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
outpost 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.
Traverse was interrupted several times in the course of his narrative
by the President, General W., a severe martinet, who reminded him that
an attempt to criminate his superior officers would only injure his
cause before the court.
Traverse, bowing, as in duty bound to the President at every fresh
interruption, nevertheless proceeded straight on with his narrative to
its conclusion.
The defence being closed, the Judge Advocate arose, as was his
privilege, to have the last word. He stated that if the prisoner had
been oppressed or aggrieved by his superior officer, his remedy lay in
the 35th of the Articles of War, providing that any soldier who shall
feel himself wronged by his captain shall complain thereof to the
Colonel of his Regiment.
To this the prisoner begged to reply that he had considered the Colonel
of his Regiment his personal enemy, and as such could have little hope
of the issue, even if he had had opportunity afforded him, of appealing
to that authority.
The Judge Advocate expressed his belief that this complaint was
vexatious and groundless.
And here the evidence was closed, the prosecutor, prisoner and
witnesses dismissed, and the court adjourned to meet again to
deliberate with closed doors.
It was a period of awful suspense with Traverse Rocke. The prospect
seemed dark for him.
The fact of the offense and the law affixing the penalty of death to
that offence was established, and as the Judge Advocate truly said,
nothing remained but for the court to find their verdict in accordance
to both.
Extenuating circumstances there were certainly; but extenuating
circumstances were seldom admitted in courts-martial, the law and
practice of which were severe to the extent of cruelty.
Another circumstance against him was the fact that it did not require
an unanimous vote to render a legal verdict, but that if a majority of
two-thirds should vote for conviction, the fate of the prisoner would
be sealed. Traverse had but one friend in the court, and what could his
single voice do against so many? Apparently nothing: yet, as the
prisoner on leaving the court-room, raised his eyes to that friend,
Herbert Greyson returned the look with a glance of more than
encouragement--of triumph.