Several of the older officers and sterner disciplinarians agreed with the President, who now said:

"I move that the vote be immediately taken upon this question."

To this, also, the elder officers a.s.sented. And the Judge Advocate was preparing to take the ballot, when one of the younger members arose and said:

"Mr. President and gentlemen, there are mitigating circ.u.mstances attending this offence, which, in my opinion, should be duly weighed before making up our ballot."

"Lieutenant Lovel, when your hair has grown white in the service of your country, as mine has, and when your skin is mottled with the scars of a score of well-fought fields, you will find your soft theories corrected by hard experience, and you will know that in the case of a sentinel sleeping upon his post there can be no mitigating circ.u.mstances; that nothing can palliate such flagrant and dangerous neglect, involving the safety of the whole army; a crime that martial law and custom have very necessarily made punishable by death," said the President, sternly.

The young lieutenant sat down abashed, under the impression that he had betrayed himself into some act of gross impropriety. This was his first appearance in the character of juror and judge; he was literally unaccustomed to public speaking, and did not hazard a reply.

"Has any other gentleman any views to advance before we proceed to a general ballot?" inquired the President.

Several of the officers whispered together, and then some one replied that there seemed to be no reason why the vote should not be immediately taken.

Herbert Greyson remained perfectly silent. Why he did not speak then, in reply to this adjuration--why, indeed, he had not spoken before, in support of Lieutenant Lovel's views in favor of his friend, I do not know to this day, though I mean to ask him the first time I have the opportunity. Perhaps he wished to "draw the enemy's fire," perhaps he was inclined to dramatic effects; but whatever might have been the motive, he continued silent, offering no obstacle to the immediate taking of the vote.

The Judge Advocate then called the court to order for the taking of the ballot, and proceeded to question the members in turn, commencing with the youngest.

"How say you, Lieutenant Lovel, is the prisoner on trial guilty or not guilty of the offence laid to his charge?"

"Guilty," responded the young officer, as his eyes filled with tears of pity for the other young life against which he had felt obliged to record this vote.

"If that is the opinion of one who seems friendly to him, what will be the votes of the other stern judges?" said Herbert Greyson to himself, in dismay.

"What say you, Lieutenant Adams--is the prisoner guilty or not guilty?"

said the Judge Advocate, proceeding with the ballot.

"Guilty!"

"Lieutenant Cragin?"

"Guilty!"

"Lieutenant Evans?"

"Guilty!"

"Lieutenant Goffe?"

"Guilty!"

"Lieutenant Hesse?"

"Guilty!"

"Captain Kingsley?"

"Guilty!"

"Captain McConkey?"

"Guilty!"

"Captain Lucas?"

"Guilty!"

"Captain O'Donnelly?"

"Guilty!"

"Captain Rosencrantz?"

"Guilty!"

"Major Greyson?"

"NOT GUILTY!"

Every officer sprang to his feet and gazed in astonishment, consternation and indignant inquiry upon the renderer of this unprecedented vote.

The President was the first to speak, breaking out with:

"Sir! Major Greyson! your vote, sir, in direct defiance of the fact and the law upon it, is unprecedented, sir, in the whole history of court-martial!"

"I record it as uttered, nevertheless," replied Herbert.

"And your oath, sir! What becomes of your oath as a judge of this court?"

"I regard my oath in my vote!"

"What, sir?" inquired Captain McConkey, "do you mean to say that you have rendered that vote in accordance with the facts elicited in evidence, as by your oath you were bound to do?"

"Yes."

"How, sir, do you mean to say that the prisoner did not sleep upon his post?"

"Certainly I do not; on the contrary, I grant that he did sleep upon his post, and yet I maintain that in doing so he was not guilty!"

"Major Greyson plays with us," said the President.

"By no means, sir! I never was in more solemn earnest than at present!

Your honor, the President and gentlemen judges of the court, as I am not counsel for the prisoner, nor civil officer, nor lawyer, of whose interference courts-martial are proverbially jealous, I beg you will permit me to say a few words in support, or at least, I will say, in explanation of the vote which you have characterized as an opinion in opposition to fact and law, and unprecedented in the whole history of courts-martial."

"Yes, it is! it is!" said General W., shifting uneasily in his seat.

"You heard the defense of the prisoner," continued Herbert; "you heard the narrative of his wrongs and sufferings, to the truth of which his every aspect bore testimony. I will not here express a judgment as to the motives that prompted his superior officers, I will merely advert to the facts themselves, in order to prove that the prisoner, under the circ.u.mstances, could not, with his human power, have done otherwise than he did."