A TRIAL.--A GRAVE ACCUSATION THAT STILL FURTHER CONFIRMS BUTLER IN HIS
BELIEF OF A SECRET ENEMY.--A SUDDEN RESPITE.
Butler's baggage, ever since he left Robinson's habitation on the
Catawba, had been divided into two parcels, one of which he carried in a
portmanteau on his own horse, and the other had been stowed away in a
pair of black leather saddle-bags that were flung across Captain Peter.
These latter sufficed, also, to inclose, in addition to the sergeant's
own wardrobe, sundry stores of provender, which the careful appetite and
soldier-like foresight of the trusty squire had, from time to time,
accumulated for their comfort upon the road-side. After the escape of
the sergeant, this baggage had been kept with more scrupulousness than
might have been expected from the character of the freebooters into
whose possession it had fallen; and now, when Butler had been
surrendered up to the custody of Colonel Innis, it was restored to the
prisoner without the loss of any article of value. On this morning,
therefore, Butler had thrown aside the rustic dress in which he had
heretofore travelled, and appeared habited as we have described him when
first introduced to the reader.
After a very slight meal, which had been administered with more personal
attention and consideration for his rank and condition than he was
prepared to expect, an officer entered his apartment and communicated an
order to him to repair to the yard in front of the quarters. Here he
found a sergeant's guard mustered to receive him, and he was directed to
march with them to the place that had been selected for his trial. The
spot pitched upon for this purpose, was at the foot of a large mulberry
that stood on the border of the plain, at a short distance from the
house.
When the guard arrived with the prisoner, Colonel Innis was already
seated at the head of a table, around which were placed several
officers, both of the regular and militia forces. Writing materials were
also arranged upon the board, and at the lower end, a few paces removed
from it, stood a vacant chair. Behind this was erected a pile of drums,
with one or two colours laid transversely across them. Sentinels were
stationed at different points near this group, and within their lines
were collected the principal officers of Innis's command. Somewhat more
remote, a number of idle spectators were assembled, amongst whom might
have been discerned Habershaw, Curry, and many of the heroes who had
figured at Grindall's ford. Captain St. Jermyn had taken a station a
little to the left of the presiding officer at the table, and in the
rear of those who appeared to have the management of the approaching
procedure, and now stood, with his hands folded, apparently an anxious
and interested looker-on.
There was a thoughtful and even stern expression upon every face when
Butler appeared--and a silence that was scarce broken by the occasional
whispers in which the several individuals present communicated with each
other. The guard marched the prisoner around the circle, and inducted
him into the vacant chair, where he was received by a quiet and cold
inclination of the head from each member of the court.
For a few moments he looked around him with a scornful gaze upon the
assemblage that were to sit in judgment upon him, and bit his lip, as
his frame seemed to be agitated with deep emotion: at length, when every
look was bent upon him, and no one breathed a word, he rose upon his
feet and addressed the company.
"I understand that I am in the presence of a military court, which has
been summoned for the purpose of inquiring into certain offences, of the
nature of which I have not yet had the good fortune to be informed,
except in so far as I am given to infer that they purport of treason. I
ask if this be true."
The presiding officer bowed his head in token of assent, and then
presented a paper, which he described as containing the specification of
charges.
"As an officer of the American army, and the citizen of an independent
republic," continued Butler, "I protest against any accountability to
this tribunal; and, with this protest, I publish my wrongs in the face
of these witnesses, and declare them to arise out of facts disgraceful
to the character of an honorable nation. I have been drawn by treachery
into an ambuscade, overpowered by numbers, insulted and abused by
ruffians. I wish I could say that these outrages were practised at the
mere motion of the coarse banditti themselves who assailed me; but their
manifest subserviency to a plan, the object of which was to take my
life, leaves me no room to doubt that they have been in the employ and
have acted under the orders of a more responsible head"--
"Keep your temper," interrupted Innis, calmly. "Something is to be
allowed to the excited feelings of one suddenly arrested in the height
of a bold adventure, and the court would, therefore, treat your
expression of such feelings at this moment with lenity. You will,
however, consult your own welfare, by giving your thoughts to the
charges against you, and sparing yourself the labor of this useless
vituperation. Read that paper, and speak to its contents. We will hear
you patiently and impartially."
