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the court that John Folsom, of Gate City, knew where that witness was in hiding, and that she could be reached through him, whereupon the judge advocate seemed to lose his eagerness. Something was wrong with the prosecution anyway. It had begun with truculent confidence. It was unnerved by the serene composure of the accused, and his refusal to object to anything, to cross-examine, to avail himself of any one of the privileges accorded the defense. This could have only one interpretation, and Nevins, twitching with nervous dread, was worrying the judge advocate with perpetual questions as to the witnesses for the defense. When were they to be produced? Who were they? And the judge advocate did not know. Very unfairly had he been treated, said he, for the list of witnesses for the defense not only had not been furnished him, but he had never been "consulted." Two or three "stuck-up" Engineers had come out from St. Louis and Detroit, and Loring and they had been actually hobnobbing with the department commander. But the mere fact that the meeting of the court was delayed until the end of September proved that they must be coming from the Pacific coast, at which announcement Petty looked perturbed and Nevins twitched from head to foot. He didn't suppose, he said, the United States would stand the expense of fetching witnesses way from California, transportation and _per diem_ would cost more than the whole business was worth.--and the judge advocate was wishing himself well out of it when, on a sunny Friday morning, the third day of the court, the president rapped for order and the big roomful of spectators was hushed to respectful silence. The defense had made its first request, that the principal witness for the prosecution, Nevins, should be present, and there he sat, nervous and fidgety, as Loring was serene. In halting and embarrassed fashion, very unlike the fluent ease with which he opened the case, the judge advocate announced that, owing to the impossibility of compelling the testimony of witnesses on whom he had relied, he was obliged to announce that the prosecution would here rest. The defense, of course, he said, vaguely, would wish to be heard, though he had not been honored with any conference or even a list of the witnesses. Then he looked inquiringly at Loring, and every neck in the thronged apartment, the biggest room at headquarters, was "craned" as Loring quietly handed him a slip of paper. The ju
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