“'No, sir; I asked permission to do so, but it was refused me.'
“Gen. Sleeman, an old man, full of sympathy and kind feelings, on the impulse of the moment said, 'That was an outrage.'
“The Judge-Advocate reminded the General that such remarks were not proper in the presence of the Court.
“'Yes,' said the General, 'I spoke before I thought; but the impropriety of the remark does not change my opinion.'
“The charges were read to the boy, charging him that in this, 'he, James Whitcomb, a private soldier, was regularly detailed and placed on guard duty, and that he slept while on post in the face of the enemy, thereby endangering the Army of the United States.'
“The Judge-Advocate advised the boy to plead 'not guilty,' which he did.
“Just at this moment Capt. Jackson Lyon came along where the Court was in session, and for the first time heard of this trial. He listened for a moment and heard the name of the boy mentioned, and it struck him at once that it might be Seraine's brother. He waited until the Court adjourned and asked permission to speak to the boy. It being granted, he ascertained that James Whitcomb was the brother of Seraine, who had gone South in search of Henry. He told the boy to be of good cheer—to admit nothing; that when they proved the charge, as perhaps they would, to ask permission to make a statement, and then to tell all about his march; the reason for his inability to keep awake, and all about his condition on that night, and that he, Capt. Jackson Lyon, would look after him; but not to mention him as his friend, but as one only feeling a sympathy for him.
“Jackson wrote to me that day all about the case, and thought it was best that his father and mother should not be made aware of his arrest and trial, but that I should write to the President all about the case, and do no more until he (Jackson) should arrive. My son Jackson was a very cool-headed man, and always did everything in the manner that would create the least excitement or suspicion. You see, he had a plan in a moment for the safety of this poor boy.
“Well, to get back. The next day the Court reassembled at 12 o'clock and proceeded with the trial. The witnesses were sworn. Serg't Smith exhibited the detail for the guard, as well as the detail from the boy's company, and the report of the detail to him with James Whitcomb's name on the same. He then showed the time for the boy's guard-duty to commence on that relief, and finally, by the Officer of the Guard who went around with the relief guard, that the boy was found asleep and did not arouse from his slumber when he was challenged, but that the Sergeant of the Guard had to shake him quite hard to arouse him. This, you can see, was very strong and hard to get over.”
“Yes,” said Col. Bush, “that was a strong case. I was hoping to hear that there was a mistake about it.”