Part 13 (1/2)
But, oh, what complications had not been brought about by Pecksniff's spell of brief authority! Never before intrusted with a higher command than that of a regiment, to the head of which he had risen by reason of long years of unimpaired bodily health and skillful avoidance of all danger, the old colonel had lost no time in moving, bag and baggage, to Omaha, in having Nevins transported thither, in opening wide his ears to his story of the heinous wrongs inflicted on him by that Arizona court, through the malignity of its judge advocate, of that judge advocate's heartless treachery to two helpless women, one of whom was Nevins' wife, the other the officer's own deserted and broken-hearted betrothed. Then came Petty, ordered to join his company in the field and eager as ever to seek some loophole of escape. Reporting to pay his homage to the temporary commander at headquarters he soon got an inkling of what was going on, and all at once there flashed upon him the magnificence of his opportunity. Here he could at one and the same time feed fat his ancient grudge against Loring and make himself indispensable to the aging commander of the department--perhaps even secure another staff billet, certainly, at least, succeed in being kept there on duty and away from the perils of the field until after the court, and meantime, what would friends be worth if they could not move the powers at Was.h.i.+ngton.
Day after day he was closeted with old Stevens, adding fuel to the flame of that ingenuous veteran's suspicions, but it is doubtful if even Petty dreamed of the depth of Nevins' scoundrelism. Burleigh, whom the ex-captain had ”bled” and blackmailed, had pa.s.sed beyond the bar of human arraignment, ”dying like a gentleman” even while captive in the hands of the authorities; and so did Nevins impress his uncontradicted tale of loyal service to the State on the old weakling in command, that Stevens had declared that there was no evidence on which to hold him, had ordered his release from custody on parole, unless the civil authorities desired to prosecute him for ”personating an officer,” and had written to the division commander, praising Nevins' conduct, and urging that the sentence of imprisonment be set aside.
And then, he never could tell just who brought this about--whether it was Mrs. Burton or Miss Allyn with their tears and tribulations; whether it was Nevins, with his bold accusations, or Petty, with his insidious tales, but between them all the old colonel was induced to send his adjutant and acting aid to examine certain baggage of Loring's stored at the hotel. Never having given up his room when hurrying off to Gate City; expecting to be back within a week and merely to pay room rent when absent, as was the arrangement of the day, Loring had left his trunks and desks securely locked. Two officers and the protesting hotel clerk were present at the opening. The locksmith, even, seemed to hate his job; the adjutant had never a meaner one, but Petty was eager. Fresh from an interview with Geraldine, he was the directing spirit. It was his hand that extracted from deep down under the packed clothing in the trunk, a small tin box, wrapped in a silk handkerchief. Within the box, when opened, were certain letters in a woman's hand--Geraldine Allyn's--letters written to Loring in the days of their brief engagement, letters long since returned to her under his hand and seal, and with them, in closely-folded wraps of tissue paper, inclosed in stout envelope, a valuable solitaire and as valuable a ring. The regimental adjutant it was who opened the box and who made these discoveries. Half an hour later they were identified by Nevins, in the presence of old Pecksniff, as the diamonds intrusted to Loring's care in Arizona, and Nevins professed to be disappointed because the watch, too, was not found with them.
Not until late July did Loring learn of the action taken in his enforced absence, and of the resulting developments. Not a word would he vouchsafe in explanation, when old Pecksniff, wilting under the criticisms of his superiors, sent his adjutant to ”invite remarks.” ”The court has been ordered,” said Loring, with coolness described as contemptuous, ”I'll make my remarks there.” But long before that court could meet, the colonel, as has been said, went back to his post. The new commander arrived, and ordered Nevins to an Iowa prison to serve out the year awarded him; sent Captain Petty summarily to Laramie, and bade Mrs. Burton go about her business when that lachrymose person came to urge that he should do something ”to make Lieutenant Loring settle.”
She had lost her lovely boarder, too, for no sooner had ”Mrs. Fletcher”
heard of the new accusations against Loring than she appeared at Omaha, and whisked her sister away, no one at Omaha knew where, but indignant old John Folsom could perhaps have told. He cut Pecksniff dead when that officer returned to Emory, and refused to go near the fort. He threw open his doors and his heart to Loring when the convalescing Engineer was brought in from the ranch. The new General actually came, ostensibly to inspect the post, but spent twelve hours at Folsom's by Loring's side to the one devoted to Stevens, and everybody felt that there was a storm brewing that would break when finally the witnesses for the defense arrived and the Loring court could meet.