"Sir, it can avail me nothing to read it. Let it allege what it may, the
trial, under present circumstances, will be but a mockery. By the
chances of war, my life is in your hands; it is an idle ceremony and
waste of time to call in aid the forms of justice, to do that which you
have the power to do, without insulting Heaven by affecting to assume
one of its attributes."
"That we pause to inquire," replied Innis, "is a boon of mercy to you.
The offence of rank rebellion which you and all your fellow-madmen have
confessed, by taking up arms against your king, carries with it the last
degree of punishment. If, waiving our right to inflict summary pain for
this transgression, we stay to hear what you can say against other and
even weightier charges, you should thank us for our clemency. But this
is misspending time. Read the paper to the prisoner," he added,
addressing one of the officers at the table.
The paper was read aloud. It first presented a charge against the
prisoner for violating the terms of the parole given at the capitulation
of Charleston. The specification to support this charge was that, by the
terms of the surrender, General Lincoln had engaged that the whole
garrison should be surrendered as prisoners of war, and that they should
not serve again until exchanged. The prisoner was described as an
officer of that garrison, included in the surrender, and lately taken in
the act of making war upon his majesty's subjects.
The second charge was, that the prisoner had insinuated himself, by
false representations, into the territory conquered by the royal army;
and that, in the quality of a spy, he had visited the family of a
certain Walter Adair, with a view to obtain a knowledge of the forces,
plans, movements, and designs of the various detachments engaged in his
majesty's service in the neighborhood of Broad River.
And, third and last, that he, together with certain confederates, had
contrived and partially attempted to execute a plan to seize upon and
carry away a subject of his majesty's government, of great consideration
and esteem--Mr. Philip Lindsay, namely, of the Dove Cote, in the
province of Virginia. That the object of this enterprise was to possess
himself of the papers as well as of the person of the said Philip
Lindsay, and, by surrendering him up to the leaders of the rebel army,
to bring upon him the vengeance of the rebel government, thus exposing
him to confiscation of property, and even to peril of life.
Such was the general import and bearing of the accusations against the
prisoner, expressed with the usual abundance of verbiage and minuteness
of detail. Butler listened to them, at first, with indifference, and
with a determination to meet them with inflexible silence; but, as the
enunciation of them proceeded, and the extraordinary misrepresentations
they contained were successively disclosed, he found his indignation
rising to a height that almost mastered his discretion, and he was on
the point of interrupting the court with the lie direct, and of
involving himself in an act of contumacy which would have been instantly
decisive of his fate. His better genius, however, prevailed, and,
smothering his anger by a strong effort of self-control, he merely
folded his arms and abided until the end, with a contemptuous and proud
glance at his accusers.
"You have heard the allegations against you, sir," said Colonel Innis;
"what say you to them?"
"What should an honorable man," replied Butler, "say to such foul
aspersions? The first and second charges, sir, I pronounce to be
frivolous and false. As to the last, sir, there are imputations in it
that mark the agency of a concealed enemy, lost to every impulse of
honor--a base and wicked liar. Confront me with that man, and let the
issue stand on this--if I do not prove him to be, in the judgment of
every true gentleman of your army, an atrocious and depraved slanderer,
who has contrived against my life for selfish purposes, I will submit
myself to whatever penalty the most exasperated of my enemies may
invent. It was my purpose, sir, to remain silent, and to refuse, by any
act of mine, to acknowledge the violation of the rights of war by which
I have been dragged hither. Nothing could have swayed me from that
determination, but the iniquitous falsehood conveyed in the last
accusation."
"We cannot bandy words with one in your condition," interrupted the
president of the court. "I must remind you again, that our purpose is to
give you a fair trial, not to listen to ebullitions of anger. Your honor
is concerned in these charges, and you will best consult your interest
by a patient demeanor in your present difficulties."
"I am silent," said Butler, indignantly, taking his seat.
"Let the trial proceed," continued the president. "You will not deny,"
he said, after an interval of reflection, "that you are a native of
Carolina?"
"I can scarcely deny that before you," replied Butler, "who, in my
absence, as report says, have been busy in the investigation of my
affairs."
"There are bounds, sir, to the forbearance of a court," said Innis,
sternly. "I understand the taunt. Your estates have been the subject of
consideration before another tribunal; and if my advice were listened
to, the process relating to them would be a short one."
"You are answered," returned Butler.
"Nor can you deny that you were an officer belonging to the army under
the command of General Lincoln."
Butler was silent.
"You were at Charleston during the siege?" inquired one of the court.
