THE TRIAL.
Now the trial was so near at hand--when in a few hours we should know
beyond a peradventure to what lengths Tryon would go in his villainy
towards the people of the Carolinas we no longer discussed the
possibilities of the near future.
If Masters Husband and William Hunter were set free, as indeed could
be the only just verdict of the judges, and if Fanning was convicted
of having extorted money from the people without even the color of the
law to sustain him, then would our colony be peaceful; but I question
if one among all those horsemen who awaited the signal to disperse
quietly or to ride to their deaths, believed that justice would
triumph.
Even two lads like Sidney and myself understood that the governor
would deny us our rights, and the thoughts of what might come to
those we loved before the sun had disappeared behind the hills,
rendered us dumb.
I did not see any of the gentlemen conversing. I threw myself at full
length on the grass close by Sidney's side, and would hardly have
heard him had he spoken.
My eyes were fixed upon the court-house, surrounded as it was by that
vast throng of people, and I noted every movement, however slight.
When the judges and the officers of the court marched through the lane
formed by the weapons of the soldiers, I saw them plainly, and could
almost imagine that the voice of the sheriff rang in my ears as he
uttered the words which opened the sitting.
My father and four other Regulators had gone into town in order to
give evidence against Fanning, and to combat the charge of "riotous
conduct" which had been preferred against our friends.
All the other gentlemen of our company remained on the hillside, save
Master Hamilton, who stood on the highest point in the encampment
where he might see any signal which our people should give.
The forenoon passed, and I remained like one in a stupor. The noon
hour went by, and I had no sensation of hunger. Some of our companions
ate; but they were the ones known to be lukewarm to the cause.
As I came afterward to know, it was near about two o'clock in the
afternoon when a low hoarse murmur which was like unto nothing save
the growl of an enraged beast sounded on our ears. It rose louder and
louder, gathering in angry menace each instant, until it was of such
volume, that one could hardly have heard a peal of thunder above it,
and then we knew full well that Governor Tryon had trampled all the
laws under his foot--that it was our duty to become rebels in fact, by
rushing upon the villainous representative of the king and cutting him
down.
Then came one from the town running at full speed, and when having
come near enough to make his voice heard, he shouted:
"Master Husband has been acquitted; but both William and James Hunter
and Master Hamilton have been adjudged guilty, and are fined one
thousand pounds each, in addition to imprisonment for six months!"
"But James Hunter and Master Hamilton had not been even charged with
crime!" one of the Regulators cried, doubting the truth of the news.
"Very true; yet they were tried just the same. Master James Hunter was
taken into custody as he entered the court-room to give evidence
against Fanning, and a warrant is already issued for Master Hamilton,"
the messenger added.
Then Sidney shouted:
"What about Fanning? Has he been acquitted?"
"It is much the same. He was tried on seven counts for extortion,
found guilty, and sentenced to pay one penny on each indictment. Seven
pence to be paid by the rascally lawyer, and one thousand pounds each
by the Hunters and Master Hamilton!"
"And the people?" Master Howell demanded. "What do they say?"
"You can hear for yourself," the man replied, forced to shout even
though he stood close beside us by this time, because of the tumult in
the vicinity of the court-house. "Before the trial had come to an end
the building was filled with soldiers, while the remainder of the
governor's force encircled it. If a fight is begun our friends will be
shot down by hundreds, with no opportunity to strike a blow save with
their bare fists."
Without waiting for the word of command every Regulator mounted his
horse, and all of us waited for the signal from our commander, who had
drawn near to hear the report made by the messenger.
He stood with his chin on his breast like one stunned, neither looking
up nor speaking, while the cries from the opposite side of the river
increased in fury each instant.
"Are we to sit here while our friends are imprisoned without cause?" a
horseman near me asked angrily, and Master Hamilton raised his head as
if to make reply, when some one shouted:
"Here comes Master Husband! They have set him free!"
The man who had been in jail nearly six months for having dared to say
that Tryon had no authority to levy a tax to build himself a palace,
could be seen walking rapidly toward the ford, and all understood that
nothing would be done by us until he arrived.
Master Hamilton rode down to meet him, and the two remained in private
converse five minutes or more before coming up to where we awaited
them with the utmost impatience.
Then it was that our commander spoke:
"Gentlemen, it is our duty to prevent the people of upper Carolina
from beginning a conflict with the king's troops. We must not permit
ourselves to commit any act of violence against the governor until
after due deliberation, for all which we do now is the same as if we
moved against the king. By Master Husband's advice, we shall ride into
town, and do our best to prevent a conflict which would cost the lives
of hundreds of our friends and neighbors. I beseech you that, however
great the provocation, all this company keep well together in military
formation, and obey every order to the letter. Later, when some of
those who are absent can take part in our deliberations as is their
right, we will settle upon a course of action."
