The next witness was Captain Hugh Walker.
The feeling of the soldiers, to learn the result of the trial, was intense, and by the time Captain Walker was called to the stand, some twenty or thirty had crept to the edge of the tent, and endeavored to conceal themselves in the tall grass outside, to catch the proceedings. But they were discovered by Walker, who demanded that they should be removed. This was done, and a guard placed outside.
Captain Walker’s oath was as follows:
“On the night of the seventh of November, I followed Captain Hayward from his tent. It was at the time gradually becoming dark. My motive in doing so I will explain. As soon as it began to be rumored that we were to meet Price, I observed a change in the conduct of Captain Hayward. He had ever been the center of attraction. His tent was the ‘head-quarters’ of ‘our circle,’ drawn thither by the natural gayety of the captain, and the presence there of ladies. But this feeling appeared to forsake him, and on more than one occasion he denounced the war as inhuman. Pardon me; I would not speak against the dead, but I doubted the loyalty of the man, and not his courage, and this it was which induced me to follow him.
“I halted beneath a large tree, which stood near the spot where the murder evidently was committed. I saw the captain seat himself upon the bank. At this time it was quite dark, but I saw a shadow approaching. It passed near me, but I failed to discover who it was. I first thought it might be William Nettleton following his master. I listened attentively, however, as the extreme caution of the intruder attracted my attention. In an instant I heard a groan, a heavy fall, and a voice exclaim: ‘Oh, William, where are you? Nettleton, I am murdered. Wells is the assassin!’”
A shudder ran through the court. Major D—— dropped his head upon his hand and was silent. The officers whispered together. At last, a written question was handed to the Judge-Advocate, which was promptly asked:
“Captain Walker, why did you not give the alarm, or arrest the murderer yourself?”
“Sir,” was the prompt reply, “the sequel will show. It was dark; I could not distinguish the features of any person two yards distant. I feared he might escape if he should discover me. I therefore followed the murderer cautiously, and he entered the tent of Lieutenant Wells. He did not strike a light, but I listened, and heard him washing himself. I kept close watch upon him until morning, to make sure I was not accusing an innocent man. No one entered or left the tent. The one who washed his hands, and left the bloody water, was Lieutenant Edward Wells.”
This evidence was conclusive. But no reason could be assigned for the murder, unless it was that Miss Hayward had been heard to say that she never should marry and leave her brother so long as he lived, and it had now become well known that Wells was a suitor for her hand. Still, he was a favorite with the captain, and even on the day of his death Hayward had been heard to say that he believed Wells a man of honor, whose suit he would favor. The only conclusion which could be arrived at was, that Wells believed the love of a sister was too strong to give immediate place to the love of a wife, and he felt that, the brother once removed, he alone would become the object of Miss Hayward’s affection. This, though but a flimsy pretext for so awful a crime, was all that any one could offer in the way of a surmise.
The trial was over. But one decision could be given. It soon was rumored about camp that sentence had been passed, and that at four o’clock the next day it would be read to the prisoner, in presence of the whole division.