"In part," replied Butler. "I left it in March, the bearer of despatches
to Congress."
"And you were in arms on the night of the thirteenth, at Grindall's
Ford?" continued the same questioner.
"I confess it, sir."
"That's enough," interrupted Innis. "In the ninth article of the
capitulation of Charleston we read: 'all civil officers, and the
citizens who have borne arms _during the siege_, must be prisoners on
parole.'"
"I should say," interposed St. Jermyn, who now, for the first time,
opened his lips, "that the prisoner scarcely falls within that
description. The words 'during the siege' would seem to point to a
service which lasted to the end. They are, at least, equivocal; and I
doubt Lord Cornwallis would be loath to sanction a judgment on such a
ground."
Upon this ensued a consultation amongst the officers at the table,
during which Butler was withdrawn to a short distance in the rear of the
assemblage. Several of the unoccupied soldiers of the camp, at this
stage of the trial, had crowded into the neighborhood of the court; and
the sentinels, yielding to the eagerness of the common curiosity, had
relaxed their guard so far as to allow the spectators to encroach beyond
the lines. Among those who had thrust themselves almost up to the
trial-table were a few children, male and female, bearing on their arms
baskets of fruit and vegetables, which had been brought within the camp
for sale. A smart-looking girl, somewhat older than the rest, seemed to
have gained more favor from the crowd than her competitors, by the
temptation which she presented of a rich collection of mellow apples;
and perhaps her popularity was in some degree increased by the soft and
pleasant-toned voice in which she recommended her wares, no less than by
the ruddy, wholesome hue of her cheek, and an agreeable, laughing, blue
eye, that shone forth from the shade of a deep and narrow sun-bonnet,
the curtain of which fell upon her shoulders and down her back.
"Buy my apples, gentlemen," said the pretty fruit-merchant, coming up
fearlessly to Colonel Innis, in the midst of the consultation.
"Three for a penny; they are very ripe and mellow, sir."
The colonel cast his eye upon the treasures of the basket, and began to
select a few of the choicest fruit. Thus encouraged, the girl set her
load upon the table, in the midst of the hats and swords with which it
was encumbered, and very soon every other member of the court followed
the example of the presiding officer, and became purchasers of the
greater part of the store before them. When this traffic was concluded,
the little huckster took up her burden and retired towards the group of
spectators. Seeing the prisoner in this quarter, she walked up to him,
curtsied, and presented him an apple, which was gratefully accepted, and
the proffered return, from him, in money, refused.
When about a quarter of an hour had elapsed, Butler was resummoned to
his seat, and the court again proceeded to business. The inquiry now
related to the second charge--that, namely, which imputed to the
prisoner the character of a spy in his visit at Adair's. To this
accusation, Captain Hugh Habershaw and several of his troop were called
as witnesses. The amount of testimony given by them was, that, on the
eleventh of the month, they had received information that a Continental
officer, whose real name and title was Major Butler, but who was
travelling in disguise and under an assumed name, from the Catawba
towards the Broad River, in company with a well known, stark Whig--a
certain Horse Shoe Robinson--was expected in a few days to arrive at Wat
Adair's. That Habershaw, hoping to intercept them, had scoured the
country between the two rivers; but that the travellers had eluded the
search, by taking a very circuitous and unfrequented route towards the
upper part of Blair's Range and Fishing Creek. That, on the night of the
twelfth, the two men arrived at Adair's, unmolested; and, on the morning
of the thirteenth, some of the woodman's family had met Habershaw and
apprised him of this fact; adding, further, that the prisoner had
offered a bribe to Adair, to induce him to give information in regard to
the loyalist troops in the neighborhood, with a view to communicate it
to a certain Colonel Clarke, who had appointed to meet Butler and his
companion somewhere on the upper border of the province. That, in
consequence of this attempt, Adair had directed the prisoner towards
Grindall's Ford; and, this intelligence being communicated to the
witness, he had conducted his troop to that place, where he succeeded in
arresting the prisoner and his comrade, with the loss of two men in the
struggle. The narrative then went on to give the particulars of Horse
Shoe's escape, and the other facts with which the reader is acquainted.
This account was corroborated by several witnesses, and, amongst the
rest, by Curry.
