"Ah, Herbert, I thank you, most faithful of friends, but I doubt whether you can a.s.sist me in any other manner than in being kind to my poor mother and my dear Clara when I am gone--for ah, old playmate, the act can be too surely proved upon me, and the penalty is certain--and it is death!" said the poor boy, deeply sighing.

Herbert groaned, and said:

"But tell me, at least, the history of the four days preceding your arrest."

"I will. Let me see--this is Friday. Well, until this morning's fatal sleep, I had not slept since Sunday night. Monday was pa.s.sed in the usual routine of military duty. Monday evening I was sent on a reconnoitering expedition to the old castellated Spanish fort of the Casa de Mata, that occupied the whole night. On Tuesday morning I was selected to attend the messenger who went with the flag of truce into the city to carry our General's letter of expostulation to Santa Anna, which employed the whole day. On Tuesday night, without having had an hour's rest in the interval, I was put on guard. Wednesday morning I was sent with a party to escort an emigrant caravan across the marsh to the village of Churubusco. Wednesday afternoon you saw me on guard and I told you that I had not slept one hour for three days and nights."

"Yes, you looked ill enough to be ordered on the sick list."

"Yet, listen. Thoroughly exhausted as I was, on Wednesday night I was ordered to join a party to go on a secret reconnoitering expedition to the Molina-del-Rey. On Thursday morning I was sent out with another party on a foraging tour. On Thursday night I was sent in attendance upon the officer who carried despatches to General Quitman. On Friday morning I was set on guard between the hours of four and eight!"

"Oh, heaven, what an infamous abuse of military authority!" exclaimed Herbert, indignantly.

"Herbert, in my life I have sometimes suffered with hunger, cold and pain, and have some idea of what starving, freezing and torture may be, but among all the ills to which flesh is heir, I doubt if there is one so trying to the nerves and brain of man as enforced and long-continued vigilance, when all his failing nature sinks for want of sleep.

Insanity and death must soon be the result."

"Humph! Go on. Tell me about the manner of their finding you," said Herbert, scarcely able to repress his indignation.

"Well, when after--let me see--eighty-four--ninety--ninety-six hours of incessant watching, riding and walking, I was set on guard to keep the morning watch between four o'clock and eight, 'my whole head was sick and my whole heart faint'; my frame was sinking; my soul could scarcely hold my body upright. In addition to this physical suffering was the mental anguish of feeling that these men had resolved upon my death, and thinking of my dear mother and Clara, whose hearts would be broken by my fall. Oh! the thought of them at this moment quite unmans me. I must not reflect. Well, I endeavored with all the faculties of my mind and body to keep awake. I kept steadily pacing to and fro, though I could scarcely drag one limb after the other, or even stand upright; sleep would arrest me while in motion, and I would drop my musket and wake up in a panic, with the impression of some awful, overhanging ruin appalling my soul. Herbert, will you think me a miserably weak wretch if I tell you that that night was a night of mental and physical horrors? Brain and nerves seemed in a state of disorganization; thought and emotion were chaos; the relations of soul and body broken up. I had but one strong, clear idea, namely, that I must keep awake at all costs, or bring shameful death upon myself and disgrace upon my family.

And even in the very midst of thinking this I would fall asleep."

"No power within yourself could have prevented it; indeed, you had to drop into sleep or death!"

"I pinched myself, I cut my flesh, I burned my skin, but all in vain.

Nothing could withstand the overwhelming power of sleep that finally conquered me, about five o'clock this morning. Then, in the midst of a delightful dream of mother and Clara and home, I was roused up by a rude shake, and awoke to find my musket fallen from my hands, and my Captain and Colonel standing over me. It was several minutes before I could travel back from the pleasant land of sleep and dreams and realize my real position. When I did I had nothing to say. The inevitable ruin I felt had come, and crushed me into a sort of dumb despair. Nor did my superior officers reproach me--their revenge was too perfect. The captain called a sergeant to take my gun, and I was marched off to my present prison. And, Herbert, no sooner was I left alone here than sleep overcame me again, like a strong man, and despite all the gloom and terror of my situation, despite all my thoughts of home and mother and Clara, I slept like a tired child. But this awakening. Oh! this awakening, Herbert!"

"Be of good courage. Let us hope that heaven will enable us to confound the plots of the evil, and save you!"

