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.
Pages:
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279