Butler heard the testimony with the most painful sensations. There was
just enough of truth in it to make the tale plausible; and the falsehood
related to points which, as they were affirmed upon hearsay, he could
not repel by proof. There was a common expression of opinion amongst the
bystanders--who in general were inclined to take the side of the
prisoner in reference to the charge which was supposed to affect his
life--that this accusation of Butler's acting the part of a spy was
sustained by the proof. In vain did he protest against the injustice of
being condemned on what was alleged to have been said by some of Adair's
family; in vain did he deny that he had offered a bribe to Adair for
information respecting the Tories; and equally in vain did he affirm
that he had asked of Adair nothing more than the common hospitality due
to a traveller, and for which he had made him a moderate requital--the
only money the woodman had received from him. The current was now
setting violently against him, and it seemed impossible to stem it.
"It is but due," said Captain St. Jermyn, a second time interposing in
behalf of the prisoner, "to the rank and character of Major Butler,
since a portion of this testimony is second-hand, to take his own
examination on these alleged facts. With permission, therefore, I would
ask him a few questions."
"The court will not object," said Innis, who throughout affected the air
of an impartial judge.
"It is true, Major Butler, that you were at Adair's on the night of the
twelfth?" said the volunteer advocate of the prisoner.
"I was, sir."
"And you made no concealment of your name or rank?"
"I will not say that," replied Butler.
"You were under a feigned name then, sir?" inquired Innis, as St. Jermyn
seemed a little confounded by the answer he had received.
"I was called Mr. Butler, sir; my rank or station was not communicated."
"Your dress?"
"Was an assumed one, to avoid inquiry."
"This man, Horse Shoe Robinson," said St. Jermyn, "was known to Adair as
a whig soldier?"
"Well known," replied Butler; "and I was also represented as belonging
to that party. Adair himself led us to believe that he was friendly to
our cause."
Here several members of the court smiled.
"Had you met any parties of loyalists," inquired Innis, "in your journey
between Catawba and Broad?"
"We had--more than one."
"How did you escape them?"
"By assuming feigned characters and names."
"Your purpose was to join Clarke?"
"I am not at liberty to answer that question," replied the prisoner.
"Suffice it, sir, I was travelling through this region on a mission of
duty. My purpose was to act against the enemy. So far the charge is
true, and only to this extent. I came with no design to pry into the
condition of the royal troops; I sought only a successful passage
through a contested, though sadly overpowered country."
"You offered no money to Adair," said St. Jermyn again, as if insisting
on this point of exculpation, "but what you have already called a
moderate requital for his entertainment?"
"None," replied the prisoner--"except," he added, "a guinea, to induce
him to release, from some wicked torture, a wolf he had entrapped."
"It will not do," said Colonel Innis, shaking his head at St. Jermyn;
and the same opinion was indicated in the looks of several of the court.
"I was at Walter Adair's that night, and saw the gentleman there, and
heard all that was said by him; and I am sure that he offered Watty no
money," said our little apple-girl, who had been listening with
breathless anxiety to the whole of this examination, and who had now
advanced to the table as she spoke the words. "And I can tell more about
it, if I am asked."
"And who are you, my pretty maid?" inquired Colonel Innis, as he lifted
the bonnet from her head and let loose a volume of flaxen curls down
upon her neck.
"I am Mary Musgrove, the miller's daughter," said the damsel, with great
earnestness of manner, "and Watty Adair is my uncle, by my mother's
side--he married my aunt Peggy; and I was at his house when Major Butler
and Mr. Horse Shoe Robinson came there."
"And what in the devil brought you here?" said Habershaw gruffly.
"Silence!" cried Innis, impatient at the obtrusive interruption of the
gross captain. "What authority have you to ask questions? Begone, sir."
The heavy bulk of Hugh Habershaw, at this order, sneaked back into the
crowd.
"I came only to sell a few apples," said Mary.
"Heaven has sent that girl to the rescue of my life," said Butler, under
the impulse of a feeling which he could not refrain from giving vent to
in words. "Pray allow me, sir, to ask her some questions."
"It is your privilege," was the answer from two or three of the court;
and the spectators pressed forward to hear the examination.