"Ah, Herbert, that will be impossible. The duty of a soldier is clear and stern; his punishment, if he fails in it, swift and sure. At the word of command he must march into the very jaws of death, as is right.

He must die or madden for the want of rest, rather than fall asleep on his post, for if he does, his punishment is certain and shameful death.

Oh, my mother! Oh, Clara! Would heaven I had fallen at Vera Cruz or Churubusco, rather than live to bring this dreadful sorrow upon you,"

cried Traverse, covering his convulsed face with his hands.

"Cheer up, cheer up, old comrade. All is not lost that is endangered, and we shall save you yet!"

"Herbert, you know it is impossible."

"No, I do not know any such thing!"

"You know that I shall be tried to-day and shot to-morrow! Oh, Herbert, never let my dear ones at home know how I shall die. Tell them that I fell before Chepultepec--which will be literally true, you know. Oh, my mother! Oh, my dear Clara, shall I never see you more? Never hear your sweet voices calling me? Never feel the kind clasp of your hands again?

Is this the end of a life of aspiration and endeavor? Is this the comfort and happiness I was to bring you?--early bereavement, dishonored names and broken hearts?"

"I tell you, no! You shall be saved! I say it!"

"Ah, it is impossible."

"No, it is only very difficult--so very difficult that I shall be sure to accomplish it!"

"What a paradox!"

"It is a truth. Things difficult--almost to impossibility--can always be accomplished. Write that upon your tablets, for it is a valuable truth. And now cheer up, for I bring you letters from Clara and your mother."

"Letters! from Clara! and mother! Oh, give them to me!" exclaimed the young man eagerly.

Herbert handed them, and Traverse eagerly broke the seals, one after another, and devoured the contents.

"They are well! They are well and happy! Oh, thank G.o.d they are so. Oh, Herbert, never let them know how I shall die! If they think I fell honorably in battle, they will get over it in time, but if they know I died a convict's death it will break their hearts. Oh, Herbert, my dear friend, by all our boyhood's love, never let my poor mother and dear Clara know the manner of my death!" cried Traverse, in an imploring voice.

Before he could say another word or Herbert could answer, an orderly sergeant entered and put into Major Greyson's hands a paper that proved to be a summons for him to attend immediately at headquarters to serve upon a court-martial, to try Private Traverse Rocke upon the charge of sleeping on his post.

"This is done on purpose to prevent me becoming a witness for the defense!" whispered Herbert to his friend, "but take courage. We will see yet whether you shall succeed!"

CHAPTER XXII.

THE COURT-MARTIAL.

I wish I could Meet all accusers with as good excuse, As well as I am certain I can clear Myself of this.

--Shakespeare.

Pursuant with the general orders issued from headquarters, the court-martial, consisting of thirteen officers, convened at Tacubaya, for the trial of Traverse Rocke, private in the ---- Regiment of Infantry, accused of sleeping on his post.

It was a sultry morning, early in September, and by seven o'clock the drum was heard beating before the Archiepiscopal palace, where it was understood the trial, involving life or death, would come off.

The two sentinels on guard before the doors and a few officers off duty, loitering about the verandas, were the only persons visible near the well-ordered premises, until the members of the court-martial, with the prosecutors and witnesses, began to a.s.semble and pa.s.s in.

Within a lofty apartment of the building, which was probably at one time the great dining-hall of the priests, were collected some twenty persons, comprising the court-martial and its attendants.

An extension table covered with green cloth occupied the middle of the long room.

At the head of this table sat General W., the president of the court.

On his right and left, at the sides of the table, were arranged the other members according to their rank.

At a smaller table, near the right hand of the President, stood the Judge Advocate or prosecutor on behalf of the United States.

At the door stood a sentinel on guard, and near him two or three orderly sergeants in attendance upon the officers.

The Judge Advocate opened the court by calling over the names of the members, beginning with the President and ending with the youngest officer present, and recording them as they responded.

This preliminary settled, orders were despatched to bring the prisoner, prosecutor and witnesses into court.

And in a few minutes entered Colonel Le Noir, Captain Zuten, Ensign Allen and Sergeant Baker. They were accommodated with seats near the left hand of the President.

Lastly, the prisoner was brought in guarded, and placed standing at the foot of the table.