a question or two, when he thinks he is getting the best of it with the lawyers, he winks at the general audience, and so fondly believes he is taking every body into his confidence, against his cross-examiner. This is the gentleman who is credited with those sharp retorts upon lawyers which we find in jest-books and collections of wit and humor; but I fear he has little real claim to distinction as a dealer in repartee. Those smart things are "made up" for him, as they are made for the wag, and generally for Joseph Miller. The retorts of the Knowing Witness are usually on the simplest principle of tu quoque, and as their pith chiefly consists in their rudeness-only counsel are allowed to be rude in court-they are certain to be checked by the court. The court does not tolerate jokes that are not made by itself. The Irrelevant Witness, who introduces foreign matter into her evidence, is generally of the female gender, and is a person whose appearance and manner warrant counsel in addressing THE DEAF WITNESS. deaf old post, who will pretend to be much more deaf than he really is, and will be sure to have the sympathies of the public if we bully him." The Deaf Witness, when the counsel begins to ask awkward questions, says "eh?" to every thing; and if he be a knowing witness at the same time, pretends not to understand, which justifies him in giving stupid and irrelevant answers. As a rule, both sides are not sorry to get rid of a deaf witness; and he is told to stand down in tones of mingled pity and contempt. The Knowing Witness, who is not deaf, is a too-clever-by-half gentleman, who soon falls a prey to his overweening opinion of his own sharpness. They are not going to frighten him by asking him to kiss the book. He kisses it THE KNOWING WITNESS. with a smack of the lips and a wag of the head, by which he seems to indicate that he is prepared to eat the book if required. Then, after THE IRRELEVANT WITNESS. her as "my good woman." She will declare that she is "not a good woman," and secure for that standard witticism the laugh which it never fails to raise, whether spoken innocently or with intent. She deals very much in "he said" and "she said;" and of course the counsel doesn't want to know what he said or she said, but what the good woman saw with her own eyes and heard with her own ears. But nothing on earth will induce her to stick to the point; and thongh she is pulled up again and again, she still persists in giving all collateral circumstances in minute detail. I should say that when this witness goes to the play, she provides herself with a small bottle of rum and an egg-cup. The Interesting Witness is also of the feminine gender-slim, prim, modest, and demure. She is a young lady of "prepossessing appearance, and notably interesting. The moment she steps into the box and puts up her veil to kiss the book, the counsel fix their eye-glasses and scrutinize her narrowly; and, as these gentle men are proverbially polite, they will be seen, while staring the interesting young lady out of countenance, to nudge each other and pass round pleasant jokes. The interesting young-lady witness is rarely to be met with in the civil courts. The place to look for her is the Court of Divorce and Matrimonial Causes, where it is generally the object of the cross-examining counsel to prove that the Interesting Witness, who has prepossessed every one by her modest demeanor, is no better than she should be. There is possibly no warranty for this course of proceeding; but then the noble practice of the law requires that a lawyer shall do the best he can for his client, and that he must not scruple to blacken the character of the innocent, in order to protect from the consequences of his crime one whom he well knows to be guilty. creature that she appears, soon betrays herself under a severe cross-examination. Her only weapon of defense rises unbidden from the depths of her wounded feelings, in the shape of a flood of tears. THE INTERESTING WITNESS. HEROIC DEEDS OF HEROIC MEN. BY JOHN S. C. ABBOTT. IX. THE PURSUIT AND CAPTURE OF MORGAN. The Rebel Raiders.-The Heroine.-Commencement of the Pursuit.-Bravery of Colonel O. H. Moore.-Re pulse of the Rebels. Rebel Barbarism.-Plan of the Raiders. The Quaker and the Copperhead.-Morgan in Cincinnati. The Repulse at Jackson.-Rout of the Rebels at Buffington Island.-Anecdotes.-The Escape of Morgan.-His Treachery.