Butler carefully interrogated the maiden as to all the particulars of
his visit, and she, with the most scrupulous fidelity, recounted the
scenes to which she had been a witness. When she came to detail the
conversation which she had overheard between Adair and Lynch, and the
events that followed it, the interest of the bystanders was wound up to
the highest pitch. There was a simplicity in her recital of this strange
and eventful story, that gave it a force to which the most skilful
eloquence might in vain aspire; and when she concluded, the court
itself, prejudiced as the members were against the prisoner, could not
help manifesting an emotion of satisfaction at the clear and unequivocal
refutation which this plain tale inferred against the testimony of
Habershaw and his confederates. Innis alone affected to treat it
lightly, and endeavored in some degree to abate its edge, by suggesting
doubts as to the capacity of a young girl, in circumstance so likely to
confuse her, to give an exact narrative of such a complicated train of
events. Every cross-examination, however, which was directed to the
accuracy of the maiden's story, only resulted in producing a stronger
conviction of its entire truth. This concluded the examination on the
second charge.
The court now proceeded to the third and last accusation against the
prisoner.
To this there was but one witness called--James Curry. In the course of
the examination this man showed great address and knowledge of the
world. He gave some short account of himself. He had been a man born to
a better condition of life than he now enjoyed. His education had been
liberal, and his associations in life extremely various. It was to be
inferred from his own relation, that he had fallen into some early
indiscretion which had thrown him into the lowest stations of society,
and that his original delinquency had prevented him from ever rising
above them. He had served for many years in the army, and was present at
the surrender of Charleston, being at that period a confidential
servant, or man of business, to the young Earl of Caithness, the
aide-de-camp of Sir Henry Clinton. Upon the departure of that young
nobleman with the rest of Sir Henry's military family, for New York, he
had remained behind, and had taken a similar service to that which he
had left, with another officer of some repute. "There were state
reasons," he said, "why this gentleman's name could not now be
communicated to the court." That, in the month of July, he had attended
his master on a visit to Mr. Philip Lindsay, in Virginia; and whilst in
the immediate vicinity of that gentleman's residence, at a small country
tavern, he had accidentally become privy to the design of the prisoner,
and the same Horse Shoe Robinson who had been mentioned before, to seize
upon the person and papers of Mr. Lindsay: that these two persons had
actually arrived at the tavern he spoke of to commence operations. That
he had overheard them discussing the whole plan; and he had no doubt
they had allies at hand to assist in the scheme, and would have
proceeded that same night to put it in execution, if he had not
frustrated their design at the risk of his life. That, with the view of
interrupting this enterprise, he had lured Robinson, the companion of
the prisoner, to walk with him at night to the margin of a small river
near the tavern, where he accused him of the treacherous design which he
and his comrade had in view: that, in consequence of this, Robinson had
endeavored to take his life which was only saved by a severe struggle;
and that, being thus discovered in their purpose, this man, Robinson,
and the prisoner had made a hasty retreat towards Gates's head-quarters.
Such was in effect the narrative of James Curry, which was solemnly
given upon oath. Butler was for some moments confounded with
astonishment at the audacity of this falsehood. He urged to the court
the improbability of the whole story. "It would have been easy," he
said, "if I had been hostile to Mr. Philip Lindsay--which, God knows,
there are most cogent reasons to disprove--it would have been easy to
procure his arrest without an attempt at a violent seizure by me. I had
only to speak, and the whole country around him would have united in
treating him as an object of suspicion, on account of his politics." He
admitted that he was at Mrs. Dimock's at the time spoken of--that
Robinson attended him there; but all else that had been said relating to
the visit, he affirmed to be utterly false. He gave the particulars of
the meeting between Horse Shoe and the witness, as he had it from
Robinson; and spoke also of his knowledge of the visit of Tyrrel at the
Dove Cote--"which person," he said, "he had reason to believe, came
under a name not his own."
"How do you happen to be so familiar," inquired Innis, "with the affairs
of Mr. Lindsay?"
"That question," replied Butler, "as it refers to matters entirely
private and personal, I must decline to answer."
Curry, upon a second examination, re-affirmed all he had said before,
and commented with a great deal of dexterity upon Butler's statement,
particularly in reference to such parts of it as the prisoner's repeated
refusal to answer had left in doubt. After a protracted examination upon
this point, the trial was at length closed, and Butler was ordered back
to his apartment in the farm-house.
Here he remained for the space of half an hour, an interval that was
passed by him in the most distressing doubt and anxiety. The whole
proceeding of the court boded ill to him. The haste of his trial, the
extraordinary nature of the charges, and the general unsympathizing
demeanor of the court itself, only spoke to his mind as evidences of a
concealed hostility, which sought to find a plausible pretext for making
him a sacrifice to some private malevolence. He was therefore prepared
to expect the worst when, at the close of the half hour, St. Jermyn
entered his chamber.
