But McCormack had still to deal with the case of Barriscale. He knew that it was his duty to file charges with Captain Murray against the first sergeant, and he knew what those charges should be. “Behaving himself with disrespect toward his commanding officer, in violation of the 20th Article of War.” “Disobeying a lawful command of his superior officer, in violation of the 21st Article of War.” It was simple enough; his duty was plain. Yet, day after day went by and he took no action. He, himself, had been too near the verge of disloyalty and insubordination to make the task of preparing and presenting charges against a comrade an easy one. But, when Captain Murray’s improvement made it no longer possible to put forth the serious nature of his illness as a pretext for not disturbing him, McCormack went down to the hospital one day, determined to take the matter up and have an end of it. “I hope,” said the captain, “that you’ve brought with you the charges against Barriscale. It’s high time something was done.” “No,” was the reply. “I haven’t drawn any charges. I’ve decided not to present any.” In his surprise Captain Murray thrust himself up on his elbow, but he only winced now at the pain it gave him. “What do you mean?” he asked. “Don’t you know that the man is guilty?” “Perhaps he is. But I believe he was more than half justified in what he did. As I think of it now, my only wonder is that any man in the company had any confidence in me, or was willing to follow me or obey my orders.” The captain looked his first lieutenant in the eyes and was silent. Evidently he was impressed with what McCormack had said. For when he spoke again his manner was mild and he exhibited little impatience. “But, if you don’t court-martial him what will you do with him?” he asked. “It’ll never do to let such a breach of discipline go unnoticed.” “I propose to turn him over to you for admonition under the Army Regulations.” “And what shall I do with him?” “The most you could do in that case; the most you could do if you were sitting as a summary court, would be to send him back to the ranks.” “Then I’ll send him back to the ranks.” “In my judgment that would be too severe a punishment.” Up to this moment, save at the beginning of the conversation, Captain Murray had repressed his impatience with admirable self-control. But now it again got the better of him. “Too severe!” he exclaimed. “Why, man! do you know that such an offense as his, in the regular army, in time of war, would be punishable with death?” “I know. But we’re not in the regular army, and we’re not at war.” “If I had my way about it,” was the captain’s reply, “we would be both in the federal service and at war. That slaughter on the other side will never stop until this nation goes in and stops it. The sooner we get about it the better.” “I agree with you. But, as to Ben, I hope you will be lenient.” “And I promise you that I will punish him to the full extent of my authority.”