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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