"I come, sir," said the officer, "to perform a melancholy duty. The
court have just concluded their deliberations."
"And I am to be a sacrifice to their vengeance. Well, so be it! There
was little need of deliberation in my case, and they have soon
despatched it," said Butler, with a bitter spirit, as he paced up and
down his narrow chamber. "What favor have these, my impartial judges,
vouchsafed to me in my last moment? Shall I die as a common felon, on a
gibbet, or am I to meet a soldier's doom?"
"That has been thought of," said St. Jermyn. "The commanding officer has
no disposition to add unnecessary severity to your unhappy fate."
"Thank God for that! and that the files detailed for this service are to
be drawn from the ranks of my enemies! I will face them as proudly as I
have ever done on the field of battle. Leave me, sir; I have matters in
my thought that require I should be alone."
"Your time, I fear, is brief," said St. Jermyn. "The guard is already at
hand to conduct you to the court, who only stay to pass sentence. I came
before to break the unhappy news to you."
"It is no news to me," interrupted Butler. "I could expect no other
issue to the wicked designs by which I have been seized. This solemn
show of a trial was only got up to give color to a murderous act which
has been long predetermined."
At this moment, the heavy and regular tap of the drum, struck at equal
intervals, and a mournful note from a fife, reached the prisoner's ear.
"I come!" exclaimed Butler. "These fellows are practising their manual
for an occasion in which they appear impatient to act. One would think,
Captain St. Jermyn," he added, with a smile of scorn, "that they needed
but little practice to accomplish them for a ceremony which has of late,
since his majesty has extended his merciful arm over this province,
grown to be a familiar piece of military punctilio."
St. Jermyn hastily fled from the room, and rushing out upon the
grass-plot where the guard was collected, cried out:
"Silence, you base and worthless knaves! Is it thus you would insult the
sufferings of an unfortunate enemy, by drumming, under his very ear,
your cursed death-notes? Strike but one note upon that drum again, and I
will have you up to the halberds."
"The music did but try a flourish of the dead march," replied the
sergeant of the guard; "they are a little rusty, and seeing that the
Whig officer"--
"Another word, sir, and you shall be sent to the provost-marshal. Attend
the prisoner."
"I am here," said Butler, who had overheard this conversation, and had
already descended to the door.
With a mournful and heavy heart, though with a countenance that
concealed his emotions under an air of proud defiance, he took his place
in the ranks, and marched to the spot where the court were yet
assembled.
"A chair for the prisoner," said some of the individuals present, with
an officious alacrity to serve him.
"I would rather stand," replied Butler. "It is my pleasure to hear the
behests of my enemies in the attitude a soldier would choose to meet his
foe in the field."
"Mine is a painful duty, Major Butler," said Innis, rising, as he
addressed the prisoner. "It is to announce to you that, after a full and
most impartial trial, in which you have had the advantage of the freest
examination of witnesses, and every favor accorded to you which the
usages and customs of war allow, you have been found guilty of two of
the charges imputed to you in the list with which you were furnished
this morning. Notwithstanding the satisfactory testimony which was given
in your behalf by the girl Mary Musgrove, in relation to your conduct at
the house of Adair, and however disposed the court were to abandon an
accusation which thus seemed to be refuted, it has occurred to them,
upon subsequent reflection, that, by your own confession--given, sir,
permit me to say, with the frankness of a soldier--you came into this
district in disguise and under false names, and thus enabled yourself to
collect information relative to the condition of the royal forces, which
it was doubtless your purpose to use to our detriment. The court, for a
moment, might have led you to entertain hope that they were satisfied
that in this charge you had been wronged. The simple, affecting, and,
no doubt, true narrative made by the miller's daughter produced a
momentary sensation that was too powerful to be combated. That
narrative, however, does not relieve you from the effect of your own
confessions, since both may be true, and the charge still remain
unimpaired against you.
"The offence of breaking your parole and infringing the terms of the
capitulation of Charleston, is open to a legal doubt, and, therefore, in
tenderness to you, has not been pressed; although the court think, that
the very circumstance of its doubtful character should have inculcated
upon you the necessity of the most scrupulous avoidance of service in
the conquered province.
