Page:Southern Historical Society Papers volume 08.djvu/41

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Two Specimen Casts of Desertion.
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who had promised to keep her from want now utterly refused to give or to sell her anything to eat, unless she would submit to the basest proposals which he was persistently making to her, and that unless he could come home she saw nothing but starvation before her and his child. The poor fellow at once applied for a furlough and was refused. He then went to the gallant soldier who is my informant and stated the case in full, and told him that he must and would go home if he was shot for it the day he returned. The General told him that while he could not give him a permit, he did not blame him for his determination.

The next day he was reported "absent without leave," and was hurrying to his home. He moved his wife and child to a place of safety, and made provision for their support. Then returning to the neighborhood of his home, he caught the miscreant who had tried to pollute the hearthstone of one who was risking his life for him, dragged him into the woods, tied him to a tree, and administered to him a flogging that he did not soon forget. The brave fellow then hurried back to his regiment, joined his comrades just as they were going into battle, and behaved with such conspicuous gallantry as to make all forget that he had ever, even for a short time, been a "deserter."

The other incident which we shall give was related by General C. A. Battle in a speech at Tuscumbia, Alabama, and is as follows:

During the winter of 1862-3 it was my fortune to be president of one of the courts-martial of the Army of Northern Virginia. One bleak December morning, while the snow covered the ground and the winds howled around our camp, I left my bivouac-fire to attend the session of the court. Winding for miles along uncertain paths, I at length arrived at the court-ground at Round Oak church. Day after day it had been our duty to try the gallant soldiers of that army charged with violations of military law; but never had I on any previous occasion been greeted by such anxious spectators as on that morning awaited the opening of the court. Case after case was disposed of, and at length the case of "The Confederate States vs. Edward Cooper" was called—charge, desertion. A low murmur rose spontaneously from the battle-scarred spectators as a young artilleryman rose from the prisoners' bench, and, in response to the question, "Guilty or not guilty?" answered, "Not guilty."

The Judge-Advocate was proceeding to open the prosecution, when the court, observing that the prisoner was unattended by counsel, interposed and inquired of the accused, "Who is your counsel?" He replied, "I have no counsel." Supposing that it was his purpose to represent himself before the court, the Judge-