-Final Capture. IN N a Prayer-Book in a church in Louisville a worshiper found written, "Hurrah for John Morgan! the Marion of the South, following his footsteps as much so as the apostles followed the footsteps of Christ." Despite the bad rhetoric and the irreverent comparison, we can from this get some idea of the admiration felt by a large portion of the Southern people for the most daring freebooter and the most lawless adventurer since the days of our childhood's hero, Robin Hood. It is said that the Saracen mothers quieted crying children and subdued angry boys with the nursery threat, "If you do not stop King Richard will catch you." It is not unlikely that for years to come the name of John Morgan, the rebel raider, may be the terror of little ones in that part of the country where he rode his great ride. The narrative of his bold march through parts of Kentucky, Indiana, and Ohio, and the heroic pursuit by the militia and a small command under Generals Hobson and Judah, will not be one of the least interesting sketches in the history of these eventful days. John Morgan, with twenty-five hundred effective men and four pieces of artillery, left Sparta, Tennessee, on the 27th of June, 1863. His command was divided into two brigades. One he led himself. The other was led by Colonel Johnston. The men comprising this raiding party were from both classes of the Southern people. Some were young men in high life, the sons of planters and of merchant princes, who, impelled by a restless spirit of adventure and a deluded sentiment of devotion to the rebel flag, and of hatred of the national banner of Stars and Stripes, flocked to the standard raised by that noted guerrilla chief. The larger portion, however, of the marauding band was composed of that part of the Southern community known as "poor whites." These illiterate, half-starved, semi-barbaric men chose the exciting cavalry raiding in preference to the idleness of the camp or the tediousness of the trenches, because, poor fellows! they were hungry and almost naked, and the abundance of food and clothing, rich treasure, license, and the easy victory promised by Morgan, resistlessly tempted their sorely tried flesh. It was a motley crew gathered in Sparta that bright spring morning. Some were in what had been once white linen, now sadly the worse for wear. Some wore blue homespun. Some were in jackets. Some wore long coats; some frock-coats, some dress-coats, and many no coats at all. Side by side with the "clay eater," in his filth and rags, rode the handsomely-uniformed and finely-mounted lord of the soil. Most of the horses were thin, half-starved looking beasts, only to be endured until, as the rebels said, "We get over the river, when we can help ourselves." With banners flying and din of rebel music the host began its advance toward Burkesville, in Kentucky, near which town they intended to cross the Cumberland River. On this same day, June 27, the Second and Seventh Ohio cavalry and the Forty-fifth mounted infantry, under command of Colonel Woolford, with a howitzer battery, left Somerset, Kentucky, for Jamestown, to watch the movements of the desperate raiders, and catch them if they could. "And what is so rare as a day in June? This day was no exception to the rule. A clear, bracing air, which it was a luxury to breathe, invigorated the men. A cloudless sky overarched the advancing host, and the joyous sunshine caressed the glorious banner as it was borne aloft at the head of the column. For a few days the march was continued with but few intervals for rest. At last Jamestown was reached, on the Cumberland River, about thirty miles above Burkesville. At this spot, where the rebels had intended to cross, the command halted for further orders. On the 2d of July General Carter, in command of the United States forces at Somerset, was startled by the sound of clattering hoofs in front of his tent. To leave the table and hasten to the door was the work of an instant. A horse, reeking with foam and panting with fa- Can you has crossed the Cumberland, near Burkesville, "Oh, Sir, believe me," exclaimed the heroine, her eyes kindling with emotion; "my home is in East Tennessee. A Union scout came to our house early yesterday morning and told me. My husband is in the army. I have no boys. The scout is wounded, and unable to ride. So 1 took my horse and came to tell you myself." "I am Carter, madam. What can I do for The title of these articles is the "Heroic Deeds yon ?" of Heroic Men;" but I am unable to pass un"Listen. John Morgan, with two brigades, noticed this act of true patriotism and heroic VOL. XXXI.-No. 183.