"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".
"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 such testimony is so material that its omission would leave the investigation incomplete.'"
The judge advocate closed the book with a snap and laid it back on the table. "I respectfully contend that Colonel Baker's testimony is necessary before this case is closed. Here is the colonel's note, Mr. President," and he passed the paper to Colonel Andrews, who, after perusing it, handed the paper to the other members.
"The court rules that it is both permissible and necessary to hear further testimony," announced the colonel. "Call Colonel Baker to the stand."
Vexed and angry, Warren resumed his seat. Was victory to be snatched from him at the crucial moment. He dared not glance at Nancy, and sick at heart he listened to the judge advocate's slightly hoarse voice administering the oath to the new witness.
"Do you know the accused?" asked the judge advocate after Baker had given his full name and rank in the service.
"I do. I placed her under arrest as a rebel spy."
"What evidence have you to prove that fact?"
"This." Baker put his hand in his pocket and drew out a small red leather cardcase which was caked with mud. Nancy's eyes distended with fear, and she whitened perceptibly. "I have searched Miss Newton's house a number of times, but without success. To-day I decided to make one more effort, and so ransacked the place thoroughly. When in the stable I noticed that a red-brown field spaniel was doing a lot of snooping around in the rose garden, and I watched him for about ten minutes. Finally he located his bone and dug it up, and with it a tin box which contained this leather case."
Nancy almost cried out. Misery had betrayed her—her pet companion, her little dumb, loyal friend, whose companionship she had longed for for many days. She could hardly see Baker's movements through the stinging tears that surged into her eyes.
Baker took from the case a much-worn paper, and without further comment handed it to the judge advocate, who cleared his voice and read its contents aloud:
"Special OrderNo. 17Left BracketWAR DEPARTMENT,Richmond, Va., June 25th, 1862.(Extract)"2 . . . The Bearer, Miss Nancy Newton, of Washington, District of Columbia, having volunteered her services, is hereby appointed as Special Agent of Confederate States Government, subject to the approval of this Department. Commanders of Posts, Officers of Guards and Patrols will render all assistance in their power."Quartermasters will furnish all necessary transportation."By Command of the President."Description"Age—21Stature—5 ft. 7½ in.Forehead—BroadEyes—HazelNose—Rather short and straightMouth—Medium sizeChin—Round, with deep dimpleHair—Red-goldenComplexion—FairFace—Oval"James A. Seddon,Sec'y of War."
"2 . . . The Bearer, Miss Nancy Newton, of Washington, District of Columbia, having volunteered her services, is hereby appointed as Special Agent of Confederate States Government, subject to the approval of this Department. Commanders of Posts, Officers of Guards and Patrols will render all assistance in their power.
"Quartermasters will furnish all necessary transportation.
"By Command of the President.
"James A. Seddon,Sec'y of War."
Silently the presiding officer accepted the paper, inspected it, then passed it over to the members of the court.
"Have you any questions to ask the witness, Mr. Senator?" asked the judge advocate.
"Who was present when you found that paper, Colonel Baker?"
"The provost marshal and two of his men," answered Baker; then added: "The leather case is stamped with the prisoner's initials."
"That is all. I have no further questions to ask," said Warren, and Baker departed.
"Do you desire to present argument, Mr. Senator?" asked the judge advocate.
Warren glanced at Nancy's averted face.
"The case rests on its merits," he said slowly. "The evidence is before the court; but I must plead that in reviewing it the court will remember the youth of the prisoner and her sex."
"Stop!" Nancy was on her feet in an instant, her slender form drawn to her full height. "It is my right to make a statement in my own behalf. I desire no such plea entered. My sex prevented my taking arms in the field for the cause I love; so I strove to aid the Confederacy in the only way I could, by woman's wit. Like the Cause," her voice trembled, "I have failed.
"Gentlemen, I am a spy; that most despicable of characters. You are soldiers. You fight in the open and die, honored; I fight in the dark and die—dishonored. You fought for love of the Stars and Stripes; I for love of the Stars and Bars."
A brief pause followed as Nancy's clear, unfaltering voice ceased; then Colonel Andrews rose.
"The court is closed," he announced solemnly. "The findings will be sent to the proper authorities."
Nancy swayed slightly, recovered herself, bowed to the court, then turned blindly and followed the corporal of the guard out of the room. Silently the crowd dispersed; the shadow of coming tragedy stilling all desire for light chatter.