"The last charge against you is fully proved. Not a word of counter
evidence has been offered. Strictly speaking, by the usages of war, this
would not be an offence for the notice of a military tribunal. The
perpetrators of it would be liable to such vindictive measures as the
policy of the conqueror might choose to adopt. That we have given you,
therefore, the benefit of an inquiry, you must regard as an act of
grace, springing out of our sincere desire to do you ample justice. The
nature of the offence imputed and proved is such as, at this moment,
every consideration of expediency demands should be visited with
exemplary punishment. The friends of the royal cause, wherever they may
reside, shall be protected from the wrath of the rebel government; and
we have, therefore, no scruple in saying, that the attempt upon the
person of Mr. Philip Lindsay requires a signal retribution. But for this
last act, the court might have been induced to overlook all your other
trespasses. Upon this, however, there is no hesitation.
"Such being the state of the facts ascertained by this tribunal, its
function ceases with its certificate of the truth of what has been
proved before it. The rest remains to me. Without the form of an
investigation, I might, as the commanding officer of a corps on detached
service, and by virtue of special power conferred upon me, have made up
a private judgment in the case. I have forborne to do that, until, by
the sanction of a verdict of my comrades, I might assure myself that I
acted on the clearest proofs. These have been rendered.
"My order, therefore, is, in accordance with the clear decision of the
court,--and, speaking to a soldier, I use no unnecessary phrase of
condolence,--that you be shot to death. Time presses on us and forbids
delay. You will be conducted to immediate execution. Major Frazer," he
said, turning to one of his officers, "to your discretion I commit this
unpleasant duty." Then, in a tone of private direction, he added, "Let
it be done without delay; pomp and ceremony are out of place in such a
matter. I wish to have it despatched at once."
"I would speak," said Butler, repressing the agitation of his feelings,
and addressing Innis with a stern solemnity, "not to implore your mercy,
nor to deprecate your sentence: even if I could stoop to such an act of
submission, I know my appeal would reach your ears like the idle wind:
but I have private affairs to speak of."
"They were better untold, sir," interrupted Innis with an affected air
of indifference. "I can listen to nothing now. We have other business to
think of. These last requests and settlements of private affairs are
always troublesome," he muttered in a tone just audible to the officers
standing near him; "they conjure up useless sympathies."
"I pray you, sir," interposed St. Jermyn.
"It is in vain, I cannot hear it," exclaimed the commander, evidently
struggling to shake from his mind an uncomfortable weight. "These are
woman's requests! God's mercy! How does this differ from death upon the
field of battle? a soldier is always ready. Ha! What have we here?" he
exclaimed, as a trooper rode up to the group. "Where are you from? What
news?"
"A vidette from Rocky Mount," answered the horseman. "I am sent to
inform you that, yesterday, Sumpter defeated three hundred of our people
on the Catawba, and has made all that were alive, prisoners, besides
capturing fifty or sixty wagons of stores which the detachment had under
convoy for Camden."
The first inquiries that followed this communication related to
Sumpter's position, and especially whether he was advancing towards this
camp.
"He is still upon Catawba, tending northwards," replied the vidette.
"Then we are free from danger," interrupted Innis. "I am stripping the
feathers from a bird to-day that is worth half of Sumpter's prize," he
added, with a revengeful smile, to an officer who stood by him.
During this interval, in which the commander of the post was engaged
with the vidette, the guard had conducted the prisoner back to the
house, and Innis, freed from the restraint of Butler's presence, now
gave way to the expression of a savage exultation at the power which the
events of the morning had given him, to inflict punishment upon one that
he termed an audacious rebel. "The chances jump well with us," he said,
"when they enable us to season the joy of these ragged traitors, by so
notable a deed as the execution of one of their shrewdest emissaries.
This fellow Butler has consideration amongst them, and fortune too: at
least he had it, but that has gone into better hands; and, to say truth,
he has a bold and mischievous spirit. The devil has instigated him to
cross our path; he shall have the devil's comfort for it. The whole
party taken did you say?"--
"Every man, sir," replied the vidette.
"How many men had this skulking fellow, Sumpter, at his back?"
"They say about seven hundred."
"And did the cowards strike to seven hundred rebels?"
"They were tangled with the wagons," said the soldier, "and were set on
unawares, on the bank of the river, at the lower ferry."
"Aye, that's the way! An ambuscade, no doubt,--a piece of cowardly
bush-fighting. Fresh men against poor devils worn down by long marching!
Well, well, I have a good requital for the rascally trick. Major
Butler's blood will weigh heavy in the scale, or I am mistaken! Come,
gentlemen, let us to quarters--we must hold a council."
