CHAPTER X.

Sorrow for Andrews--Prepare for Trial--Charges and Specifications--Plan of Defence--Incidents of Trial--Encouragement--Not Allowed to Hear Pleading--Lawyers' Plea--Seven Tried--Mitchel Dissolves the Court--Tied Again--A Saucy Reply--Advantage of Sickness--Fry Deceived--Revolting Inhumanity--Fry's Capture--Starve to Atlanta--Taunts of the Mob--Atlanta Prison--A Kind Jailor.

We, who were at Knoxville, read of the recapture of Andrews with the most poignant regret, though we knew not yet that he had received the sentence of death. Of Wollam we heard nothing.

We were well supplied with papers here, as there were plenty of Union people who ministered to our wants. One day we received a paper containing an account of the execution of Andrews. It was awful news to us. We had been engaged, just before, in all kinds of games and story-telling, for we were always merry, and never suffered ourselves to indulge in gloomy forebodings. But when this news came, all noise and merriment were hushed, and we passed a whole day in the most heartfelt mourning. We all loved our leader, and would willingly have engaged in the most desperate enterprise to save his life; but, alas! he was gone, and there was no chance even for that vengeance for which our souls thirsted.

Before we had been long at Knoxville, we were notified to prepare for trial. We requested that we should all be tried at once, as our cases were precisely alike. When this was not granted, we next asked that one might be tried, and his sentence be the sentence of the whole party. But this too, was refused, with the reply that they knew their own business best. We were forced to accept this decision, though we could not imagine why it was that they should thus insist on trying but one at a time. The only reason that I can yet conjecture for this proceeding is, that it would have looked too absurd to arraign twenty-one, or even twelve men, all in a body, and from one brigade, as spies.

They allowed us the privilege of counsel, and we employed two good Union men, Colonels Baxter and Temple, who volunteered their services. We were each to pay them one hundred and fifty dollars, and as fast as we were tried, to give our notes for that amount.

The charges and specifications of William Campbell were first handed in. He was a citizen, but claimed to be a soldier, and we endorsed his position. The charge against all who were brought to trial was for "lurking in and around Confederate camps as spies, for the purpose of obtaining information." Not a word was said of taking the cars, or of anything we really did do.

Our plan of defence has been partly indicated before. It was to tell just who we were, and what we had done, with the exceptions of the pranks we had played on the rebel citizens coming down, and to claim that we were United States soldiers, detailed on a military expedition without our consent, and therefore entitled to the protection accorded to regular prisoners of war. This was put into words, and read on the trial as the acknowledgement of the party while pleading "not guilty" to the charge. The only evidence they had was of the men who pursued us on the train, and also of those who afterward arrested us; but of course none of these knew anything of our lurking around the camps.

George D. Wilson related a ludicrous incident that occurred when he was on trial, and which fitly illustrates the desire they had to convict us. It was of a young lieutenant belonging to the court-martial, who requested to be sworn, saying that he could tell of at least one place we had passed the Confederate guards. On his request being complied with, he testified that we crossed their picket-line at the ferry, on the evening of our first arrival at Chattanooga. Immediately the president of the court arose, and said that he commanded the guard that day, and no guard was placed at the ferry. The whole court was instantly in a roar of laughter, and the confusion of our would-be convictor may be better imagined than described.

Our lawyers were delighted with the course we took, and said that it had deranged all the plans of the prosecution, and that they had not a particle of evidence against us; that if we were convicted now, it would be through mere prejudice and perjury on the part of the court.

As the trial of different ones proceeded, we had still greater encouragement from the court itself. Members called on us, and told us to keep in good heart, as there was no evidence before them to convict any one. This cheered us somewhat, but there was still one thing which I did not like, and which looked as if something was wrong. The court would not let our boys be present to hear the pleading of counsel on either side, though they urgently requested it. They could neither hear what our lawyers had to say for them, nor what the Judge Advocate urged against them. This seemed still stranger, because Andrews had not been debarred this privilege. But they used our soldiers with even less show of justice than had been accorded to him.

