"Know you anything of this pa.s.s?" exhibiting the paper that Dunwoodie had retained when Wharton was taken.
"Nothing-upon my honor, nothing," cried the father, shrinking from the paper as from contagion.
"On your oath?"
"Nothing."
"Have you other testimony? This does not avail you, Captain Wharton. You have been taken in a situation where your life is forfeited; the labor of proving your innocence rests with yourself. Take time to reflect, and be cool."
There was a frightful calmness in the manner of this judge that appalled the prisoner. In the sympathy of Colonel Singleton, he could easily lose sight of his danger; but the obdurate and collected air of the others was ominous of his fate. He continued silent, casting imploring glances towards his friend. Dunwoodie understood the appeal, and offered himself as a witness. He was sworn, and desired to relate what he knew. His statement did not materially alter the case, and Dunwoodie felt that it could not. To him personally but little was known, and that little rather militated against the safety of Henry than otherwise. His account was listened to in silence, and the significant shake of the head that was made by the silent member spoke too plainly what effect it had produced.
"Still you think that the prisoner had no other object than what he has avowed?" said the president, when he had ended.
"None other, I will pledge my life," cried the major, with fervor.
"Will you swear it?" asked the immovable judge.
"How can I? G.o.d alone can tell the heart; but I have known this gentleman from a boy; deceit never formed part of his character. He is above it."
"You say that he escaped, and was retaken in open arms?" said the president.
"He was; nay, he received a wound in the combat. You see he yet moves his arm with difficulty. Would he, think you, sir, have trusted himself where he could fall again into our hands, unless conscious of innocence?"
"Would Andre have deserted a field of battle, Major Dunwoodie, had he encountered such an event, near Tarrytown?" asked his deliberate examiner. "Is it not natural to youth to seek glory?"
"Do you call this glory?" exclaimed the major: "an ignominious death and a tarnished name."
"Major Dunwoodie," returned the other, still with inveterate gravity, "you have acted n.o.bly; your duty has been arduous and severe, but it has been faithfully and honorably discharged; ours must not be less so."
During the examination, the most intense interest prevailed among the hearers. With that kind of feeling which could not separate the principle from the cause, most of the auditors thought that if Dunwoodie failed to move the hearts of Henry"s judges, no other possessed the power. Caesar thrust his misshapen form forward and his features, so expressive of the concern he felt, and so different from the vacant curiosity pictured in the countenance of the other blacks, caught the attention of the silent judge. For the first time he spoke:-
"Let that black be brought forward."
It was too late to retreat, and Caesar found himself confronted with a row of rebel officers, before he knew what was uppermost in his thoughts. The others yielded the examination to the one who suggested it, and using all due deliberation, he proceeded accordingly.
"You know the prisoner?"
"I t"ink he ought," returned the black, in a manner as sententious as that of his examiner.
"Did he give you the wig when he threw it aside?"
"I don"t want "em," grumbled Caesar; "got a berry good hair heself."
"Were you employed in carrying any letters or messages of any kind while Captain Wharton was in your master"s house?"
"I do what a tell me," returned the black.
"But what did they tell you to do?"
"Sometime a one ting-sometime anoder."
"Enough," said Colonel Singleton, with dignity. "You have the n.o.ble acknowledgment of a gentleman, what more can you obtain from this slave?-Captain Wharton, you perceive the unfortunate impression against you. Have you other testimony to adduce?"
To Henry there now remained but little hope; his confidence in his security was fast ebbing, but with an indefinite expectation of a.s.sistance from the loveliness of his sister, he fixed an earnest gaze on the pallid features of Frances. She arose, and with a tottering step moved towards the judges; the paleness of her cheek continued but for a moment, and gave place to a flush of fire, and with a light but firm tread, she stood before them. Raising her hand to her polished forehead, Frances threw aside her exuberant locks, and displayed a picture of beauty and innocence to their view that might have moved even sterner natures. The president shrouded his eyes for a moment, as if the wild eye and speaking countenance recalled the image of another. The movement was transient, and recovering himself, with an earnestness that betrayed his secret wishes,-
"To you, then, your brother previously communicated his intention of paying your family a secret visit?"
"No!-no!" said Frances, pressing her hand on her brain, as if to collect her thoughts; "he told me nothing-we knew not of the visit until he arrived; but can it be necessary to explain to gallant men, that a child would incur hazard to meet his only parent, and that in times like these, and in a situation like ours?"
"But was this the first time? Did he never even talk of doing so before?" inquired the colonel, leaning towards her with paternal interest.
"Certainly-certainly," cried Frances, catching the expression of his own benevolent countenance. "This is but the fourth of his visits."
"I knew it!" exclaimed the veteran, rubbing his hands with delight. "An adventurous, warm-hearted son-I warrant me, gentlemen, a fiery soldier in the field! In what disguises did he come?"
"In none, for none were then necessary; the royal troops covered the country, and gave him safe pa.s.sage."
"And was this the first of his visits out of the uniform of his regiment?" asked the colonel, in a suppressed voice, avoiding the penetrating looks of his companions.
"Oh! the very first," exclaimed the eager girl. "His first offense, I do a.s.sure you, if offense it be."
"But you wrote him-you urged the visit; surely, young lady, you wished to see your brother?" added the impatient colonel.
"That we wished it, and prayed for it,-oh, how fervently we prayed for it!-is true; but to have held communion with the royal army would have endangered our father, and we dared not."
"Did he leave the house until taken, or had he intercourse with any out of your own dwelling?"
"With none-no one, excepting our neighbor, the peddler Birch."
"With whom!" exclaimed the colonel, turning pale, and shrinking as from the sting of an adder.
Dunwoodie groaned aloud, and striking his head with his hand, cried in piercing tones, "He is lost!" and rushed from the apartment.
"But Harvey Birch," repeated Frances, gazing wildly at the door through which her lover had disappeared.
"Harvey Birch!" echoed all the judges. The two immovable members of the court exchanged looks, and threw an inquisitive glance at the prisoner.
"To you, gentlemen, it can be no new intelligence to hear that Harvey Birch is suspected of favoring the royal cause," said Henry, again advancing before the judges; "for he has already been condemned by your tribunals to the fate that I now see awaits myself. I will therefore explain, that it was by his a.s.sistance I procured the disguise, and pa.s.sed your pickets; but to my dying moments, and with my dying breath, I will avow, that my intentions were as pure as the innocent being before you."
"Captain Wharton," said the president, solemnly, "the enemies of American liberty have made mighty and subtle efforts to overthrow our power. A more dangerous man, for his means and education, is not ranked among our foes than this peddler of Westchester. He is a spy-artful, delusive, and penetrating, beyond the abilities of any of his cla.s.s. Sir Henry could not do better than to a.s.sociate him with the officer in his next attempt. He would have saved Andre. Indeed, young man, this is a connection that may prove fatal to you!"
The honest indignation that beamed on the countenance of the aged warrior was met by a look of perfect conviction on the part of his comrades.
"I have ruined him!" cried Frances, clasping her hands in terror. "Do you desert us? then he is lost, indeed!"
"Forbear! lovely innocent, forbear!" said the colonel, with strong emotion; "you injure none, but distress us all."
"Is it then such a crime to possess natural affection?" said Frances wildly. "Would Washington-the n.o.ble, upright, impartial Washington, judge so harshly? Delay, till Washington can hear his tale."
"It is impossible," said the president, covering his eyes, as if to hide her beauty from his view.