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Dick Prescott's Second Year at West Point - Finding the Glory of the Soldier's Life by H. Irving (Harrie Irving) Hancock
page 146 of 232 (62%)
and seeing to the dispatch of Dick's answer to his mother, also
called, under permission, at the home of Lieutenant Topham, of
the tactical department. Prescott had decided to ask that officer
to act as his counsel at the court-martial.

Prescott's case looked simple enough. Nor did the judge-advocate
of the court-martial need much time for his preparation of the
case. The judge-advocate of a court-martial is the prosecuting
officer. Theoretically he is also somewhat in the way of counsel
for the defence. It is the judge-advocate's duty to prosecute,
it is also his duty to inquire into any particulars that may establish
the innocence of the accused man.

Mr. Topham at once consented to act as Dick's counsel, and entered
heartily into the case.

"But I don't mind telling you, Mr. Prescott," continued Lieutenant
Topham, as he was talking the matter over with Dick in the latter's
room, "that both sides of the case look to me, at present, like
blank walls. It won't be enough to clear you of the charge as
far as the action of the court goes. We must do everything in
our power to remove the slightest taint from your name, or your
position with your brother cadets will never be quite the same
again."

"I know that full well, sir," Cadet Prescott replied with feeling.
"Though the court-martial acquit me, if there lingers any belief
among the members of the cadet corps that I was really guilty,
then the taint would not only hang over me here, but all through
my subsequent career in the Army. It is an actual, all-around
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