One sunny afternoon in the autumn of the year 1861 a soldier lay in a clump of laurel by the side of a road in western Virginia. He lay at full length upon his stomach, his feet resting upon the toes, his head upon the left forearm. His extended right hand loosely grasped his rifle. But for the somewhat methodical disposition of his limbs and a slight rhythmic movement of the cartridge-box at the back of his belt he might have been thought to be dead. He was asleep at his post of duty. But if detected he would be dead shortly afterward, death being the just and legal penalty of his crime.