Books: Capitola The Madcap
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Emma D. E. N. Southworth >> Capitola The Madcap
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"Rather bad! The penalty is death," said Herbert, dryly.
"Yes, sir--martial law is rather severe."
"Who charges him?" asked Herbert, curtly.
"The Colonel of our regiment, sir," replied the man, scarcely able
to conceal his triumph.
"An accusation from a high quarter. Is his charge supported by other
testimony?"
"Beg pardon, Major, but is that necessary?"
"You have answered my question by asking another one, sir. I will
trouble you for a direct reply," said Herbert with dignity.
"Then, Major, I must reply--yes."
"What testimony? I would know the circumstances?"
"Well, sir, I will tell you about it," said the officer, with ill-
concealed triumph. "Private Traverse Rocke had the early morning
watch--"
"After his return from the night ride to Acapulco?"
"Yes, sir. Well, Colonel Le Noir and myself in going our rounds this
morning, just before sunrise, came full upon the young fellow, fast
asleep on his post. In fact, sir, it required a hearty shake to
awaken him."
"After ninety-six hours' loss of sleep, I should not wonder."
"I know nothing about that, sir. I only know that Colonel Le Noir
and myself found him fast asleep on his post. He was immediately
arrested."
"Where is he now?" inquired Herbert.
"In one of the Colonel's extra tents, under guard," replied the
officer.
Herbert immediately went to the tent in question, where he found two
sentinels, with loaded muskets, on duty before the door. They
grounded arms on the approach of their superior officer.
"Is Private Traverse Rocke confined within there?" he inquired.
"Yes, sir,"
"I must pass in to see him."
"I beg your pardon, sir, but our orders are strict, not even to
admit an officer, without a written order from our Colonel," said
the sentinel.
"Where is the Colonel?"
"In his tent, sir."
Herbert immediately went on to the fine marquee occupied by Colonel
Le Noir.
The sentinel on duty there at once admitted him, and he passed on
into the presence of the Colonel.
He saluted his superior officer with cold military etiquette, and
said:
"I have come, sir, to ask of you an order to see Private Traverse
Rocke, confined under the charge of sleeping on his post."
"I regret to say, Major Greyson, that it cannot be done," replied Le
Noir, with ironical politeness.
"Will you have the kindness to inform me, sir, upon what pretext my
reasonable request is refused?" asked Herbert, coldly.
"I deem it quite unnecessary to do so, sir," answered the Colonel,
haughtily.
"Then I have no more to do here," replied Herbert, leaving the tent.
He immediately threw himself into his saddle and rode off to the
Archiepiscopal palace of Tacubaya, where the General-in-Chief had
fixed his headquarters.
Here he had to wait some little time before he was admitted to the
presence of the gallant commander, who received him with all the
stately courtesy for which that renowned officer is distinguished.
Herbert mentioned the business that had brought him to the general's
presence, the request of a written order to see a prisoner in strict
confinement for sleeping on his post.
The commander whose kind heart was interested in the welfare of all
his soldiers, made some inquiries into the affair, of which Herbert
proceeded to give him a short history, without, however, venturing,
as yet, directly to charge the Captain or the Colonel with
intentional foul play; indeed to have attempted to criminate the
superior officers of the accused man would then have been most
unwise, useless and hurtful.
The General immediately wrote the desired order and passed it to the
young officer.
Herbert bowed and was about to retire from the room, when he was
called back by the General, who placed a packet of letters in his
hand, saying that they had arrived among his despatches, and were
for the prisoner, to whom Major Greyson might as well take them at
once.
Herbert received them with avidity, and on his way back to the
Colonel's tent he examined their superscription.
There were three letters-all directed to Traverse Rocke. On two of
them, he recognized the familiar handwriting of Marah Rocke, on the
other he saw the delicate Italian style of a young lady's hand,
which he readily believed to be that of Clara.
In the midst of his anxiety on his friend's account rejoiced to have
this one little ray of comfort to carry him. He knew that many
months had elapsed since the young soldier had heard from his
friends at home--in fact, Travers never received a letter unless it
happened to come under cover to Herbert Greyson. And well they both
knew the reason.