"Here is a letter," said one of the officers of the court, "which I have
this moment found on the table, under my sword belt; it seems, from its
address, to contain matter of moment. How it came here does not appear."
"'To Colonel Innis, or any other officer commanding a corps in his
majesty's service,'" said Innis, reading the superscription, "besides,
here is something significant, '_for life or death, with speed_.' What
can this mean?" he added, as he broke open the paper and ran his eyes
hastily over the contents. St. George! here is something strange,
gentlemen. Listen!--
"'By ill luck I have fallen into the possession of the Whigs.
They have received intelligence of the capture of Major Butler,
and, apprehending that some mischief might befal him, have
constrained me to inform you that my life will be made
answerable for any harsh treatment that he may receive at the
hands of our friends. They are resolute men, and will certainly
make me the victim of their retaliation.
EDGAR ST. JERMYN,
Ensign of the 71st Reg't.
P. S. For God's sake respect this paper, and be lenient to the
prisoner.'"
"Treason and forgery, paltry forgery!" exclaimed Innis, with a smile of
derision, as he finished reading the letter. "What ho! tell Frazer to
lead out the prisoner, and despatch him without a moment's delay. So
much for this shallow artifice!"
"A base forgery," said one of the officers in attendance, "and doubtless
the work of the rebel major himself. He will die with this silly lie
upon his conscience. St. Jermyn, here!" cried out the same officer to
the captain, who was now at some distance, "here is an attempt to put a
trick upon us by a counterfeit of your brother's hand, telling a most
doleful and improbable falsehood. Look at it."
St. Jermyn read the letter, and suddenly turning pale, exclaimed: "Sir,
this is no trick. It is my brother's own writing. He is in the custody
of the Whigs! How came this here? Who brought it? When was it written?
Can nobody tell me?"
"Tut, St. Jermyn!" interrupted the officer, smiling, "you surely cannot
be imposed upon by such a device. Look at the scrawl again. In truth,
are you sure of it, man?" he inquired with great surprise, as he
perceived the increasing paleness of St. Jermyn's brow.
"My brother's life is in imminent danger," replied St. Jermyn, with
intense earnestness. "Colonel Innis, as you value my happiness, I
entreat you, countermand the order for the prisoner's execution. I
implore you, respect this letter; it is genuine, and I dread the
consequences. My poor brother, the youngest of my family and the
special darling of his parents! For heaven's sake, good colonel, pause
until we learn something more of this mysterious business."
"For your sake, my friend, and until we can investigate this matter,"
said Innis, "let the execution be suspended."
St. Jermyn instantly hurried to the guard, to communicate the new order.
"Whence comes this missive?" demanded Innis. "It has neither date nor
place described. Who brought it? Did any one see the bearer?" he asked
aloud of the bystanders.
No one answered except the officer who had first discovered the paper.
"I know nothing more than what you see. It was here upon the table. How
long it had been there I cannot tell."
"It is strange," continued Innis. "Can this young St. Jermyn have fallen
in with Sumpter? Or, after all, is it not an ingenious forgery which has
deceived our friend the captain? Still, who could have brought it here?"
The letter was again examined by every individual present.
"It must be genuine," said one of the officers, shaking his head.
"Captain St. Jermyn was very much in earnest, and it is not likely he
could be deceived. It has been mysteriously deposited here by some agent
of the Whigs. The person should be found, and compelled to give us more
specific information. This matter must be looked to; the ensign, I doubt
not, is in perilous circumstances."
"Let the prisoner be strictly guarded, and held to wait our future
pleasure," said Innis. "I would not put in jeopardy the young ensign's
life. A reward of twenty guineas shall be given to any one who brings me
the bearer of this letter. And you, Lieutenant Connelly, take thirty
troopers, and scour the country round to gain intelligence of this
capture of Edgar St. Jermyn. Be careful to examine every man you meet,
as to the presence of Whig parties in this district. Away instantly, and
do not return without tidings of this singular event."
The camp, by these occurrences, was thrown into great bustle. The
prisoner was securely lodged in his former quarters, and placed under a
double guard; consultations were held amongst the officers; and Butler
himself was strictly interrogated in regard to the appearance of this
mysterious letter, of the contents of which he was yet ignorant. The
examination threw no light on the affair; and, very soon afterwards, a
troop of horse were seen sallying beyond the limits of the camp, under
Lieutenant Connelly, to seek information of the fate of Ensign St.
Jermyn.