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The only witnesses were the soldiers who had found him lying in the bush beside the corpse of Major Slocum. Morton peremptorily refused to answer questions. “You place us in a painful position, Lieutenant Morton, by refusing to answer, for we must conclude that you can give no satisfactory explanation of the circumstances under which you were captured. A foul, a diabolical murder has been committed, and everything points to you as being, at least, a party to it. Your wound in itself is witness against you that you assailed our late comrade-in-arms.”

Morton rose to his feet, and holding up his hand said: “Gentlemen, I stand before you expecting to receive sentence of death and to be shortly in presence of my Maker. At this solemn moment, I repeat my declaration, that I had no part in the death of Major Slocum, that I did not consent to it and that if it had been in my power I would have saved him.”

“I submit, Mr President,” said a member of the court, “that the statement we have just heard is tantamount to Lieutenant Morton’s declaring he knows how and by whom Major Slocum came to his death. As one who has practised law many years, I assert that the statement just made is a confession of judgment, unless the defendant informs the court who actually committed the murder and declares his willingness to give evidence for the state. If a man admits he was witness to a murder and will not tell who did it, the court may conclude he withholds the information for evil purpose, and is justified in sentencing him as an abettor at least. In this case, the wound of the accused points to his being the principal. Before falling, Major Slocum, in his heroic defence, deals a disabling wound to this pretended British officer who thereupon leaves it to his associated red-skins to finish him and wreak their deviltry on the corpse.”