the tell-tale knife and hurled it into the swamp, destroying the evidence of her husband's innocence when she sought to conceal one evidence of his guilt. This, I say, is a theory. You remember her cry was, 'Run!"" His listeners stirred, and a whisper went round the

room.

"But there is other evidence, gentlemen of the jury. Should I be forced to ask for a new trial, it will be developed that this poor woman, repentant now, thank God! walked in three days from the scene of that tragedy to my home, seventy miles away, to ask my aid and counsel; that, eluding me in Macon, though footsore and weary and crazed with grief she returned by night to that swamp, and laboring under an excitement as intense as the first, that brought the scene before her so vividly that she was enabled to find the knife, did find it, and but that an accident to my vehicle delayed me it would have been offered here in evidence" "May it please your Honor," said the solicitor, "much as I dislike to interrupt the

honorable gentleman, I do not think it is proper to introduce with the argument evidence that has not been offered upon trial."

"If your Honor please," and the speaker turned to the prosecuting officer with quiet dignity and gentleness that disarmed him at once," a decision upon such a proposition is not needed. I willingly admit what is claimed. But, sir, I offer no evidence, not even this knife, with the name of the deceased upon it, though it comes to me direct from the hand of the woman who, it has been proved, snatched almost from under his hand a weapon, when he fell to the ground. I am but arguing a theory to account for the facts that have been proved. But, gentlemen of the jury," and the knife fell to the table as he turned away from it,-"not upon this theory, not upon these facts, do I base the assertion that the deceased had a knife in his hand when he made the assault, I speak from a knowledge of men. Ben Thomas would never have stabbed an unarmed man." The General looked around

slowly and searched the court-house with his eye, as if daring contradiction. "Why do I say this?" he continued, turning to the court. "Because I know he is as brave a man as ever faced death; a faithful man; a powerful man, and conscious of his power. Such men do not use weapons upon unarmed assailants." The audience stirred in their seats. The speaker turned again to the jury. "I speak to men who reason. True reasoning with such is as strong as proof. A brave man who is full of strength never draws a weapon to repel a simple assault. The defendant drew when he saw a glittering knife in the hand of his foe,- not from fear, because he could have fled, but to equalize the combat. He was cool and calm; you know the result.

"Why do I say he is brave? Every man on this jury shouldered his musket during the war. Most of you followed the lamented Pickett. Some perhaps were at Gettysburg." Two or three heads nodded assent. "I was there too!" A murmur of applause ran round the room, the old man's war record was a household legend. It is even said that the court joined in. "I, and the only brother God ever gave me." The veteran bowed his head; his voice sank to a whisper. "A part of him is there yet," his hand shook slightly as he moved his cane farther on the desk, and rested upon the Code,—“ a part of him, but not all; for, God be praised, we picked up whatever was left of him and brought it back to Georgia. "I well remember that fight. The enemy stood brave and determined, and met our charges with a courage and grit that could not be shaken. Line after line melted away during those days, and at last came Pickett's charge. When that magnificent command. went in, a negro man, an humble African, a captain's body-servant, stood behind it, shading his eyes with his hand, waiting. You know the result. Out of that vortex of flame and that storm of lead and iron a handful drifted back. From one to another this man of black skin ran, then turned and followed in the track of the charge. On, on, he went, under my very glass, for it was my misfortune to stay behind; on through the smoke and the flame; gone one moment and in sight the next; on up to the flaming cannon themselves. Then there he

bent and lifted a form from the ground. Together they fell and rose, and this three times, until, meeting them half-way, I took the burden from the hero and myself bore it on to safety. That burden was the senseless form of my brother," here he turned and walked rapidly to the prisoner, his hand lifted on high, his voice ringing like a trumpet,-"gashed, and bleeding, and mangled, but alive, thank God! And the man who bore him out, who came to me with him in his arms as a mother would carry a sick child, himself shot with the fragment of a shell until his great heart was almost dropping from his breast,-that man, O my friends, sits here under my hand! See, if I speak not the truth!" He tore open the prisoner's shirt and laid bare his breast, on which the silent splendor of the afternoon sun streamed. A great ragged seam marked it from left to right. "Look!" he cried," and bless the sight, for that scar was won by a slave in an hour that tried the souls of freemen and put to its highest test the best manhood of the South. No man who wins such wounds can thrust a knife into an unarmed assailant. I have come seventy miles in my old age to say it."

