"Then it is only a matter of opinion that he was drunk. You have nothing to guide you except your judgment that the man was drunk, who was still doing his duty pretty effectively."
"But there could be no mistake. I know that the man was raging drunk."
"As I said before, that is a matter of opinion and judgment which I will discuss with the court later. Did the prisoner actually strike you?"
"I cannot say that he actually did, farther than snatch out of my hand the field-glasses."
"He didn't do it! You're lyin'! I yanked the glasses out of your hand. 'Twas me," shouted little Pete, from the oak leaves.
The members all looked up in astonishment.
"Sergeant," said the Major to the Sergeant of the Provost Guard, "fetch that little rascal down and buck-an-gag him, until I can decide what further punishment he deserves for eavesdropping, and interrupting the court."
"I don't care if you kill me," whimpered little Pete, as they tied his hands together, "if you'll only let Corp'l Elliott off. He wasn't to blame. It was me.
"You can go," said Lieut. Bowersox to the Lieutenant. "Sergeant, bring in Orderly-Sergeant Jacob Whitelaw."
In response to the Judge-Advocate's direct questionings the Orderly-Sergeant had to sorrowfully admit that he thought that Shorty was drunk, very drunk, and exceedingly noisy. But when Lieut. Bowersox changed to the defense, the Orderly-Sergeant testified with great alacrity that he had not seen Shorty take a drink, that he did not know where he could have got whisky; did not know where in all that part of Georgia there was a drop of liquor outside of the Surgeon's stores and the officers' canteens; that he wished he did know, for he'd like to have a drink himself; and that Shorty, when he was putting forth his greatest strength, was generally very vociferous and not at all careful of what he said. This was one of the peculiarities of the man, that he was overlooked on account of his great effectiveness on the men when in that state.