-U devotion of a woman, who may be proud to call the "Switzerland of America," the wild mountain fastnesses of Liberty in East Tennessee, her home. The news brought by this noble woman led to an armed reconnoissance, which was sent out, under Captain Carter, in the direction of Columbia. With only a small force he advanced toward the enemy. He, however, soon met a much larger force, by which he was quite overwhelmed. Captain Carter fell, mortally wounded. Reinforcements came to the succor of the overpowered patriots, and though they struggled with great bravery they were so entirely outnumbered that retreat became inevitable. Whole volleys of musketry responded to their few rifle shots, and a park of artillery opened its murderous fire upon their thin ranks. Still, without serious loss, they retreated with rapid march to join their patriot friends who were stationed at Jamestown. Courier after courier was dispatched to General Carter, imploring help. The report of the lady being thus confirmed, the pursuit of John Morgan and his band of desperadoes was now commenced with great vigor. in the arduous work, with spade and pick, in "Theirs not to reason why, Theirs but to do and die." On With not one word of murmuring, and with not one straggler, these heroic men planted themselves behind their frail redoubts to wait the oncoming surge of battle. All were prepared to meet, and with God's aid were determined to repel, the charge from the foe, however numerous that foe might prove to be. There was but little sleep in that patriot encampment that night. The men, grasping their arms, lay down in the trenches, and thought of home, wife, children, and friends. Memory was busy with the days which had fled, while stern yet anxious thought dwelt upon the future of to-morrow. The next day was the Fourth of July. That thought alone helped to make them heroes. Who could tell how many, then and there, would be called to put on the martyr's crown? With the first rays of the morning sun came the first balls from the rifles of Morgan's sharpshooters. Soon a shell came, with its hideous shrick, plump into the little redoubt, wounding two men. With this hint of what they might expect, if obstinate, Morgan sent a flag of truce, with Major Elliot, demanding an immediate surrender of the entire force under Moore's command. Colonel Moore replied, "Present my compliments to General Morgan, and say to him that this being the Fourth of July, I can not The rebel general had the advantage of the patriot forces by two days' march. Morgan infused his own tireless energies into his men. Not allowing his troops to lose an hour, even for plunder, he pushed rapidly forward toward Green River, one of the important tributaries of the Ohio, which flows through the heart of the State of Kentucky. The rebel raiders, in their sweep through the State, were largely augmented by reckless adventurers, who, without any moral or political principles, were eager to join in any expedition which promised wild adventure and plunder. The cool, wary, crafty rebel chieftain, Basil Duke, aided the impetuous Morgan in the reckless enterprise. It was said that Duke furnished the thinking brain, and Mor-entertain the proposition." Then turning to gan the impetuous hand which guided and nerved this lawless band, as it swept a tornado path of destruction through three States. Colonel Orlando H. Moore was in command of two hundred patriot troops stationed at Tebbs's Bend, on Green River. This was the only force to retard the advance of the rebels pon New Market. On the 2d of July scouts brought in the report that Morgan's band was advancing in full force upon the Bend. Undaunted by the vast superiority of the rebels in numbers, Colonel Moore, as soon as he received the news, mounted his horse, and rode over the surrounding country to select his own battle-field. About two miles from his encampment he found a spot which suited him. The site chosen for the morrow's battle was truly beautiful. It was a lawn of level ground, carpeted with velvety turf and thick with trees, which, without the slightest impediment of underbrush, were waving in all the luxuriance of June foliage-a spot which the silvery river his men he said, "Now rise up, take good aim, and pick off those gunners." At those words the patriots opened a calm, deliberate, and deadly fire. The numerous trees and the intrenchments they had thrown up afforded them very efficient protection. Gradually the little redoubt became nearly encircled by the rebels. Still no one thought of yielding. Colonel Moore was every where, encouraging and inspiring his men with his own enthusiastic patriotism. The heroic band still loaded and fired with fatal precision, though "Cannon to the right of them, For No hand trembled. No heart faltered. God and the Flag they fought and bled. The battle raged, with unabated fury on both sides, for four hours. At last the enemy retreated, leaving his dead on the field. The rebel army, thus checked and discomfited, relinquished the prey they had hoped to grasp, and by a circuit All night long the men relieved each other avoiding New Market continued their plunder "Forsakes his course to fold as with an arm." |