"I was, but not with the army."

The other stone men showed signs of life now, and the old warrior continued his examination.

"Was it not your duty, as a soldier of honour, to obey your chief's orders, and to give yourself up to the proper authorities?"

"That view of the question did not strike me," I answered, and quite honestly too. "I was not with the army, and therefore did not consider myself included in the surrender."

"You preferred instead to join the band of a notorious robber?"

"That is false," I cried--"utterly false!"

The president, though he did not look like a merciful man, was exceedingly polite.

"I am afraid," he said, "that the facts are against you. Colonel von Theyer, one of our best officers--"

"A rebel turncoat," I interrupted angrily.

"I do not think, Herr Botskay, that abuse of a trusted officer will do your case any good. His report expressly states that you were discovered with this band of robbers. Do you deny the truth of the charge?"