On the fifth day after his arrival at the prison, he was called to the door. It was not more than ten o'clock in the forenoon. Half a dozen soldiers, headed by a sergeant, were waiting outside the prison. He was ordered to come out, and once more stood in the open air. He was marched at once to Colonel Holdfast's head-quarters in the Courthouse at Snagtown. Colonel Holdfast, two other Colonels, Major Fleming, and another officer were sitting in the place, which was occupied by civil judges in times of peace. An awful silence seemed to pervade the court-room, as Mr. Diggs was marched in. A number of soldiers were lounging about on the seats, and several officers were conferring in whispers. What it meant Mr. Diggs was not long in conjecturing. It was the dreadful court-martial. His hopes sunk, his knees knocked together, and his head swam as he was placed before the terrible tribunal. The orderly placed a seat for him in front of the officers, and he rather fell into it than sat down.
"Is your name Patrick Henry Diggs?" said Colonel Holdfast.
"I—I believe it is," faintly gasped the terrified man.
"You are charged with having deserted from our army and gone over to the enemy. What have you to say to the charge?" asked the colonel.
There was no response. Diggs hung his head.
"What do you say, sir?" demanded the colonel, sharply.
"N—n—not guilty, your honor."
"Here is your name on our rolls as having enlisted in my own Company B, Abner Tompkins, captain. Is that true?"
"I—I—I reckon so."
Corporal Grimm and Sergeant Swords were called, and both testified that Diggs had been captured with other rebels in the late encounter; that, when taken, he was armed and fighting in the rebel cause. Uncle Dan Martin also testified that he had been present at the capture of Diggs, and that he was in arms for the Southern cause.