Mark was in bed for the night, so I decided I would do some reading. I heard a noise outside. I thought I better go and check it out. I grabbed my rifle and shut the door behind me. I slowly went out onto the porch and looked around. 
Suddenly a solider had a gun to my head. "Hold it! Drop the rifle! Go on, drop it!" I did as he said. "Alright, get over to the barn, move!" As I headed for the barn I started to turn my head, I wanted to get an idea of what I was up against. "Don't turn around! There's nothing to see." I started to hear some moaning. I turned to see a young wounded solider. He told me he didn't want to shoot me, but he would if he had to. What he wanted was a horse. He had money and wanted to pay for it. "And how far do you think you'll
get?" "Stay back!" He shouted. "Look, your bleeding to death, you won't last a half a mile. "You just stay were you are, because honest.....I don't wanna.....but I will.....shoot." Just then Mark charged out onto the porch. He called to me. This distracted the solider and I managed to take away his gun. I grabbed the solider. "Mark, I told you not to walk in on a situation blind like that!" "Well I'm sorry but I heard voices, but didn't see anybody.....why he's a solider," said Mark. "He's just a boy," I said. He started to say please and then passed out. I put him over my shoulder and carried him into the house.
I found a small Bible on him with his name in it, Ben. He was hurt bad. He was in no shape to go anywhere for a while.
I told him it was a serious thing to steal a horse around here. He said he would had paid for it, but it didn't look that way. "I'm sorry, I just wasn't thinking straight. Please mister, I need a horse." We heard horses approaching. Mark went to the window to see who they were. "Troopers, Pa." Ben got really upset. "Don't let 'em in, hide me! If they take me back the major will kill me!" I told Mark to look after Ben while I went to talk to the soldiers. They started to search my ranch while Lt. Paul Rolfe came to the door. He told me they were looking for a 'Deserter.' He gave the order for his men to search inside. I stopped them. I told the Lieutent he should ask permission before barging into someone's place. He tried to justify it by telling me this was official business. They had found Ben's mount about a mile up the road, it was lame. This was the closes place. "Well Mr. McCain, where is he?" I told him he was hurt. He needed a doctor badly. I told him he shouldn't be moved, he could bleed to death. He wouldn't wait. He had his orders. He was gonna force his way in if he had to. I opened the door and left them in. I asked the Lieutent how Ben got shot? He told me he stole water. Major Damler put the troops on half rations, an exercise to prepare the troops for the desert. Haskell
was careless, he ran dry early. He was caught stealing water from the supply wagon. It was a matter of discipline. They brought Haskell out. "You know what you're letting me in for, sir? You know what he'll do to me?" Haskell said to the Lieutent. "I'm sorry Haskell, I have my orders, mount up Lieutent." "Is that all soldering means to you? Orders?" "I go by the book," said the Lieutent. "There's lots of books, that boy's got one. You ought to read it sometime." [Meaning his Bible] The Lieutent just looked at me, and then walked away.
I went into town the next day. Micah invited me over to his office to have some lemonade that Hattie had made him. It sure sounded good. It was a hot day. As we started over to his office I couldn't help but notice the soldiers riding around. That was because one almost ran me over. They were stopping here in North Fork on their way west to restock. The troop's had camped down at the flats and the major set up headquarters in the hotel. I told Micah about 'The Deserter' they found out at my place the night before night. "A kid, hurt, scared; they treated him like he was John Wilkes Booth." Micah told me that it sounded like the boy who was put in his jail. The major had requisition his jail and made it his own personal guard house. We went on into the jail. The boy was awful sick. He had been moaning and tossing. The guard wasn't going to let us in, but he had no choice. The boy still had the same dressing on that I put on him last night. 
The bullet was still in him. He was burning up with fever. Micah said he had gotten Doc Burrage to look at him, but they wouldn't let him in. I was going for help for the boy. If the major doesn't like it he'll have to take it up with me now. "I'll take it up with you now!" The Major said as he walked in. Micah told him that he gave him his cell to use and he was abusing it. The Major told us that if there was any more interferences, he would put me in the cell with him. "Lucas is a civilian, you have no say over him or anyone else in North Fork." The Major threatened to declare marshal law. He agreed to let a doctor see him. "Perhaps you're right Mr. McCain, it would be more appropriate if he faces a firing squad on his feet. "Firing squad? What for.....stealing water?" Lt. Rolfe said....."for desertion." "That must have been the fastest court martial in history.....or did he even have one?" The Lieutent asked me to leave.
I was having a drink at the saloon, when the Major came up to me. We started to talk about our service records. He felt that I had some understanding to what he was up against. The Major had a problem with defeat at Chancellorsville. He felt they could have won. His men broke and ran. He blamed it on their weakness and their lack of discipline. He had to take the blame for their incompetence. He felt they were cowards. It wasn't going to happen to him again. "Discipline, discipline, that's the key! There won't be another Chancellorsville for me." 
He didn't want to hear what I had to say. I was afraid of what this man could do. He was hiding behind that Union and his rank. He was building a career on corpses. All he thought about was his rotten promotions and himself.
