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 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, 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.
"You _will_ let 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 in _my_ Cause, 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 renounce _her_
Cause; 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 your
_wife_," he glanced mischievously at Nancy, "has taken the 'iron-clad
oath of allegiance'--to us _both_." 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.
End of Project Gutenberg's The Lost Despatch, by Natalie Sumner Lincoln