But who would have dreamed there could be such dramatic scene before a military tribunal?
It came with the third day of the trial. The court had been carefully selected by old Pecksniff, whose adjutant had obediently signed the charges drawn up under the chief's directions. There were only nine officers in the array--”no others being available without manifest injury to the service”--read the formula of the day. Five were officers of Stevens' regiment, one a cavalry major, the others of the pay, commissary and quartermaster's departments. None had known Loring.
Everybody expected him to object to some at least, but he objected to none. The judge advocate was a vigilant official who made the most of his opportunity, but his witnesses for the prosecution were, with one exception, weak; the exception was Nevins. He swore stoutly that he had given the valuables in Arizona to Loring, and from that day had never seen them until they were found secreted in Loring's trunk, and, to the amaze of the court, Loring declined to cross-examine. Petty was a failure. He wanted to swear to a thousand things that other people had told him, for of himself he knew nothing, and though the defense never interposed, the court did. It was all hearsay, and he was finally excused. Mrs. Burton appeared, but like Mrs. Cluppins of blessed memory, had more to say of her domestic and personal affairs than the allegations against the accused. Miss Allyn, said the judge advocate, in embarra.s.sment, was to have appeared on the afternoon of the second day, but did not, nor could he find her. She was a most important witness, so he had been a.s.sured by--various persons, but at the last moment she had apparently deserted the cause of the prosecution. A civil court would have had power to drag an unwilling witness before it and compel his or her testimony; a military court has neither, so long as the desired person is not in the military service, which Miss Allyn and some sixty million others at that time could not be said to be. A sensation was ”sprung” on the court at this juncture by the defense. It magnanimously informed the court that John Folsom, of Gate City, knew where that witness was in hiding, and that she could be reached through him, whereupon the judge advocate seemed to lose his eagerness.
Something was wrong with the prosecution anyway. It had begun with truculent confidence. It was unnerved by the serene composure of the accused, and his refusal to object to anything, to cross-examine, to avail himself of any one of the privileges accorded the defense. This could have only one interpretation, and Nevins, twitching with nervous dread, was worrying the judge advocate with perpetual questions as to the witnesses for the defense. When were they to be produced? Who were they? And the judge advocate did not know. Very unfairly had he been treated, said he, for the list of witnesses for the defense not only had not been furnished him, but he had never been ”consulted.” Two or three ”stuck-up” Engineers had come out from St. Louis and Detroit, and Loring and they had been actually hobn.o.bbing with the department commander. But the mere fact that the meeting of the court was delayed until the end of September proved that they must be coming from the Pacific coast, at which announcement Petty looked perturbed and Nevins twitched from head to foot. He didn't suppose, he said, the United States would stand the expense of fetching witnesses way from California, transportation and _per diem_ would cost more than the whole business was worth.--and the judge advocate was wis.h.i.+ng himself well out of it when, on a sunny Friday morning, the third day of the court, the president rapped for order and the big roomful of spectators was hushed to respectful silence. The defense had made its first request, that the princ.i.p.al witness for the prosecution, Nevins, should be present, and there he sat, nervous and fidgety, as Loring was serene.
In halting and embarra.s.sed fas.h.i.+on, very unlike the fluent ease with which he opened the case, the judge advocate announced that, owing to the impossibility of compelling the testimony of witnesses on whom he had relied, he was obliged to announce that the prosecution would here rest. The defense, of course, he said, vaguely, would wish to be heard, though he had not been honored with any conference or even a list of the witnesses. Then he looked inquiringly at Loring, and every neck in the thronged apartment, the biggest room at headquarters, was ”craned” as Loring quietly handed him a slip of paper.
The judge advocate read, looked puzzled, glanced up, and cleared his throat.
”You mean you want these summoned?”
”No, they're here, in my office.”
The judge advocate turned to the orderly of the court, a soldier standing in full dress uniform at the door. The hallway, even, was blocked with lookers-on. The windows to the south were occupied by curious citizens, gazing in from the wooden gallery. Those to the north, thrown wide open to let in the air, were clear, and looked out over a confused muddle of s.h.i.+ngled roofs and stove-pipe chimneys. Hardly a whisper pa.s.sed from lip to lip as the orderly bustled away. Members of the court fidgeted with their sash ta.s.sels, or made pretense of writing.