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."

Maj. Clymer said: "Well, I hope he was acquitted. I have slept many
a time on my horse during a hard march, when if I had been placed on
guard-duty I would have gone to sleep in five minutes."

"So have I," said Capt. Zeke Inglesby.

"Yes, yes. I have no doubt of that; but it is not the men who commit
acts against law that are always punished, but those who are caught.
These men seemed to think this a terrible crime in this boy, and yet,
perhaps, there was not one of them who could have done differently under
the same circumstances.

"After the witnesses had been heard against the poor boy, he showed
great mental suffering and agony; the disgrace to his parents and sister
was what troubled him so much. His company officers were sworn, and
stated that prior to this no complaint had ever been made against the
boy. That although they only knew him as a soldier, they had always
observed his neatness and soldierly appearance and bearing; they all
thought that the march the two days before and until 9 o'clock the night
on which he was found asleep on post, was calculated to tire out a boy
of his frail organization.

"The Chief Surgeon stated that a boy of his constitution would be very
likely to drop to sleep anywhere after such a strain upon his physical
strength.

"This closed the evidence with the exception of one witness. The boy
asked if he could make a statement to the Court. Some discussion
arose on this point. The Court was cleared, and Jackson said that he
afterwards learned that old Gen. Sleeman grew very angry at the idea
of refusing an innocent boy a chance to say a word in his own defense.
Finally, it was agreed that the boy might make his statement. He arose,
and, with a tremulous voice and much agitation, said:

"'Gentlemen of the Court: I am a poor boy. My life is of no value to
me, and but little to my country. I have risked it several times without
fear or nervousness. For my parents' sake I would like to go through
this war with an honorable record. To take my life would do me but
little harm. I can meet death as a true soldier. But what can this great
Government gain by taking my life? You can inflict ruin, distress and
misery upon an old man and woman, and upon