very busy writing the record of the week's session, he had excused himself to everybody else. There had been something of a scene before the adjournment that morning. The court was ordered to try "such other prisoners as might properly be brought before it," and it was understood that two deserters, captured at Tucson, had announced their intention of pleading guilty and throwing themselves on the mercy of the court. Higgins had been sent to Fort Yuma. It would take long weeks to get the evidence in his case from New Orleans, but the two victims at Cooke knew well that their case was clear. There was no use in fighting. The sooner they were tried the shorter term would they serve as prisoners. Nevins finished at ten o'clock. Loring's brief stupefaction was conquered not without evident effort. Vouchsafing no response to the plea of the accused for mercy, he announced that he submitted the case without remark, and the president nodded to Nevins the intimation that he might retire. Nevins slowly gained his feet, took a long look about the silent array, hesitated, and then with his eyes on Loring said:
"I should like to be assured that the judge advocate accepts the trust. It will be two or three months before the orders in my case can get back from Washington, meantime my pay is stopped and has been for three months back. My wife must have means to live on, and that's all I have to offer. There is no other way of getting it to her that I consider safe."
Loring's white hand was trembling visibly, but his head was bowed as though in painful thought. The president had to speak. "I presume you will not refuse, Mr. Loring?"
For another moment there was silence. At last, slowly, the judge advocate looked up, turned to the accused and said, "Write Mrs. Nevins' address on that," holding forth as he did so a heavy official envelope. Wrapping the pin and ring together in note paper he stowed them in a smaller envelope, moistened the gummed flap, closed it and slid it within the heavier one which Nevins, after addressing, laid before him. Then turning to the president, Loring calmly bowed and said, "I will accept, sir."
Five minutes later, cleared of all persons except the members and the judge advocate, who in those days did not withdraw during the deliberations of the court, this open-air temple of military justice was given over to the discussion on the findings and the determination of the sentence. In low, grave tones those members who had opinions to express gave utterance to their views. The votes on each specification and to the various charges were recorded, and finally the sentence was arrived at. By 11:30 the case of Brevet-Captain Nevins was practically concluded and the president, eager as were his associates to finish their work after their long detention at this hot, barren, yet not inhospitable post, looked briskly up at the silent, somber young officer at the opposite end of the long table.
"Shall we take ten minutes' recess and have a stretch before you go on with the next case, Mr. Judge Advocate? I understand both victims plead guilty and we can do 'em up in thirty minutes."
Nevins' watch was going the rounds of the court at the moment, its beautiful and costly case and workmanship exciting general admiration. Again the judge advocate was slow and hesitant in his reply, utterly unlike the prompt, alert official whose conduct of the trial had won golden opinions from every man, old or young, in the service. It was nearly half a minute before he spoke, and then only after the president reminded him that several officers wished to start that afternoon for the Gila so as to meet the eastward stage at Sancho's two days later.
"Give me an hour, sir. I cannot go on sooner."
Out under the canvas shelter at the adjutant's office stood the two prisoners with their guards. For an hour or more they had been waiting their turn. A shade of disappointment stole over one or two faces, but the president's answer was prompt.
"Certainly, Mr. Loring. The court owes it to you," and the recess was declared accordingly. The post quartermaster was one of the junior members and Loring detained him. Bidding the orderly remain in charge of the premises he turned to this official.
"You have a safe at your office. Will you permit me to place these in it?—and come with me until I do so?"
"Certainly. Come right along. It's but a step."
Wrapped in a silken handkerchief Nevin's watch, with the envelope containing the diamonds, was stored in a little drawer within the safe and securely locked. "You need a drink," said the quartermaster to the engineer, noting again his pallid face.
"None, I thank you," said Loring briefly, and without another word he took himself straightway to Major Starke's. At 12:30 when court reconvened the judge advocate went swiftly and methodically through his work, read the orders, propounded the usual questions, swore the court, took his own oath, read the charges and recorded the pleas without loss of a second of time or use of a superfluous word. At 1:15 the court stood adjourned sine die, leaving the president and judge advocate to finish and sign the record. By 3 P. M. five of its members, in the one "four-mule" road wagon belonging at Cooke, were speeding southward, hoping to catch the stage to take them to their posts lying far to the east. By midnight the record was well-nigh complete, and Loring, locking up the papers, stepped softly out into the starlight.
Over across the contracted parade a lamp was burning dimly at the guard tents and several others flared at the brush and canvas shack of the sutler. Everywhere else about Camp Cooke there was silence and slumber. The muttered word of command as the half-past-twelve relief formed at the guard tent, the clink of glasses and murmur of voices, sometimes accentuated by laughter, came drifting on the night from the open clubroom. Beyond the guard tents the dim walls of the corral loomed darkly against the dry, cloudless, star-dotted sky that bordered the eastern horizon. The sentry, slowly pacing his beaten path along the acequia that conducted the cool waters of the Yavapai, from the northward hills to the troughs in the corral, moved noiseless, dim and ghostly, and Loring, listening for a moment to the faint sounds of revelry at the shack, turned away to the north, passed the rude shelters which had been built by the labor of troops for the accommodation of the officers and the few families there abiding, and found himself presently on the open plain full a hundred yards out from the buildings and beyond the post of the sentry on that flank, who, far over at the west end of his long beat at the moment, was dreaming of the revels he'd have when his discharge came, and neither heard nor saw the solitary officer whose one desire was to get away by himself to some point where he could calmly think. He needed to be alone. Even Blake, whom he had grown to like and whom he believed to be still at the camp, would have been in the way.
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