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.
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