tell of
at least one place we had passed the Confederate guards. On his
request being complied with, he testified that we crossed their
picket-line at the ferry, on the evening of our first arrival at
Chattanooga. Immediately the president of the court arose, and said
that he commanded the guard that day, and _no guard was placed at the
ferry_. The whole court was instantly in a roar of laughter, and the
confusion of our would-be convictor may be better imagined than
described.

Our lawyers were delighted with the course we took, and said that it
had deranged all the plans of the prosecution, and that they had not a
particle of evidence against us; that if we were convicted now, it
would be through mere prejudice and perjury on the part of the court.

As the trial of different ones proceeded, we had still greater
encouragement from the court itself. Members called on us, and told us
to keep in good heart, as there was no evidence before them to convict
any one. This cheered us somewhat, but there was still one thing which
I did not like, and which looked as if something was wrong. The court
would not let our boys be present to hear the pleading of counsel on
either side, though they urgently requested it. They could neither
hear what our lawyers had to say for them, nor what the Judge Advocate
urged against them. This seemed still stranger, because Andrews had
not been debarred this privilege. But they used our soldiers with even
less show of justice than had been accorded to him.

After three or four had been tried, one of our lawyers visited the
prison, and read to us the plea which he said he had read to the
court. It was an able paper. I still remember its principal features.
He contended that our being dressed in citizens' clothes was nothing
more than what the Confederate government had expressly authorized,
and that it was done by all the guerillas in the service of the
Confederacy, whenever it was for their interest. And he cited the
instance of General Morgan having dressed his men in Federal uniform,
and passed them off as belonging to the Eighth Pennsylvania Cavalry,
by which means he succeeded in reaching a railroad and damaging it.
Also that our government had captured some of these very men, and
treated them as prisoners of war. This instance was mentioned to show
that our being dressed in citizens' clothes did not take from us the
right to be treated as United States soldiers. The plea went on
furthe