After three or four had been tried, one of our lawyers visited the prison, and read to us the plea which he said he had read to the court. It was an able paper. I still remember its principal features. He contended that our being dressed in citizens' clothes was nothing more than what the Confederate government had expressly authorized, and that it was done by all the guerillas in the service of the Confederacy, whenever it was for their interest. And he cited the instance of General Morgan having dressed his men in Federal uniform, and passed them off as belonging to the Eighth Pennsylvania Cavalry, by which means he succeeded in reaching a railroad and damaging it. Also that our government had captured some of these very men, and treated them as prisoners of war. This instance was mentioned to show that our being dressed in citizens' clothes did not take from us the right to be treated as United States soldiers. The plea went on further to state that we had told the object of our expedition; that it was a purely military one, for the destruction of communications, and as such, entirely lawful according to the rules of war. What reply the Judge Advocate made to this, we never had the means of ascertaining.

The trials proceeded rapidly. One man was taken out each day, and in about an hour returned. The table in the court room was covered with bottles, newspapers, and novels, and the court passed its time during trial in discussing these. This was very well if the trial was, as they said, a mere matter of formality; but if it was a trial in earnest, on which depended issues of life or death, it was most heartless conduct.

At last the number of seven was reached, and they would probably have proceeded in trying others, had not General Mitchel, who was continually troubling them, now advanced, and shelled Chattanooga from the opposite side of the Tennessee river. This at once broke up the court-martial, and sent the officers in hot haste to their regiments to resist his progress. Soon after, General Morgan advanced through Cumberland Gap, and threatened Knoxville, which also rendered it necessary to remove us.

They came in with ropes and began to tie us. We did not at first understand this, and some supposed we were to be taken out for execution; but we soon became convinced that it was only a change of place. They arranged us for transportation by first binding our hands together; then, fixing our arms securely in the loops of long ropes, tied them firmly to our sides, after which we were coupled two and two. Ropes were used in fastening us instead of irons as before, because they had borrowed the latter for some Union prisoners, who had just been sent to Richmond; therefore we had to be content with a most liberal allowance of cotton rope. While they were thus arranging our manacles, I had a most amusing passage-at-words with the adjutant who was superintending the operation. I said to him as politely as I could:

"I suppose, sir, our destination is not known?"

"It is not known to you at any rate, sir," was the gruff rejoinder.

This was noticed by the whole party, and I felt rather beaten; but a moment later came my chance for revenge. He turned again to me, and said, in a dictatorial manner:

"Who was it that run your engine through?"

I bowed and returned in the blandest tone, "That is not known to you at any rate, Sir."

All around roared with laughter, and the adjutant, reddening to the eyes, turned away, muttering that he believed I was the engineer myself!

When everything was in readiness, we bade an adieu to the capital of down-trodden East Tennessee. Oh! what bitter memories cluster around that old gloomy building. It has been one of the principal instruments in crushing the life and loyalty out of the hearts of a brave, but unfortunate people. May the day soon come when the suffering of East Tennessee will be richly repaid on the heads of its guilty authors!

While we remained here, our fare was of the most scanty character. We received it only twice a day, and then in homeopathic doses. We continually suffered with hunger while we were well. I, myself, became quite sick during our imprisonment here, and continued so for most of the summer. Several others were in the same condition. This was rather an advantage, for when sick we did not so much mind the scantiness of our diet.

