CHAPTER XXVII
WITH MALICE TOWARD NONE
The judge advocate handed the telegram to the presiding officer asWarren stepped forward.
"I respectfully submit to the court," he said, quietly, "that the firstcharge against my client is quashed. You have ruled not to admithearsay evidence. Symonds' testimony in regard to the securing of thatdespatch from Major Pegram is hearsay. Furthermore, he declares ondirect examination that my client's handwriting is not the same as thatof the despatch. My client has already been vindicated of the secondcharge; the first is non-proven. Again I demand my client's honorableacquittal at your hands."
The judge advocate rose to sum up his case, but his argument wasinterrupted by the entrance of an orderly who handed him a note whichhe 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 andmost important testimony has been discovered relating to the firstcharge against the accused----"
"You are too late, Mr. Judge Advocate," exclaimed Warren, hotly. "Ihave already presented my argument to the court. The case is closed!"
"Not so." The judge advocate picked up a book from the table and readaloud: "'The court may, in the interest of truth and justice, call orrecall witnesses, or permit their recall at any stage of theproceedings; it may permit material testimony to be introduced byeither party quite out of its regular order and place, or permit a caseonce closed by either or both sides to be reopened for the introductionof testimony previously omitted, if convinced that such testimony is somaterial that its omission would leave the investigation incomplete.'"
The judge advocate closed the book with a snap and laid it back on thetable. "I respectfully contend that Colonel Baker's testimony isnecessary before this case is closed. Here is the colonel's note, Mr.President," and he passed the paper to Colonel Andrews, who, afterperusing it, handed the paper to the other members.
"The court rules that it is both permissible and necessary to hearfurther testimony," announced the colonel. "Call Colonel Baker to thestand."
Vexed and angry, Warren resumed his seat. Was victory to be snatchedfrom him at the crucial moment. He dared not glance at Nancy, and sickat heart he listened to the judge advocate's slightly hoarse voiceadministering the oath to the new witness.
"Do you know the accused?" asked the judge advocate after Baker hadgiven 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 redleather cardcase which was caked with mud. Nancy's eyes distended withfear, and she whitened perceptibly. "I have searched Miss Newton'shouse a number of times, but without success. To-day I decided to makeone more effort, and so ransacked the place thoroughly. When in thestable I noticed that a red-brown field spaniel was doing a lot ofsnooping around in the rose garden, and I watched him for about tenminutes. Finally he located his bone and dug it up, and with it a tinbox which contained this leather case."
Nancy almost cried out. Misery had betrayed her--her pet companion, herlittle dumb, loyal friend, whose companionship she had longed for formany days. She could hardly see Baker's movements through the stingingtears that surged into her eyes.
Baker took from the case a much-worn paper, and without further commenthanded it to the judge advocate, who cleared his voice and read itscontents aloud:
"Special Order { WAR DEPARTMENT, No. 17 { 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--21 Stature--5 ft. 7-1/2 in. Forehead--Broad Eyes--Hazel Nose--Rather short and straight Mouth--Medium size Chin--Round, with deep dimple Hair--Red-golden Complexion--Fair Face--Oval
"JAMES A. SEDDON, _Sec'y of War_."
Silently the presiding officer accepted the paper, inspected it, thenpassed it over to the members of the court.
"Have you any questions to ask the witness, Mr. Senator?" asked thejudge 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, andBaker departed.
"Do you desire to present argument, Mr. Senator?" asked the judgeadvocate.
Warren glanced at Nancy's averted face.
"The case rests on its merits," he said slowly. "The evidence is beforethe court; but I must plead that in reviewing it the court willremember the youth of the prisoner and her sex."
"Stop!" Nancy was on her feet in an instant, her slender form drawn toher 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 thefield for the cause I love; so I strove to aid the Confederacy in theonly 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 aresoldiers. You fight in the open and die, honored; I fight in the darkand die--dishonored. You fought for love of the Stars and Stripes; Ifor love of the Stars and Bars."
A brief pause followed as Nancy's clear, unfaltering voice ceased; thenColonel Andrews rose.
"The court is closed," he announced solemnly. "The findings will besent to the proper authorities."
