The court was then cleared of the witnesses and the proceedings commenced.
With the regular detail of these we have no intention of afflicting the reader; suffice it, that the solemn and dreary writing down of every question and answer so lengthened them out that they became a source of irritation and agony to one whose temperament was so sharp and impetuous as that of Quentin Kennedy, burning as he was with indignation at accusations so false and so unmerited, and some of which he had a difficulty in refuting; and, we regret to add, that the form of procedure was then, as it is still, old-fashioned, cumbrous, loose, and tedious.
There was no regular legal counsel for the prisoner or for the prosecution either; no cross-examination, save such as might emanate from some unusually sharp fellow, who kept himself awake, and affected to take notes, when in reality he was caricaturing Middleton's pigtail, Smith's paunch, and Brown's nose.
The witnesses were sometimes examined pell-mell, just as their names stood on the list; their evidence, however, being carefully written down, to the end that it might be read over to them for after-thought or revision before the opinions of the court, as to guilt and sentence, were asked; a formula that always begins with the junior member, the president having the casting vote.
Such was then, as it is now, the somewhat rambling, free and easy tenor of a general court-martial; yet, with all its idiosyncrasies, it is ever a just and honourable tribunal, and such as no true soldier would ever wish to change for a civil one. Every member sworn is bound to give an opinion. In the French service a military offence can be tried after the lapse of ten years; with us, the period is three.
Warriston objected to the competency of the court; but the president over-ruled his objection by stating that a Volunteer of the Line, like every other camp-follower, was amenable to the "Articles of War."
The transmission of the despatch to Don Baltasar was easily proved by Cosmo and others, and by the reply, which lay on the table.
Though handsome and soldierly in aspect and bearing, the Master of Rohallion could scarcely conceal a very decided animus in delivering his evidence. Brave and proud, he was yet weak enough and small enough in mind to hate Quentin Kennedy with that species of animosity which is always the most bitter, because it arises from a sense of unmerited wrong done to the weaker victim.
In answer to a question by the president:
"Of the prisoner's antecedents," said he, "I know very little—little at least that is good or honourable."