This witness was cross-examined by the Judge Advocate, who, it is
known, combines in his own person the office of prosecutor on the part
of the United States and counsel for the prisoner, or rather, if he be
honest, he acts as impartial inquirer and arbiter between the two.
As no new facts were gained by the cross-examination, the Judge
Advocate proceeded to call the next witness, Colonel Le Noir.
Here, then, was a gentleman of most prepossessing exterior, as well as
of most irreproachable reputation.
In brief, his testimony corroborated that of the foregoing witness, as
to the finding of the prisoner asleep on his post at the time and place
specified. In honor of his high social and military standing, this
witness was not cross-examined.
The next called was Lieutenant Adams, who corroborated the evidence of
former witnesses. The last person examined was Ensign Baker, whose
testimony corresponded exactly to that of all who had gone before him.
The Judge Advocate then briefly summed up the case on the part of the
United States--first by reading the 46th Article of War, to wit, that: "Any sentinel who shall be found sleeping on his post, or shall leave
it before he shall be regularly relieved, shall suffer death," etc.,
etc., etc.
And secondly, by reading the recorded evidence to the effect that: Traverse Rocke had been found by competent witnesses sleeping on his
post.
And concluded by saying: "Gentlemen, officers of the court-martial, here is the law and here is
the fact both proven, and it remains for the court to find a verdict in
accordance with both."
The prisoner was then put upon his defence.
Traverse Rocke drew himself up and said, that the truth, like the
blessed sun, must, on its shining forth, dispel all clouds of error;
that, trusting in the power of truth, he should briefly relate the
history of the preceding seven days. And then he commenced and narrated
the facts with which the reader is already acquainted.
Traverse was interrupted several times in the course of his narrative
by the President, General W., a severe martinet, who reminded him that
an attempt to criminate his superior officers would only injure his
cause before the court.
Traverse, bowing, as in duty bound to the President at every fresh
interruption, nevertheless proceeded straight on with his narrative to
its conclusion.
The defence being closed, the Judge Advocate arose, as was his
privilege, to have the last word. He stated that if the prisoner had
been oppressed or aggrieved by his superior officer, his remedy lay in
the 35th of the Articles of War, providing that any soldier who shall
feel himself wronged by his captain shall complain thereof to the
Colonel of his Regiment.