It may have been contrary to the evidence, but the jury, without leaving their seats, returned a verdict of "not guilty," and the solicitor, who bore a scar on his own face, smiled as he received it.

"The prisoner," said the court, rapping for order, "is discharged."

"Yes, sah," said Ben, rising and flashing a set of dazzling ivories at the judge. "I knowed hit uz all right soon es I laid eyes on Marse Bob's ole gray head."

THE evening shadows gather over Black Ankle. A young woman with a baby at her breast sits, weary of eye and limb, under the spreading gum-tree by the spring. Slowly the yellow rooster leads his followers up the rail to the shed, and the lean cow at the picketgate lows for entrance. Suddenly out of the valley of the shadow of death itself— a man comes and rests his hand upon the woman's head. Then the twilight deepens, and we see them no more.

H. S. Edwards.

VOL. XXXV.-66-67.

Union War Songs and Confederate Officers.

THE reading of Mr. Brander Matthews's "Songs of the War," in the August number of THE CENTURY, vividly recalls to mind an incident of my own experience which seems to me so apt an illustration of the effect of army songs upon men that I venture to send it to you, as I remember it, after twenty-two years.

66

A day or two after Lee's surrender in April, 1865, I left our ship at "Dutch Gap," in the James River, for a run up to Richmond, where I was joined by the ship's surgeon, the paymaster, and one of the junior officers. After "doing" Richmond pretty thoroughly we went in the evening to my rooms for dinner. Dinner being over and the events of the day recounted, the doctor, who was a fine player, opened the piano, saying: "Boys, we've got our old quartette here; let's have a sing." As the house opposite was occupied by paroled Confederate officers, no patriotic songs were sung. Soon the lady of the house handed me this note: Compliments of General - and Staff. Will the gentlemen kindly allow us to come over and hear them sing?" Of course we consented, and they came. As the general entered the room, I recognized instantly the face and figure of one who stood second only to Lee or Jackson, in the whole Confederacy. After introductions and the usual interchange of civilities, we sang for them glees and college songs, until at last the general said: "Excuse me, gentlemen, you sing delightfully, but what we want to hear is your army songs.' Then we gave them the army songs with unction, the “Battle Hymn of the Republic," "John Brown's Body," "We're Coming, Father Abraham," "Tramp, Tramp, Tramp, the Boys are Marching," through the whole catalogue, to the "Star-spangled Banner,"— to which many a foot beat time as if it had never stepped to any but the "music of the Union," — and closed our concert with "Rally Round the Flag, Boys." When the applause had subsided, a tall, fine-looking fellow in a major's uniform exclaimed, "Gentlemen, if we 'd had your songs we'd have licked you out of your boots! Who could n't have marched or fought with such songs? While we had nothing, absolutely nothing, except a bastard Marseillaise,' the Bonny Blue Flag,' and 'Dixie,' which were nothing but jigs. Maryland, my Maryland' was a splendid song, but the true, old Lauriger Horatius' was about as inspiring as the Dead March in Saul,' while every one of these Yankee songs is full of marching and fighting spirit." Then turning to the general he said: "I shall never forget the first time I heard Rally Round the Flag.' 'T was a nasty night during the Seven Days' Fight,' and if I remember rightly it was raining. I was on picket, when, just before 'taps,' some fellow on the other side struck up that song and others joined in the chorus until it seemed to me the whole Yankee army was singing. Tom B—, who was with me, sung out, 'Good heavens, Cap, what are those fellows made of, anyway? Here we 've licked

'em six days running and now, on the eve of the seventh, they're singing "Rally Round the Flag." I am not naturally superstitious, but I tell you that song sounded to me like the knell of doom,' and my heart went down into my boots; and though I've tried to do my duty, it has been an up-hill fight with me ever since that night."

