"I can say nothing," she replied.
"Well, then, do you plead guilty, or not guilty?" asked the Judge.
"Not Guilty!" thundered Harry, in an excited manner. He had been unavoidably delayed from accompanying Mrs. Wentworth to the Court House, and had just arrived. "Not guilty! I repeat, and, as counsel for the accused, I beg leave to make a few remarks."
"Certainly, Lieutenant Shackleford," answered the Judge, who knew Harry well.
The remarks of Harry, and his excited manner, awoke the waning interest in the case, and the crowd clustered closer round the railings.
"Your honor, and gentlemen of the Jury," began Harry, as soon as he had become calm enough to speak: "It is now nearly two years since I appeared in a civil capacity before a court of justice, and I had thought that while this war lasted my services would have been solely on the battle-fields of my country, and not in the halls where law is dispensed. But the case which I have appeared to defend, is so unlike those you ordinarily have before your honorable body, that I have, for a while, thrown off the armor of the soldier, and once more appear as the lawyer. You will pardon my apparent digression from the subject at issue, but as I see many looks of surprise at my seemingly strange conduct, I deem it but justice to myself that I should explain my motive for so acting.
"It is now nearly two years ago that a soldier in a happy and comfortable home in New Orleans bade adieu to a fond wife and two promising children. As the tear-drop trickled down the cheek of his lovely and blooming wife, he whispered a word of comfort and solace to her, and bade her be cheerful, for the dark cloud which covered the political horizon of his country would soon be dispelled by the bright sunshine of liberty. But the tear that fell on her cheek was not of regret; for she felt that in leaving her he obeyed the call of his country, and was but performing a duty he owed to his native South. The tear was brushed away, and she smiled in his face at the glowing words of hope and comfort he spoke to her. They were full of promise, and as each syllable fell on her ear, they awoke an echo in her heart, until the love of the wife paled before the enthusiastic patriotism of the Southern woman, and the dangers of the battle-field became hidden before the vision of the honor and glory which awaited the patriot hero. Then she bade him adieu with a smile, and they departed, full of love and hope.—Oh! gentlemen, let me take a glance back at the home and household war had then severed. Before our treacherous enemy had proclaimed war against us, this soldier's home was a model of earthly joy and felicity. It is true, there was no wealth to be found there, but there was a bright and more glorious gift than wealth can command; there was happiness, and this, combined with the love borne by this soldier for his wife, served to make them pass their years of wedded life in comfortable union. Years pass over their heads, and two children are sent to bless them, and they were cherished as priceless gifts. When the call to arms resounded through the South, this husband, like thousands of others, ceased his civil pursuits, and enlisted under the banner of his country. None but the purest and loftiest motives of patriotism, and a sense of duty, prompted him to the step; and though he knew that in so doing he would leave his wife deprived of her natural protector, and subject to privations, he thought, and with every right, that those who remained at home would shield a soldier's wife from danger, and he trusted on the means at his disposal to keep her from penury and destitution. After making preparation for his wife and children, he bade them adieu, as I have described already, and departed for Virginia, whose soil had already been invaded by the vandals of the North.
"And now, gentlemen, lest you should think by my intimating that this soldier was not wealthy, I meant he was also poor in society, I will state that he and his wife held as high a position in the social circle of New Orleans as the most favored of fortune. His wife, this unfortunate lady, who now stands before you charged with theft, is the daughter of one who was once wealthy, but on whom adversity fell shortly before her marriage. Think not that the haggard and care-worn features before you were always such. There was a time, not long distant, when the bloom of youth and beauty could be seen in that sunken cheek and that sharpened face; but adversity has reduced one of God's fairest works to the wretched and unfortunate condition she is now in. Pardon my digression, for the tale I have to tell cannot be briefly recited; it is necessary that I shall speak in full, and though I may tire you by my lengthy remarks, you must hear them with patience, for they are necessary in this defence, and are equally needed to hold up to the scorn and contempt of every patriotic spirit in the land, two men who have disgraced their sex and entailed misery, aye, and degradation, on an unfortunate woman."
"If his honor, the judge, will permit me," interrupted Mr. Elder, "I should like to decline serving as a juryman on this case."
"Silence!" exclaimed Harry, before the judge could reply. "You are already sworn in, and I desire that you shall remain where you are."