"How very fortunate," said Herbert, as he rode on, "that I happened
to be at the General's quarters to receive these letters just when I
did; for if they had been sent to Colonel Le Noir's quarters or to
Captain Z.'s, poor traverse would never have heard of them. However,
I shall no distract Traverse's attention by showing him these
letters until he has told me the full history of his arrest, for I
wish him to give me a cool account of the whole thing, so that I may
know if I can possible server him. Ah, it is very unlikely that nay
power of mine will be ale to save him if indeed, and in truth, he
did sleep upon his post," ruminated Herbert, as he rode up to the
tent where the prisoner was confined.
Another pair of sentinels were on duty in place of those who had
refused him admittance.
He alighted from his horse, was challenged, showed his order, and
passed into the tent.
There a sight met him that caused the tears to rush to his eyes--for
the bravest is always the tenderest heart.
Thrown down on the mat at the back of the tent lay Traverse Rocke,
pale, haggard and sunken in the deep, deep sleep of utter
exhaustion. Even in that state of perfect abandonment, prostration
and insensibility, the expression of great mental anguish remained
upon his deathly countenance; a mortal pallor overspread his face;
his thick, black curls, matted with perspiration, clung to his
hollow temples and cheeks; great drops of sweat beaded upon his
corrugated brow; a quiver convulsed his mouth and chin; every
circumstance betrayed how severely, even in that swoonlike state, he
suffered.
Herbert drew a camp-stool and sat down beside his mat, resolving not
to break that greatly needed rest, but to wait patiently until the
sleeper should awake.
Again, I say that I know nothing about mesmerism, but I have seen
strange effects produced quite unconsciously by the presence of one
person upon another. And in a few minutes after Herbert took his
seat beside Traverse, it was noticeable that the face of the sleeper
lost its look of pain, and his rest grew deep and calm.
Herbert sat watching that pale, calm, intellectual face, thanking
heaven that his mother, in her distant home, knew nothing of her
boy's deadly peril and praying heaven that its justice might be
vindicated in the deliverance of this victim from the snares of
those who sought his life.
For more than an hour longer Traverse slept the deep sleep of
exhaustion, and then calmly awoke. On seeing Herbert sitting beside
him, he smiled sadly, saying:
"You here, Herbert? How kind of you to come. Well, Herbert, you see
they have succeeded, as I knew they would. That was what I wished to
tell you about when I was abruptly ordered away. I do believe it was
done on purpose to prevent my telling you. I really think I have
been surrounded by spies to report and distort every word and look
and gesture. If our company had only watched die enemy with half the
vigilance with which they watched me, that party of emigrants would
not have been cut off on the plains."
"Traverse," said Herbert solemnly taking the hand of his friend,
"were you caught sleeping on your post?"
"Ah, sleeping like death, Herbert."
Herbert dropped the hand of his friend, covered his face with his
own, and groaned aloud, "He could not help it!"
"I told you that they had resolved upon my death, Herbert. I told
you that I should be pushed into a shameful grave!"
"Oh, no, no, the Lord forbid! But tell me all about it, Traverse,
that I may understand and know how to proceed," said Herbert, in a
broken voice.
"Well, I need not tell you how I have been insulted, oppressed and
persecuted by those two men, for you know that already."
"Yes, yes!"
"It really soon became apparent to me that they were resolved, if
possible, to exasperate to desert, to retort, or to commit some
other fatal act of insubordination or violence. Yet, for the sake of
my dear mother and of Clara, I did violence only to my own natural
manhood, and bore it all with the servility of a slave."
"With the submission of a saint, dear Traverse; and in doing so you
followed the divine precept and example of Our Saviour, who, when
accused, railed upon and buffeted, 'opened not his mouth.' And in
His forbearance, dear Traverse, there was as much of God-like
dignity as there was of saintly patience. Great self-respect is as
often manifested in forbearance as in resentment," said Herbert,
soothingly.
"But you see it availed me nothing. Here I am, under a charge to
which I plead guilty, and the penalty of which is--death!" replied
Traverse in despair.
"Tell me how it was, Traverse. Your persecutions and your patience I
knew before, but what are the circumstances that led to your present
position? That your misfortune is the result of a concerted plan on
the part of Le Noir and his tool, I partly see, but I wish you to
put me in possession of all the facts, that I may see in what manner
I may be able to assist you."
"Ah, Herbert, I thank you, most faithful of friends, but I doubt
whether you can assist me in any other manner than in being kind to
my poor mother and my dear Clara when I am gone--for ah, old
playmate, the act can be too surely proved upon me, and the penalty
is certain--and it is death!" said the poor boy, deeply sighing.
Herbert groaned, and said:
"But tell me, at least, the history of the four days preceding your
arrest."