I left the saloon. As I went to climb into my buckboard I saw a solider collapse in the middle of the street. Micah and I ran over to him. I took his canteen and gave him a drink. The solider was the man who was guarding the deserters cell. He was being punished by marching in the hot sun, for not following orders, not to let anyone in the cell. He saw the Major there and apologized to him, "I'm sorry sir, it was just the heat." For that he had the Lieutent add another hour to his tour.
Micah and I were talking. "He's sick Micah. Not fit to command." We felt that if his superiors knew what was going on they might relive him of his duties. We went over to the telegraph office and wired General Bradshaw.
Micah and I were standing out front of the Blacksmith's when the Lieutent approached me and told me I was under arrest. Lieutent I said......"It's time you stop playing an officer and start thinking like one. Damler is a sick man. He is much to sick to be responsible for the lives of his men," I said. "That will be up to General Bradshaw, I only sent him the facts." Micah tried to stop them, but I agreed to go with them. I knew they couldn't make it stick. There was no talking to the Major; he declared marshal law on everyone in North Fork. He then gave Lt. Rolfe orders to carrying out the execution by firing squad on Pvt. Ben Haskell. "I'm sorry sir.....I can't." When Lt. Rolfe wouldn't carry out his orders, the Major then 
ordered the Sergeant to take over. The Sergeant wouldn't. He then gave the command to the troops. Not one solider responded. "That's an order!" He shouted. "You've all gone mad!" exclaimed the Major.
A telegram came from General Bradshaw. His orders where for the Major to report to him in Santa Fe. The Major assumed his services were more valuable elsewhere. "Lieutent, remember, the key to command is a firm hand, discipline!" There was no real reason givin' for the Major leaving. I can't help but feel our telegram had something to do with it. The Major then rode off with several soldiers.
"He sure is something, isn't he Pa? Just the sorta officer I wanna be." I was surprised by Marks remark, I thought he meant Major Damler. "Who son?" I asked. "The Lieutent!" Said Mark.
piddlin' stuff.....Robert Cornthwaite played Major Damler. He was the mean Major who was going to have Ben shot.
Robert Cornthwaite
appeared in many of things. He was a regular on "Dynasty" as Judge Langdon and "Picket Fences" as Howard Buss. He played in "Batman,""Get Smart" as Professor Windish. He was in two episodes of "The Untouchables." He also appeared in "The Ghost and Mr. Chicken" and "Whatever Happened to Baby Jane?" to name a few.
Robert Cornthwaite first got hooked on acting at age 13, when he was forced to play a one-line part in an eighth grade play. He did his first work with professionals five years later, in a 1935 production of "Twelfth Night" on the Reed College campus in Portland. He worked in radio in Southern California before he was inducted into the Air Force during World War II (a four-year hitch). Returning to Hollywood after the War, Cornthwaite went back into radio and then began working as a character man in features and TV. He prefers theater, which he feels is "far more liberating for the actor" than film.
Harry Carey Jr. appeared twice in "The Rifleman." Lt. Paul Rolfe in 'The Deserter' and Lt. Bond - 'The Journey Back' In both episodes he played a Lieutent and in both episodes his orders was to bring back a deserter. He later appeared with Chuck in "Branded." He played Lt. John Pritchett in the episode 'The Vindicator.' He also appeared with Chuck in "Once upon a Texas Train."
He has appeared in many a great TV shows and movies and quite a bit of movies with John Wayne....."Cahill U.S. Marshal" ~ "Big Jake" ~ "The Undefeated" ~ "The Searchers" ~ "The Undefeated" ~ "Rio Grande" ~ "She Wore A Yellow Ribbon" ~ "Red River" ~ "Shepard's of the Hills". He also played Tom Selleck's and Sam Elliott's father in "The Shadow Riders" ~ too many things to mentions. I tip my cowgirl hat to you!!!!!
*He was the son-in-law of ours truly, Paul Fix. He is married to Paul's daughter Marilyn.
Ron Hagerthy.....now here is a familiar face. One of those character actors you don't remember the name, but you do the face. He played Ben Haskell in this episode. He was 'The Deserter.'
He was the bugler in "The Horse Soldiers." He was a regular on "Sky King"he also appeared in "Gunsmoke" "Adventures of Rin Tin Tin""The Lone Ranger""Annie Oakley" and "Rawhide," to name a few.
He appeared in "Cavalcade of America" as Billy Brandon, the man in episode: "The Boy Nobody Wanted"Johnny Crawford played Billy Brandon the child. Have you ever seen this? I have it! It's great!
Baynes Barron played Kirk. He was the solider who fell over in the street because of the heat and no water. Baynes played Gustavo "Gus" in 'The Spiked Rifle.'
He also appeared with Chuck in "Branded" as the Sheriff in
'I Killed Jason McCord'. He also guest appeared in "The Untouchables."
Bill Quinn as Sweeney the bartender, owner of the North Fork Saloon.
Richard Alexander the Blacksmith ~ Richard "Dick" Alexander played Nels in three episodes'Smoke Screen''The Martinet''The Deserter'
How many actors played Nils or was it Niles or Nels? Was it Swenson or was it Svenson? There were six different actors who played Nils or Niles or Nels. Here is a list of all of them - who played them and any conflicts in the episodes - to who's who?????
Dick also appeared with Chuck in "Branded"
*If anybody has any information on any of the stars, and would like to share it, please get in touch with 
