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Southworth, Emma Dorothy Eliza Nevitte, 1819-1899

"Capitola the Madcap"


"If that is the opinion of one who seems friendly to him, what will
be the votes of the other stern judges?" said Herbert Greyson to
himself, in dismay.
"What say you, Lieutenant Adams--is the prisoner guilty or not
guilty?" said the Judge Advocate, proceeding with the ballot.
"Guilty!"
"Lieutenant Cragin?"
"Guilty!"
"Lieutenant Evans?"
"Guilty!"
"Lieutenant Goffe?"
"Guilty!"
"Lieutenant Hesse?"
"Guilty!"
"Captain Kingsley?"
"Guilty!"
"Captain McConkey?"
"Guilty!"
"Captain Lucas?"
"Guilty!"
"Captain O'Donnelly?"
"Guilty!"
"Captain Rozencrantz?"
"Guilty!"
"Major Greyson?"
"NOT GUILTY!"
Every officer sprang to his feet and gazed in astonishment,
consternation and indignant inquiry upon the renderer of this
unprecedented vote.
The President was the first to speak, breaking out with:
"Sir! Major Greyson! your vote, sir, in direct defiance of the fact
and the law upon it, is unprecedented, sir, in the whole history of
court-martial!"
"I record it as uttered, nevertheless," replied Herbert.
"And your oath, sir! What becomes of your oath as a judge, of this
court?"
"I regard my oath in my vote!"
"What, sir?" inquired Captain McConkey, "do you mean to say that you
have rendered that vote in accordance with the facts elicited in
evidence, as by your oath you were bound to do?"
"Yes.


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