty had marched with him mnny n day, shoulder to shoulder, In tho battalion ot cadets, and though nut in tho snmo clnss, hud known him well, nnd so wns not surprised at tho calm, resolute bearing of tho almost frlcnd loss soldlor. Holt well know whnt to ex pect, llcforo tho ordor waB In print, tho rumor wns on tho streets nnd flying from camp to camp. "Tho tho date will ho nnnounccd In a, dny or two," snld tho nldo-de-cnmp, in a volco thnt grew husky and almost Inaudi ble. Something In Norman's pale, end fnco moved him In splto of olllclal effort. "Tho general has directed mo to ask If you hnvo any nny wishes to express." "Yes," eald Norman, promptly, firmly. "Yes, ono. I nBk that tho officer who Bworo my llfo nwny may bo required to complcto his work that Lieutenant Mal loy ho ordered to command the firing party." (To bo Continued.) iir Xi it Xi viz ALWAYS TIRED Morning, Noon and Night, makes no difference when. Always tired. 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