The little company of Union singers and Confederate auditors, after a pleasant and interesting interchange of stories of army experiences, then separated, and as the general shook hands at parting, he said to me: "Well, the time may come when we can all sing the 'Star-spangled Banner' again." I have not seen him since. Richard Wentworth Browne.

General Edwards's Brigade at Spotsylvania. IN the interesting article in the June CENTURY, entitled "Hand-to-Hand Fighting at Spotsylvania," the author, while generally accurate and graphic, unaccountably omits any reference to that brigade of the Sixth Corps which was first engaged there, which was holding the key to the position when his own (Upton's) brigade came upon the field, and which, without egotism, can claim to have fought longer and more effectively than any other brigade of the Sixth Corps engaged. This honorable claim is made for the Fourth Brigade, Second Division, commanded by Colonel Oliver Edwards, which on that day had present for duty three small regiments, the 10th and 37th Massachusetts and the 2d Rhode Island. This claim is based upon the following facts:

When the two divisions of the Sixth Corps, which had been massed the previous evening, were summoned to the support of General Hancock, whose Second Corps had penetrated the Confederate lines, General Wright, who had just assumed command of the Sixth Corps, directed that the first brigade under arms and ready to move should lead the way. Edwards's brigade was first in line and led the march of the corps. It moved to the vicinity of the Landrum House, passing the Confederate generals and some of the prisoners who had been captured by Hancock, and, reaching the edge of woods facing the scene of action, came into line of battle facing by the rear rank, and advanced toward the captured works with the 10th Massachusetts on the right, the 2d Rhode Island in the center, and the 37th Massachusetts on the left.

The situation at this time was simply this,-theforce of the Second Corps' attack had of itself broken up the organization of that command; the mass of men had been withdrawn to the outer face of the Confederate works and re-formed as well as possible under the circumstances. By the time this was accomplished the Confederates were prepared to undertake the recapture of the works they had lost. Then it was that Edwards's brigade moved forward and occupied the outer face of the intrenchments, relieving some troops already there

and connecting with the Excelsior Brigade. As the command came into position, it covered the nose or apex of the angle with the Rhode Island regiment, the 10th Massachusetts extending along the right face.

The brigade was scarcely in position when the Confederates advanced to the attack, the ground being extremely favorable for their purpose. On their side of the works it was wooded, and, in addition, scarcely forty yards to the rear of the fortifications was a hollow or a ravine which formed a natural siege approach. In that ravine, almost within pistol-shot of the Union lines, they were enabled to form columns of assault entirely screened from view, and the resulting attack had the appearance of lines of battle suddenly springing from the bosom of the earth. Three times in rapid succession their columns formed and rushed upon the angle held by Edwards and his nine hundred men, and as often did the deliberate fire of the Fourth Brigade repel the attack with terrible slaughter. To the right of Edwards's position, however, the defense was not so successful; the Union troops were driven back from the intrenchments, a force of Confederates crossing the works and taking position in a piece of woods, which gave them an enfilading fire on Edwards's right, so severe and well directed that it threw his 10th Regiment into confusion. It was at this time that Upton's brigade came upon the field and, in the words of that officer himself, encountered so severe a fire that he was unable to occupy the intrenchments, but resting his left upon them, near Edwards's right, his brigade lay down and opened fire.

Thus three assaults had been repulsed by Edwards's brigade before any other troops of the Sixth Corps came upon the field. As soon as the development of the Union line to the right relieved the flank fire somewhat, the 10th Regiment was returned to its place in the works, and throughout the remainder of that memorable day the brigade held its position with a fire so deadly and well directed that no hostile lines of battle could live to cross the few yards between the works and the ravine spoken of. Once, indeed, by the use of a white flag the Confederates came near accomplishing by stratagem what they had failed to do by force of arms. This emblem of peace being displayed in front of the Fourth Brigade, an officer ranking Edwards, but himself ranked by General Eustis, who was present, unjustifiably ordered the Fourth Brigade to cease firing. Instantly the purpose of the movement was shown by the dash of the Confederate line of battle for the coveted works. Fortunately, however, Edwards and his command were on the alert, and repulsed the attack, but not until the hostile colors were for a moment planted on the works,-the only instance during the day in which anything like a line of battle was enabled to advance so far at that point.