"I will. Let me see--this is Friday. Well, until this morning's
fatal sleep, I had not slept since Sunday night. Monday was passed
in the usual routine of military duty. Monday evening I was sent on
a reconnoitering expedition to the old castellated Spanish fort of
the Casa de Mata, that occupied the whole night. On Tuesday morning
I was selected to attend the messenger who went with the flag of
truce into the city to carry our General's letter of expostulation
to Santa Anna, which employed the whole day. On Tuesday night,
without having had an hour's rest in the interval, I was put on
guard. Wednesday morning I was sent with a party to escort an
emigrant caravan across the marsh to the village of Churubusco.
Wednesday afternoon you saw me on guard and I told you that I had
not slept one hour for three days and nights."
"Yes, you looked ill enough to be ordered on the sick list."
"Yet, listen. Thoroughly exhausted as I was, on Wednesday night I
was ordered to join a party to go on a secret reconnoitering
expedition to the Molina-del-Rey. On Thursday morning I was sent out
with another party on a foraging tour. On Thursday night I was sent
in attendance upon the officer who carried despatches to General
Quitman. On Friday morning I was set on guard between the hours of
four and eight!"
"Oh, heaven, what an infamous abuse of military authority!"
exclaimed Herbert, indignantly.
"Herbert, in my life I have sometimes suffered with hunger, cold and
pain, and have some idea of what starving, freezing and torture may
be, but among all the ills to which flesh is heir, I doubt if there
is one so trying to the nerves and brain of man as enforced and
long-continued vigilance, when all his failing nature sinks for want
of sleep. Insanity and death must soon be the result."
"Humph! Go on. Tell me about the manner of their finding you," said
Herbert, scarcely able to repress his indignation.
"Well, when after--let me see--eighty-four--ninety--ninety six hours
of incessant watching, riding and walking, I was set on guard to
keep the morning watch between four o'clock and eight, 'my whole
head was sick and my whole heart faint'; my frame was sinking; my
soul could scarcely hold my body upright. In addition to this
physical suffering was the mental anguish of feeling that these men
had resolved upon my death, and thinking of my dear mother and
Clara, whose hearts would be broken by my fall. Oh! the thought of
them at this moment quite unmans me. I must not reflect. Well, I
endeavored with all the faculties of my mind and body to keep awake.
I kept steadily pacing to and fro, though I could scarcely drag one
limb after the other, or even stand upright; sleep would arrest me
while in motion, and I would drop my musket and wake up in a panic,
with the impression of some awful, overhanging ruin appalling my
soul. Herbert, will you think me a miserably weak wretch if I tell
you that that night was a night of mental and physical horrors?
Brain and nerves seemed in a state of disorganization; thought and
emotion were chaos; the relations of soul and body broken up. I had
but one strong, clear idea, namely, that I must keep awake at all
costs, or bring shameful death upon myself and disgrace upon my
family. And even In the very midst of thinking this I would fall
asleep."
"No power within yourself could have prevented it; indeed, you had
to drop into sleep or death!"
"I pinched myself, I cut my flesh, I burned my skin, but all in
vain. Nothing could withstand the overwhelming power of sleep that
finally conquered me, about five o'clock this morning. Then, in the
midst of a delightful dream of mother and Clara and home, I was
roused up by a rude shake, and awoke to find my musket fallen from
my hands, and my Captain and Colonel standing over me. It was
several minutes before I could travel back from the pleasant land of
sleep and dreams and realize my real position. When I did I had
nothing to say. The inevitable ruin I felt had come, and crushed me
into a sort of dumb despair. Nor did my superior officers reproach
me--their revenge was too perfect. The captain called a sergeant to
take my gun, and I was marched off to my present prison. And,
Herbert, no sooner was I left alone here than sleep overcame me
again, like a strong man, and despite all the gloom and terror of my
situation, despite all of my thoughts of home and mother and Clara,
I slept like a tired child. But this awakening. Oh! this awakening.
Herbert!"
"Be of good courage. Let us hope that heaven will enable us to
confound the plots of the evil, and save you!"
"Ah, Herbert, that will be impossible. The duty of a soldier is
clear and stern; his punishment if he fails in it, swift and sure.
At the word of command he must march into the very jaws of death, as
is right. He must die or madden for the want of rest, rather than
fall asleep on his post, for if he does, his punishment is certain
and shameful death. Oh, my mother! Oh, Clara! Would heaven I had
fallen at Vera Cruz or Churubusco, rather than live to bring this
dreadful sorrow upon you," cried Traverse, covering his convulsed
face with his hands.