A number of Tennesseeans were removed with us. Among them was Captain Fry and Mr. Pierce. In conversation with the former, I learned the full particulars of his history, some incidents of which I had heard before leaving our camp. He had raised a company of his neighbors, and running the gauntlet of guarded roads, succeeded in reaching our army in Kentucky. Here he was elected captain, and remained for some time. After a while, the general in command wished him to go into Tennessee, and there destroy the bridges on the Virginia and Tennessee Railroad; then to raise the loyal citizens of that vicinity, and hold the country till our forces could arrive. He refused to go, until assured of support from McClellan himself, who was at that time (the fall of 1861) in command of the whole United States army, and who promised that a column should advance as soon as Fry succeeded. With this assurance, he departed on his perilous mission. He aroused the Union men in both Virginia and Tennessee, burned the bridges, and thus for a time destroyed the most important rebel line of communication; and, with a force of fifteen hundred men, held the entire country embraced in his operations, and even seriously threatened Knoxville itself. Now was the time for our forces to have struck the decisive blow, and not only have redeemed East Tennessee from its chains, but also severed the rebellion in halves! It was perfectly practicable. A large body lay near Camp Dick Robinson, with only a trifling force in front to impede its progress. But in the meantime, McClellan had changed his plans, and without warning Fry, left him and his brave companions to their fate. The struggle was a brief one; the secessionists, thus left to themselves, concentrated an overwhelming force against him. Several skirmishes were fought, and finally the Union force was compelled to disperse. Some of them succeeded in reaching our lines in Kentucky. Others were caught, and several of these were hung without a trial! Such were some of the murders that first rendered General Leadbetter notorious!

One of these cases is almost too horrible for belief. I would hesitate to record it, were I not assured of its truth by the testimony of eyewitnesses separated by hundreds of miles. It was of a man named named Whan, who, on being arrested, acknowledged that he helped to burn the bridges, but refused to describe his companions. For this, he was put into a barrel driven full of small, sharp-pointed nails, and rolled down a steep hill--then taken out, all bleeding, and hung! This was on Saturday and he, with his companions, was allowed to hang till Monday night, when some of his friends, at the risk of their own lives, came and took them down! Should we compromise with such fiends in human shape, and purchase their fellowship again, or give them the puishment that injured humanity demands?

Fry passed the whole winter in the wild mountains with which Tennessee abounds, and in the spring he again gathered his neighbors together, a regiment strong, and tried to reach the Union lines. Near the border, he was attacked by a superior rebel force, and after a severe contest, his band was dispersed, himself wounded and taken prisoner. This was on the 5th of March, and he remained in solitary confinement until he joined us on the 13th of June. He was an uneducated man, but possessed of great natural ability, and the most undaunted courage, with a heart as tender and sympathetic as a child's.

We took no rations along, and were obliged to starve through, as we now had no guerillas along to buy us pies. On the way, the populace taunted us with Andrews' death, and charitably hoped that we might soon meet the same fate. But some of the officers talked with us in a friendly spirit, assuring us that we would not be hurt. This produced some impression, and taken in connection with what had been told us by members of the court-martial, and others at Knoxville, made us quite hopeful.

When we neared the Atlanta city jail, which was to be our abode for many weary months, a crowd gathered as usual, and a man who called himself mayor of the city began to insult Captain Fry, telling him that he knew him to be a rascal in his own country, and that he hoped soon to have the pleasure of hanging him. Then turning to us, he boasted that he had put the rope around Andrews' neck, and was waiting and anxious to do the same for us!

This prison was smaller than that at Knoxville, but was still a large edifice. The lower story was occupied by the jailor and his family. The upper contained four rooms, of which we, with Captain Fry, occupied one. The Tennesseeans were put into another, just across the entry from us. Our comrades, who had been left at Chattanooga, were in another; and the last one, which was on the same side as ours, was frequently occupied by negroes who had been in search of the North Star.

For some time here, our rations were comparatively good and abundant. But after awhile, the task of feeding us was taken from the jailor, who had at first assumed it, and then our fare became worse than it ever had been before. The jailor himself was a kind man, and rather of Union sentiments. He showed us all the favor in his power, and, indeed, became so much suspected, that an odious old man named Thoer was hired to watch him. The constant vigilance of this antiquated scoundrel, with the superintendence of the officers of the guard, who were always at hand, prevented the jailor from befriending us as much as his heart dictated.

Here we remained for a week in quietness and hope, thinking the worst of our trials were past. Little did we foresee how fearful a storm was soon to burst over us.