Near night the brigade was relieved, but the 37th Regiment was almost immediately ordered back to hold the works which had been unceremoniously vacated by a regiment of the Second Corps out of ammunition. The guns of the 37th also were empty, but the brave fellows pushed their bayonets under the head log, and thus held the works until a fresh supply of am munition could be procured, when the firing was resumed and continued until 3 o'clock on the morning of the 13th.

This regiment was thus in action continually for more

than twenty hours, during which time it fired over four hundred rounds per man. At one time its guns became so foul that they could no longer be used, many of them bursting in the hands of the men. As it was impossible to relieve the line, a regiment from the Second Corps exchanged guns with the 37th, enabling the latter to continue their fire wi.hout interruption. It was in front of the right wing of this regiment and almost directly in the rear of the apex that the oak-tree, twenty-one inches in diameter, was cut down by bullets and fell within the Confederate lines.* I believe every regiment that fought anywhere in that part of the field claims to have shot down this particular tree; but in truth no single organization is entitled to all the credit. Certainly the Fourth Brigade, and especially its 37th Regiment, may claim the lion's share. Not only was this command engaged longer than any other, but all day the fire of the entire brigade was delivered under the head log, deliberately and well directed, and from the position of the troops a large portion of their fire concentrated at this point. Another fact, which would seem to settle the matter, was that the tree fell during the night, near midnight in fact, and hours after the firing had practically ceased on all parts of the line save at this vital point. James L. Bowen.

SPRINGFIELD, MASS.

The Lost War Maps of the Confederates

IN several published articles, and in several books by Confederate generals and civilians, there have been severe criticisms (some just and some unjust) in regard to the want of suitable maps for the guidance of our commanders. General D. H. Hill in THE CENTURY, and General Dick Taylor and Mr. Jefferson Davis in their books, have made special mention of this want, and General Long in his recent "Memoirs of Robert E. Lee" comes to the defense of that distinguished general from this implied blame, and remarks that "the want of maps should be placed where it properly belongs,-with the war-directing authority at Richmond," and he further states that "the blunders complained of were more the result of inattention to orders and want of proper energy on the part of a few subordinate commanders than any lack of knowledge of the country." These remarks of General Long are substantially true. The writer has the best of reasons from personal knowledge and observation, and from an interview with General Lee a little after daybreak on Sunday morning, June 29th, 1862, for confirming the truth of the latter remarks as to "inattention to orders and want of proper energy," in this particular campaign up to that date. The escape of McClellan's army from White Oak Swamp was undoubtedly due to these short-comings, and I am persuaded that General Long and others have proved conclusively that the same cause prevented the concentration of Lee's army at the proper time before Gettysburg and occasioned its defeat there. It is one of the many failings of humanity to shift blame from one shoulder to another, as it is also to claim the merit of success where it is not due. Any simpleton can now untie a Gordian knot, knowing how Alexander did it.

*Several trees were cut down.-See foot-note, page 306, of THE CENTURY magazine for June, 1887.- EDITOR.

It is true that there were no maps of any account in existence at the time when General Lee assumed the command, that were of use to the Army of Northern Virginia, June 1st, 1862. Incomplete tracings or fragments of the old "Nine-Sheet" map of Virginia were probably all that our commanders had for guidance. General Long has, therefore, seemingly made an error in asserting in his note at the close of chapter ten of his book that the map accompanying that chapter was "used by General Lee during this campaign," as will be seen by reference to the indorsements on the map itself. The "Seven Days' Fight" occurred in JuneJuly, 1862. This map was approved by me April 3d, and was "sent from the Engineer Bureau with letter of April 4th, 1863." It may, as alleged in the note, have been filed subsequent to these dates, but it was not in existence at the time stated by General Long, as will be seen further on.

Up to this period the blame, if any is due, must lie with the "war-directing power at Richmond." It is probable that weightier matters filled the minds of the higher authorities at this time, and that too much reliance was placed by commanders in the field in the efficiency of local guides and the insane and ridiculous notion that was affected that one Southern man could lick three Yankees under any and all circumstances; and besides, our armies as yet had not had sufficient battlings and unnecessary losses of men, to develop the indispensable necessity of a more intimate knowledge of topographical details of regions over which troops must be manoeuvred. The march up the peninsula from Yorktown, the battle of Fair Oaks and Seven Pines, Jackson's collision with Hill's line of march from Mechanicsville to Gaines's Mill, and the whole seven days' campaign brought out this fact in strong colors, bloody colors, at Beaver Dam Creek.