"Cheer up, cheer up, old comrade. All is not lost that is
endangered, and we shall save you yet!"
"Herbert, you know it is impossible."
"No, I do not know any such thing!"
"You know that I shall be tried to-day and shot tomorrow! Oh,
Herbert, never let my dear ones at home know how I shall die. Tell
them that I fell before Chepultepec--which will be literally true,
you know. Oh, my mother! Oh, my dear Clara, shall I never see you
more? Never hear your sweet voices calling me? Never feel the kind
clasp of your hands again? Is this the end of a life of aspiration
and endeavor? Is this the comfort and happiness I was to bring you?-
-early bereavement, dishonored names and broken hearts?"
"I tell you, no! You shall be saved! I say it!"
"Ah, it is impossible."
"No, it is only very difficult--so very difficult that I shall be
sure to accomplish it!"
"What a paradox."
"It is a truth. Things difficult--almost to impossibility--can
always be accomplished. Write that upon your tables, for it is a
valuable truth. And no cheer up, for I bring you letters from Clara
and your mother."
"Letters! from Clara! and mother! Oh, give them to me!" exclaimed
the young man eagerly.
Herbert handed them, and Traverse eagerly broke the seals, one after
another, and devoured the contents.
"They are well! They are well and happy! Oh, thank God they are so.
Oh, Herbert, never let them know how I shall die! If they think I
fell honorably in battle, they will get over it in time, but if they
know I died a convict's death it will break their hearts. Oh,
Herbert, my dear friend, by all our boyhood's love, never let my
poor mother and dear Clara know the manner of my death!" cried
Traverse, in an imploring voice.
Before he could say another word or Herbert could answer, an orderly
sergeant entered and put into Major Greyson's hands a paper that
proved to be a summons for him to attend immediately at headquarters
to serve upon a court-martial, to try Private Traverse Rocke upon
the charge of sleeping on his post.
"This is done on purpose to prevent me becoming a witness for the
defense!" whispered Herbert to his friend, "but take courage. We
will see yet whether you shall succeed!"
CHAPTER XXII.
THE COURT-MARTIAL.
I wish I could
Meet all accusers with as good excuse,
As well as I am certain I can clear
Myself of this.
--SHAKESPEARE.
Pursuant with the general orders issued from headquarters, the
court-martial, consisting of thirteen officers, convened at
Tacubaya, for the trial of Traverse Rocke, private in the--Regiment
of Infantry, accused of sleeping on his post.
It was a sultry morning, early in September, and by seven o'clock
the drum was heard beating before the Archiepiscopal palace, where
it was understood the trial, involving life or death, would come
off.
The two sentinels on guard before the doors and a few officers off
duty, loitering about the verandas, were the only persons visible
near the well-ordered premises, until the members of the court-
martial, with the prosecutors and witnesses, began to assemble and
pass in.
Within a lofty apartment of the building, which was probably at one
time the great dining-hall of the priests, were collected some
twenty persons, comprising the court-martial and its attendants.
An extension table covered with green cloth occupied the middle of
the long room.
At the head of this table sat General W., the president of the
court. On his right and left, at the sides of the table, were
arranged the other members according to their rank.
At a smaller table, near the right hand of the President, stood the
Judge Advocate or prosecutor on behalf of the United States.
At the door stood a sentinel on guard, and near him two or three
orderly sergeants in attendance upon the officers.
The Judge Advocate opened the court by calling over the names of the
members, beginning with the President and ending with the youngest
officer present, and recording them as they responded. This
preliminary settled, orders were despatched to bring the prisoner,
prosecutor and witnesses into court.
And in a few minutes entered Colonel Le Noir, Captain Zuten, Ensign
Allen and Sergeant Baker. They were accommodated with seats near the
left hand of the President.
Lastly, the prisoner was brought in guarded, and placed standing at
the foot of the table.
Traverse looked pale, from the severe effects of excessive fatigue
and anxiety, but he deported himself with firmness and dignity,
bowed respectfully to the court, and then drew his stately form up
to its fullest height, and stood awaiting the proceedings.
The Judge Advocate at the order of the President, commenced and read
the warrant for holding the court. He then read over the names of
the members, commencing as before, with the President, and
descending through the gradations of rank to the youngest officer,
and demanded of the prisoner whether he had any cause of challenge,
or took any exception to any member present, and if so, to declare
it, as was his privilege.
