XVIII.

_CONDEMNED TO DEATH._

Early the next morning Virginia Villars overheard the soldiers

conversing on the piazza. The mention of a certain name arrested her

attention. She listened: what they said terrified her. Penn Hapgood had

been apprehended during the night, and his trial by drum-head

court-martial was at that moment proceeding.

"Mr. Pepperill!" she called, in a scarcely audible whisper; and, looking

around, Daniel saw her alarmed face at the window.

Daniel was one of the soldiers who had been detailed to guard the house.

Strongly against his will, he had been compelled to enlist, in order to

avoid the persecutions of his secession neighbors. Such was already

becoming the fate of many whose hearts were not in the cause, whose

sympathies were all with the government against which they were forced

to rebel.

"What, marm?" said Pepperill, meekly.

"Is it true what that man is saying?"

"About the schoolmaster? I--I'm afeard it ar true! They've cotched him,

marm, and there's men that's swore the death of him, marm."

Virginia flew to inform her father. The old man rose up instantly,

forgetting his blindness, forgetting his own feebleness, and the danger

into which he would have rushed, to go and plead Penn's cause.

Fortunately, perhaps, for him, the guard crossed their muskets before

him, refusing to let him pass. Their orders were, not only to defend the

house, but also to prevent his leaving it.

"Then I will go alone!" said Carl, who was to have been his guide. And

scarcely waiting to receive instructions from Virginia and her father,

he ran out, slipping between the soldiers, who had no orders to detain

any person but the minister, and ran to the Academy.

The mockery of a trial was over. The prisoner had been condemned. The

penalty pronounced against him was death. Already the noose was dangling

from a tree, and some soldiers were bringing from the school-house a

table to serve as a scaffold. Silas Ropes, who had a feather stuck in

his cap, and wore an old rusty scabbard at his side, and flourished a

sword, enjoying the title of "lieutenant," obtained for him through

Bythewood's influence; Lysander Sprowl, who had been honored with a

captaincy from the same source, and who, though a forger, and late a

fugitive from justice, now boldly defied the power of the civil

authorities to arrest him, trusting to that atrocious policy of the

confederate government which virtually proclaimed to the robber and

murderer, "Become, now, a traitor to your country, and all other crimes

shall be forgiven you;"--these, and other persons of like character,

appeared chiefly active in Penn's case. That they had no right whatever

to constitute themselves a court-martial, and bring him to trial, they

knew perfectly well. They had not waited even for a shadow of authority

from their commanding officer. What they were about to do was nothing

more nor less than murder.

Penn, with his hands tied behind him, and surrounded by a violent

rabble, some armed, and others unarmed, was already mounted upon the

table, when Carl arrived, and attempted to force his way through the

crowd.

"Feller-citizens and soldiers!" cried Lieutenant Ropes, standing on a

chair beside the scaffold, "this here man has jest been proved to be a

traitor and a spy, and he is about to expatiate his guilt on the

gallus."

Two men then mounted the table, passed the noose over Penn's neck, drew

it close, and leaped down again.

"Now," said Ropes, "if you've got any confession to make 'fore the table

is jerked out from under ye, you can ease your mind. Only le' me

suggest, if you don't mean to confess, you'd better hold yer tongue."

Penn, pale, but perfectly self-possessed, expecting no mercy, no

reprieve, made answer in a clear, strong voice,--

"I can't confess, for I am not guilty. I die an innocent man. I appeal

to Heaven, before whose bar we must all appear, for the justice you deny

me."

In his shirt sleeves, his head uncovered, his feet bare, his naked

throat enclosed by the murderous cord, his hands bound behind him, he

stood awaiting his fate. Carl in the mean time struggled in vain to

break through the ring of soldiers that surrounded the extemporized

scaffold,--screamed in vain to obtain a hearing.

"Let him go, and you may hang me in his place!"

The soldiers answered with a brutal laugh,--as if there would be any

satisfaction in hanging him! But the offer of self-sacrifice on the part

of the devoted Carl touched one heart, at least. Penn, who had

maintained a firm demeanor up to this time, was almost unmanned by it.

