"Shut up, you little fool," said the Orderly savagely. In the selfishness of his sorrow it made him angry to see anybody else show more grief than his.
The Orderly, in stating Lieut. Bowersox's position, forgot, or was not aware of the fact, that while the Judge-Advocate represents the Government at a trial as the Prosecuting Attorney, he is also the counsel for the defense; a dual role which has important and frequently unexpected results.
After the members were duly seated according to rank, with Maj. Truax at the head of the table, Lieut. Bowersox read the order for holding the court, and called the names of the members. He then said:
"Gentlemen, the first case I shall present to your notice is one of exceeding gravity, affecting a member of my own regiment. As it is the most important case that you shall have to consider, I thought it best that it should be disposed of first. Sergeant, bring in Corp'l William L. Elliott, Co. Q, 200th Ind. Volunteer Infantry."
Shorty entered the court with an air of extreme depression in face and manner, instead of the usual confident self-assertion which seemed to flow from every look and motion. He stood with eyes fixed upon the ground.
"Prisoner," said Lieut. Bowersox, "this court has met to try you. Look around upon the members, and see if there is any one to whom you have objection. If so, state it."
Shorty glanced listlessly from the head of the table toward the foot. There his eye rested on the Second Lieutenant for a minute, and then he muttered to himself, "No, he's no worse than the rest ought to be on me," and shook his head in answer to the Judge-Advocate's formal question.
"You will each of you rise, hold up your right hand and be sworn," said the Judge-Advocate, and they each pronounced after him the prolix and ponderous oath prescribed by the regulations:
"You, Maj. Benjamin Truax, do swear that you will well and truly try and determine, according to evidence, the matter now before you, between the United States of America and the prisoner to be tried, and that you will duly administer justice, according to the provisions of an act establishing rules and articles for the government of the armies of the United States, without partiality, favor or affection; and if any doubt shall arise, not explained by said articles, according to your understanding and the custom of war in such cases. And you do further swear, that you will not divulge the sentence of the court, until it shall be published by proper authority; neither will you disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice in due course of law. So help you God."