"How came we to have headstrong sons of wealthy parents, fast young men of fortune, and runaway students from the universities and colleges of the United States in our ranks? In a burst of boyish impatience the youth enlisted. Destiny gave him as the Colonel of his regiment his mortal enemy. Colonel Le Noir found in Captain Zuten a ready instrument for his malignity. And between them both they have done all that could possibly be effected to defeat the good fortune and insure the destruction of Traverse Rocke. And I repeat, gentlemen, that what I feel constrained to affirm here in the absence of those officers, I shall assuredly reassert and maintain in their presence, upon the proper occasion. In fact I shall bring formal charges against Colonel Le Noir and Captain Zuten, of conduct unworthy of officers and gentlemen!"
"But it seems to me that this is not directly to the point at issue," said Captain Kingsley.
"On the contrary, sir, it is the point, the whole point, and only point, as you shall presently see by attending to the facts that I shall recall to your memory. You and all present must, then, see that there was a deliberate purpose to effect the ruin of this young man. He is accused of having been found sleeping on his post, the penalty of which, in time of war, is death. Now listen to the history of the days that preceded his fault, and tell me if human nature could have withstood the trial?"
"Sunday night was the last of repose to the prisoner until Friday morning, when he was found asleep on his post."
"Monday night he was sent with the reconnoitering party to Casa-de-Mata."
"Tuesday he was sent with the officer that carried our General's expostulation to Santa Anna. At night he was put on guard."
"Wednesday he was sent with another party to protect a band of emigrants crossing the marshes. At night he was sent with still another party to reconnoiter Molina-del-Rey."
"Thursday he was sent in attendance upon the officer that carried despatches to General Quitman, and did not return until after midnight, when, thoroughly worn out, driven indeed to the extreme degree of mortal endurance, he was again on a sultry, oppressive night, in a still, solitary place, set on guard where a few hours later he was found asleep upon his post—by whom? The Colonel of his regiment and the Captain of his company, who seemed bent upon his ruin—as I hold myself bound to establish before another court-martial."
"This result had been intended from the first! If five nights' loss of sleep would not have effected this, fifteen probably would; if fifteen would not, thirty would; or if thirty wouldn't sixty would!—and all this Captain Zuten had the power to enforce until his doomed victim should fall into the hands of the provost-marshal, and into the arms of death!"
"And now, gentlemen, in view of all these circumstances, I ask you—was Traverse Rocke guilty of wilful neglect of duty in dropping asleep on his post? And I move for a reconsideration, and a new ballot!"