"God bless you, dear Carl! Remember that I loved you. Be always honest

and upright; then, if you die the victim of wrong, it will be your

oppressors, not you, who will be most unhappy. Good by, dear Carl. Bear

my farewell to those we love. Don't stay and see me die, I entreat you!"

Yet Carl staid, sobbing with grief and rage.

"Why don't you hurry up this business?" cried Lysander Sprowl, angrily,

coming out of the school-house. "Somebody tie a handkerchief over his

eyes, and get through some time to-day."

"All right, cap'm," said Ropes. "Make ready now, boys, and take away

this table in a hurry, when I give the word."

"Hold on, there! What's going on?" cried an unexpected voice, and a

recruiting officer from the village made his appearance, riding up on a

white horse.

The summary proceedings were stayed, and the case explained. The man

listened with an air of grim official importance, his coarse red

countenance betraying not a gleam of sympathy with the prisoner. Yet

being the superior in rank to any officer present (Silas called him

"kunnel"), besides being the only one of them all who had been regularly

commissioned by the confederate government, this man held Penn's fate in

his hands.

"Hanging's too good for such scoundrels!" he said, frowning at the

prisoner. "As for this particular case, there's only one thing to be

said: his life shall be spared on only one condition."

Carl's heart almost stood still, in his eagerness to listen. Even Penn

felt a faint--a very faint--pulse of hope in his breast. The "kunnel"

went on.

"Let him take his choice--either to hang, or enlist. What do you say,

youngster? Which do you prefer--the death of a traitor, or the glorious

career of a soldier in the confederate army?"

"It is impossible for me, sir," said Penn, in a voice of deep feeling

and unalterable conviction--"it is impossible for me to bear arms

against my country!"

"But the Confederate States shall be your country, and a country to be

proud of!" said the man.

"I am a citizen of the United States; to the United States I owe

allegiance," said Penn. "So far from being a traitor, I am willing to

die rather than appear one."

"Then you won't enlist?"

"No, sir."

"Not even to save your life?"

"Not even to save my life!"

"Then," growled the man, turning away, "if you will be such a fool, I've

nothing more to say."

So it only remained for Penn to submit quietly to his fate. The

executioners laid hold of the table, and waited for the order to remove

it.

But just then Carl, breaking through the crowd, threw himself before the

officer's horse.

"O, Colonel Derring! hear me--von vord!"

"Von vord!" repeated the officer, with a coarse laugh, mocking him.

"What's that, you Dutchman?"

"You vill let him go, and I shall wolunteer in his place!" said Carl.

"You!" The officer regarded him critically. Carl, though so young, was

very sturdy. "You offer yourself as a substitute, eh, if I will spare

his life?"

"Carl!" cried Penn, "I forbid you! You shall not commit that sin for me!

Better a thousand times that I should die than that you should be a

rebel in arms against your country."

"I have no country," answered Carl, ingeniously excusing himself. "I am

vot this man says, a Tuchman. I vill enlisht mit him, and he vill shpare

your life."

"Boy, it's a bargain," said Colonel Derring, whose passion for obtaining

recruits overruled every other consideration. "Cut that fellow's cords,

lieutenant, and let him go. Come along with me, Dutchy."

Ropes obeyed, and Penn, bewildered, almost stunned, by the sudden change

in his destiny, saw himself released, and beheld, as in a dream, poor

Carl marching off as his substitute to the recruiting station.

"Now let me give you one word of advice," said Captain Sprowl in his

ear. "Don't let another night find you within twenty miles of that

halter there, if you wouldn't have your neck in it again."

"Will you give me a safe conduct?" said Penn, who thought the advice

excellent, and would have been only too glad to act upon it.

"I've no authority," said Sprowl. "You must take care of yourself."

Penn looked around upon the ferocious, disappointed faces watching him,

and felt that he might about as well have been despatched in the first

place, as to be let loose in the midst of such a pack of wolves

thirsting for his blood. He did not despair, however, but, putting on

his clothes, determined to make one final and desperate effort to

escape.

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