One of the first things that engaged General Lee's attention on taking command of the army was the or ganization of some plan for procuring accurate maps for his own use and that of his commanders. A few days after this event, on the 3d or 4th of June, the writer was sought by Major Walter H. Stevens, Chief Engineer of the army at that time, and Major Jasper S. Whiting, his associate, and was informed that they had been sent from headquarters by General Lee to find a suitable person to take charge of a topographical organization which he was desirous of having formed as soon as possible, and proceed to the field, as he found no maps of consequence on taking command of the army; and as maps were indispensable, no means must be spared to procure them. I was asked if I would undertake the duty and on what terms. They were informed that I had an application for the appointment to a captaincy in the Engineer Corps, favorably indorsed by the President, which for several months had been conveniently pigeon-holed in the Engineer Bureau, and that if they would procure that appointment I would accept it and proceed immediately to work. It was done by order of General Lee on recommendation of those officers, and my commission was dated and received on June 6th. Two or three surveying parties furnished with the necessary instruments were immediately organized and started from Richmond as a center, to radiate thence to the picket-lines of the army, from Meadow Bridge around to James River, each party taking an allotted sector of that circumscribed

space. This work had not sufficiently far advanced to be of any use in June, for no part of the region beyond our lines was accessible to survey until June 30th, when orders were given to follow in the wake of our army and extend the surveys as fast and as far as possible. The field work was mapped as fast as practicable, but as the army soon changed its location, more immediate attention was given to other localities. Therefore, this map in question was dated 1862-3: it was not available as complete until the spring of 1863. Other parties, soon after these first ones were started, were sent into Hanover and Spotsylvania counties, and as fast as possible other parties, amounting in all to about thirteen, were formed and sent into other counties of northern and north-eastern portions of Virginia, until in the course of time detailed surveys were made and at the close of the contest nearly all the work was mapped, from the western part of Fauquier and Rappahannock counties to Wilmington, North Carolina; from the strategic lines on the eastward to the Piedmont region of Virginia; and down the valley of Virginia as far as the Potomac River in Jefferson and Berkeley counties; and into southwestern Virginia as far as Smythe county; and nearly all the counties south of James River east of Lynchburg unoccupied by the Federal forces. The surveys in North Carolina embraced a considerable belt on each side of the Weldon and Wilmington R. R. The exact limits of these extensive surveys can not now be recalled, for these maps have all been lost.

The general plan of operations was adopted of placing full parties in each county, and maps of each county thus successively surveyed in detail were constructed on a comparatively large scale, giving full credit to heads of field corps in the titles; and also general maps, one north and one south of James River, were prepared on a smaller scale, preserving all the details. So great was the demand for maps occasioned by frequent changes in the situation of the armies, that it became impossible by the usual method of tracings to supply them. I conceived the plan of doing this work by photography, though expert photographers pronounced it impracticable, in fact impossible. To me it was an original idea, though I believe not a new one, but not in practical use. Traced copies were prepared on common tracing-paper in very black India ink, and from these sharp negatives by sun-printing were obtained, and from these negatives copies were multiplied by exposure to the sun in frames made for the purpose. The several sections, properly toned, were pasted together in their order, and formed the general map, or such portions of it as were desired; it being the policy, as a matter of prudence against cap ture, to furnish no one but the commanding general and corps commanders with the entire map of a given region.

From this statement it will be seen that to General Lee is due the credit of promptly originating methodical means for procuring accurate maps to supply the want that has been, by implication mainly, so unfavorably commented on. Many maps that grace various memoirs, and personal recollections, and descriptions of campaigns and battle-fields in Virginia have their basis in the maps made as above described, though accredited to others. "I could a tale unfold" in regard to some of these stolen maps, but cui bono? Nil proprium ducas quod mutari potest.