Traverse lifted his noble head and keen eyes, and looked slowly
around, in turn, upon each officer of the court-martial.
They might all be said to be strangers to him, since he knew them
only by sight--all except his old acquaintance, Herbert Greyson, who
sat first at the left hand of the President, and who returned his
look of scrutiny with a gaze full of encouragement.
"I find no cause of challenge, and take no exception to any among
the officers composing this court," answered Traverse, again bowing
with such sweetness and dignity in tone and gesture that the
officers, in surprise, looked first at the prisoner and then at each
other. No one could doubt that the accused, in the humble garb of a
private soldier, was nevertheless a man of education and refinement-
-a true gentleman, both in birth and breeding.
As no challenge was made, the Judge Advocate proceeded to administer
to each of the members of the court the oath prescribed in the
Articles of War, to the intent that they should "try the matter
before them, between the prisoner and the, United States, according
to the evidence, without fear, favor or affection."
This oath was taken by each member holding up his right hand and
repeating the words after the officer.
The court then being regularly constituted, and every preliminary
form observed, the Judge Advocate arose and directed the prisoner to
listen to the charge brought against him, and preferred by the
Colonel of his Regiment, Gabriel Le Noir.
Traverse raised his head and fixed his eagle eyes upon the
prosecutor, who stood beside the Judge Advocate, while the latter in
an audible voice read the accusation, charging the prisoner with
wilful neglect of duty, in that he, the said Traverse Rocke, on the
night of the first of September, being placed on guard at the
northwestern outpost of the Infantry quarters, at Tacubaya, did fall
asleep upon his post, thereby endangering the safety of the
quarters, and violating the 46th Article of War.
To which charge the prisoner, in a firm voice, replied:
"Not guilty of wilful neglect of duty, though found sleeping upon my
post."
The Judge Advocate then cautioned all witnesses to withdraw from the
court and come only as they were called. They withdrew, and he then
arranged some preliminaries of the examination, and called in--
Captain Zuten, of the--Regiment of Infantry.
This witness was a short, coarse-featured, red-haired person of
Dutch extraction, without intellect enough to enable him to conceal
the malignity of his nature.
He testified that on Thursday, the first of September, Traverse
Rocke, private in his company, was ordered on guard at the
northwestern out post of the quarters, between the hours of four and
eight a.m. That about five o'clock on the same morning, he, Joseph
Zuten, in making his usual rounds, and being accompanied on that
occasion by Colonel Gabriel Le Noir, Lieutenant Adams and Ensign
Baker, did surprise Private Traverse Rocke asleep on his post
leaning against the sentry box with his musket at his feet.
This witness was cross-examined by the Judge Advocate, who, it is
known, combines in his own person the office of prosecutor on the
part of the United States and counsel for the prisoner, or rather,
if he be honest, he acts as impartial inquirer and arbiter between
the two.
As no new facts were gained by the cross-examination, the Judge
Advocate proceeded to call the next witness, Colonel Le Noir.
Here, then, was a gentleman of most prepossessing exterior, as well
as of most irreproachable reputation.
In brief, his testimony corroborated that of the foregoing witness,
as to the finding of the prisoner asleep on his post at the time and
place specified. In honor of his high social and military standing,
this witness was not cross-examined.
The next called was Lieutenant Adams, who corroborated the evidence
of former witnesses. The last person examined was Ensign Baker,
whose testimony corresponded exactly to that of all who had gone
before him.
The Judge Advocate then briefly summed up the case on the part of
the United States--first by reading the 46th Article of War, to wit,
that:
"Any sentinel who shall be found sleeping on his post, or shall
leave it before he shall be regularly relieved, shall suffer death,"
etc., etc., etc.
And secondly, by reading the recorded evidence to the effect that:
Traverse Rocke had been found by competent witnesses sleeping on his
post.
And concluded by saying:
"Gentlemen, officers of the court-martial, here is the law and here
is the fact both proven, and it remains for the court to find a
verdict in accordance with both."
The prisoner was then put upon his defence.
Traverse Rocke drew himself up and said, that the truth, like the
blessed sun, must, on its shining forth, dispel all clouds of error;
that, trusting in the power of truth, he should briefly relate the
history of the preceding seven days. And then he commenced and
narrated the facts with which the reader is, already acquainted.
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