Nancy swayed slightly, recovered herself, bowed to the court, thenturned blindly and followed the corporal of the guard out of the room.Silently the crowd dispersed; the shadow of coming tragedy stilling alldesire for light chatter.
* * * * *
Nancy rose and paced the small prison room restlessly. Anything to getaway from her own thoughts. For forty-eight hours she had heard nothingfrom 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 hopedsoon. She pushed her hair back from her forehead nervously. Herthoughts turned to her aunt and then to Goddard. Surely she would bepermitted to see them; they would not let her face the end alone.
She had never thanked Senator Warren for all his kindness; all that hehad tried to do for her, and all that he had accomplished. At least shewas not branded as a murderess. And yet Goddard had thought her capableof 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 herself-control. Resolutely she turned and straightened her fewbelongings. She was so absorbed in trying to forget painful thoughtsthat she did not hear the sentry open the door, nor a hesitatingfootstep that crossed the threshold.
"Nancy," said a pleading voice. The girl wheeled around, the carminemounting her bloodless cheeks. Without a word she stepped forward andwas 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 Nancybetween her sobs. "Oh, Bob, you don't know how I have wanted you; tofeel your strong arms about me; to know"--her voice sank--"to know youlove me in spite of all----"
"Love you!" the man's voice was rough with the intensity of hisemotions. "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 quietvoice behind the lovers, and Lincoln, who had walked into the roomunheard, closed the door.
Nancy's eyes shone like stars. "Did Bob do that?"--forgetting greetingin her excitement.
"Yes," replied Lincoln, seating himself on the edge of the bed andplacing his tall hat beside him.
"You will let me, Mr. President," pleaded Goddard vehemently. "I amblind--helpless--my life will be no loss--I have served mycountry--while she----" Nancy clung to him in sudden terror. "I giveyou my word Nancy will henceforth be loyal to our Government."
"Seems to me you are promising a good deal," said Lincoln, dryly.
"You _will_ let me?"--eagerly.
"Die in her stead? No."
"And you are right," declared Nancy, as Goddard stooped over her tohide his bitter disappointment. "I will not accept such a sacrifice."
"'Greater love hath no man,'" quoted Lincoln softly. "You have warmfriends, Nancy. Doctor Boyd was with me at noon. He told me that yourfather on his death-bed made you swear that you would do your utmost toassist the Confederacy. Is that so?"
"Yes." Nancy raised her head bravely and met unflinchingly the gaze ofthe saddest eyes she had ever seen in human head. "But it was not onlythat, Mr. President. Like all loyal Virginians, I loved and believed inthe Cause."
"As I believe in _my_ Cause, Nancy. Suppose we leave Cause and effectto our Maker; He knows and will not judge our errors harshly, for Godis love. The fighting is practically over. Dear child, are you willingto trust to me to heal the war-hurt, and to accept the protection ofthe flag again, the flag your forefathers died for?"
"Yes," said Nancy, brokenly. It hurt most cruelly to renounce _her_Cause; and Lincoln, ever quick to detect suffering, spoke to Goddard inan undertone as Nancy walked to the window to regain some hold on hercomposure.
"Ah, Nancy," he said, as she returned; "I was not surprised to hearSymonds did not recognize your writing. He did not know you wereambidextrous." An exclamation escaped Nancy. "You forget you onceshowed Tad that you have that gift--so your right hand did not knowwhat your left one wrote." Lincoln laughed gently; then rose. "I leftmy wife in the carriage and I must not keep her waiting too long, as weare going to Ford's Theater to see 'Our American Cousin.'
"Major Goddard, I expect you to report to me to-morrow that your_wife_," he glanced mischievously at Nancy, "has taken the 'iron-cladoath of allegiance'--to us _both_." Lincoln stepped to the door andbeckoned to Superintendent Wood, who was waiting in the corridor, toenter. "Superintendent, this prisoner is to go free. Here is herpardon, signed, sealed and delivered," handing it to the officer."Good-bye, Nancy;" as he looked at the weeping girl his face was abenediction. "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 athis bier.
The Lost Despatch Page 27