"I have to report that Private Belden was killed during the battle of Sailors' Creek, April 6th, 1865.
"H. K. Young,
Chief of Scouts".
CHAPTER XXVII
WITH MALICE TOWARD NONE
The judge advocate handed the telegram to the presiding officer as Warren stepped forward.
"I respectfully submit to the court," he said, quietly, "that the first charge against my client is quashed. You have ruled not to admit hearsay evidence. Symonds' testimony in regard to the securing of that despatch from Major Pegram is hearsay. Furthermore, he declares on direct examination that my client's handwriting is not the same as that of the despatch. My client has already been vindicated of the second charge; the first is non-proven. Again I demand my client's honorable acquittal at your hands."
The judge advocate rose to sum up his case, but his argument was interrupted by the entrance of an orderly who handed him a note which he read in haste; and he changed the words almost on his lips.
"May it please the court," he said. "I have received word that new and most important testimony has been discovered relating to the first charge against the accused——"
"You are too late, Mr. Judge Advocate," exclaimed Warren, hotly. "I have already presented my argument to the court. The case is closed!"