Nancy rose and paced the small prison room restlessly. Anything to get away from her own thoughts. For forty-eight hours she had heard nothing from the outside world. She had not closed her eyes the night before, and Friday found her weary and unstrung by her long vigil.
She wondered dully when the sentence would be carried out. She hoped soon. She pushed her hair back from her forehead nervously. Her thoughts turned to her aunt and then to Goddard. Surely she would be permitted to see them; they would not let her face the end alone.
She had never thanked Senator Warren for all his kindness; all that he had tried to do for her, and all that he had accomplished. At least she was not branded as a murderess. And yet Goddard had thought her capable of such an act!
Nancy's eyes burned with hot, scalding tears that fell one by one; bravely her white lips hushed their moan. She must not lose her self-control. Resolutely she turned and straightened her few belongings. She was so absorbed in trying to forget painful thoughts that she did not hear the sentry open the door, nor a hesitating footstep that crossed the threshold.
"Nancy," said a pleading voice. The girl wheeled around, the carmine mounting her bloodless cheeks. Without a word she stepped forward and was clasped in Goddard's strong embrace. "Do not cry so, my darling," and he stroked her hair with loving hand.
"I must—I must—it is the first time I have given way," gasped Nancy between her sobs. "Oh, Bob, you don't know how I have wanted you; to feel your strong arms about me; to know"—her voice sank—"to know you love me in spite of all——"
"Love you!" the man's voice was rough with the intensity of his emotions. "I love you so it frightens me. God! Why am I so helpless? You are more precious to me than all the world, and I can do nothing."
"Do you call it nothing to offer to die in her place?" asked a quiet voice behind the lovers, and Lincoln, who had walked into the room unheard, closed the door.
Nancy's eyes shone like stars. "Did Bob do that?"—forgetting greeting in her excitement.
"Yes," replied Lincoln, seating himself on the edge of the bed and placing his tall hat beside him.
"You will let me, Mr. President," pleaded Goddard vehemently. "I am blind—helpless—my life will be no loss—I have served my country—while she——" Nancy clung to him in sudden terror. "I give you my word Nancy will henceforth be loyal to our Government."
"Seems to me you are promising a good deal," said Lincoln, dryly.
"Youwilllet me?"—eagerly.
"Die in her stead? No."
"And you are right," declared Nancy, as Goddard stooped over her to hide his bitter disappointment. "I will not accept such a sacrifice."
"'Greater love hath no man,'" quoted Lincoln softly. "You have warm friends, Nancy. Doctor Boyd was with me at noon. He told me that your father on his death-bed made you swear that you would do your utmost to assist the Confederacy. Is that so?"
"Yes." Nancy raised her head bravely and met unflinchingly the gaze of the saddest eyes she had ever seen in human head. "But it was not only that, Mr. President. Like all loyal Virginians, I loved and believed in the Cause."
"As I believe inmyCause, Nancy. Suppose we leave Cause and effect to our Maker; He knows and will not judge our errors harshly, for God is love. The fighting is practically over. Dear child, are you willing to trust to me to heal the war-hurt, and to accept the protection of the flag again, the flag your forefathers died for?"
"Yes," said Nancy, brokenly. It hurt most cruelly to renounceherCause; and Lincoln, ever quick to detect suffering, spoke to Goddard in an undertone as Nancy walked to the window to regain some hold on her composure.
"Ah, Nancy," he said, as she returned; "I was not surprised to hear Symonds did not recognize your writing. He did not know you were ambidextrous." An exclamation escaped Nancy. "You forget you once showed Tad that you have that gift—so your right hand did not know what your left one wrote." Lincoln laughed gently; then rose. "I left my wife in the carriage and I must not keep her waiting too long, as we are going to Ford's Theater to see 'Our American Cousin.'
"Major Goddard, I expect you to report to me to-morrow that yourwife," he glanced mischievously at Nancy, "has taken the 'iron-clad oath of allegiance'—to usboth." Lincoln stepped to the door and beckoned to Superintendent Wood, who was waiting in the corridor, to enter. "Superintendent, this prisoner is to go free. Here is her pardon, signed, sealed and delivered," handing it to the officer. "Good-bye, Nancy;" as he looked at the weeping girl his face was a benediction. "God be with you until we meet again!"
Five hours later the Martyr President had joined the Great Majority. Abraham Lincoln! Man of the people! Sorrowing nations paid tribute at his bier.