Some one offered Master Husband a horse, on which he rode by the side
of our leader as we crossed the river and went from thence to the
court-house, or, I should say, as near as it was possible to advance.
The vast throng were inflamed by anger. They shouted threats against
the soldiers, who were evidently alarmed by the demonstration, and had
General Hamilton given the signal to make an attack, I believe of a
verity that every man, whether armed or not, would have joined the
fray.
At seeing us ride up the citizens shouted yet more loudly; but when we
halted, they turned about to learn the reason of our delay in giving
Tryon a lesson, and Master Hamilton cried out to them, speaking so
loudly that every word must have been heard by those who yet remained
in the court-room.
"We, the Regulation, beg that you will not put your lives in jeopardy
while unprepared for battle. If you will disperse, each sending his
women and children home out of danger, the Regulators will meet you in
solemn deliberation this evening when our plan of action shall be
decided upon."
"And are we to let Tryon and Fanning sneak away?" one of the throng
asked angrily.
"Not so, my friend. While the Regulators are under arms you know full
well that no one can leave Hillsborough without our permission. The
cause will not suffer by this delay, and we shall be in better
position to demand that which you have failed of receiving this
day--justice. Send your families home, collect your weapons, and join
us who have sworn to drive the oppressors out of upper Carolina."
If Tryon was in the court-room, as many of the throng declared, then
he had heard every word spoken by our commander, and I venture to say
he felt ill at ease, for it was plain to be seen that if the
Regulators should be reinforced by these men who were raising their
voices against the farce of a trial, he stood in great danger of being
made prisoner.
He might use the court-house as a fortification, and could hold it two
or three days, perhaps; but we would take good care that he did not
send any messengers to Brunswick or Newberne, and there could be but
one ending to the affair.
The people seemed to understand all this, for straightway they began
to move toward the river, followed by their families, and in less than
half an hour few save the Regulators remained around the building.
The soldiers who had been stationed outside now crowded inside the
court-house, never waiting for orders to move, and we were left like
jailers who are satisfied with holding their prisoners in closed
cells.
Master Hamilton told off a dozen men for sentinels at each side of the
building, and as many more in the rear, with orders to shoot down any
who attempted to escape from the windows, while the main portion of
our force remained thirty yards or more from the front doors.
It looked much as if an attack was to be made upon the king's
representatives despite all Master Hamilton had said regarding the
advisability of waiting for reflection and concerted plans.
Our commander remained by himself, midway between the front rank and
the building, as if expecting that which occurred before we had been
in position five minutes.
Then it was that David Edwards, the governor's secretary, appeared at
one of the windows, and cried warningly:
"In the name of his excellency, Governor William Tryon, I bid ye
disperse! Those who remain do so under the pain and penalty of being
adjudged in rebellion against his most gracious majesty."
"We are in rebellion against tyranny and injustice," Master Hamilton
replied in a loud voice which had in it no tone of menace. "It is our
purpose to remain here until the wrong committed this day has been
righted, and he who ventures out from among you in the meantime will
do so at the expense of his life."
"But this is neither more nor less than armed rebellion against the
king," Edwards cried as if suddenly understanding that we were in a
position to enforce our demand.
"I repeat that we are not here against the king, but to uphold the
laws which Tryon and his minions have trampled in the dust. We of the
Regulators number five hundred men; within two hours we shall have as
many more in our ranks, and it does not need much calculation on your
part to prove that the power is with us, as the rebellion against his
majesty is with you."
Master Edwards disappeared, and I was expecting each moment that the
soldiers within the building would open fire upon us, when my father
appeared at the door, holding up his hand to attract attention.
"It is William Butler, one of the Regulators!" Master Hamilton shouted
for the benefit of those who might not have recognized my father. "Let
him come out!"
Our commander advanced to my father's side, and the two held long
converse, after which both came forward toward our troop.
Then appeared once more at the window, Master Edwards, who cried out:
"Will you allow that I hold a conference with you in private?"
"Meaning in your own name, or that of the governor?" Master Hamilton
asked sharply.
"I would bring to you a message from his excellency."
"You may come," our commander said after whispering with my father;
"but I shall repeat at my pleasure, to these gentlemen, all which you
may say."
Again the secretary disappeared, to show himself at the door a moment
later, and General Hamilton remained motionless, forcing Master
Edwards to approach him.
The two gentlemen saluted, exchanged a few words, and then half a
dozen of our leaders were summoned to what appeared to be a council of
war participated in by representatives of both armies.
Much time was spent by these gentlemen in consultation; but, finally,
it appeared as if some plan had been arranged to the satisfaction of
all. Master Edwards returned to the court-house; our leaders fell back
into line, where we remained half an hour or more wondering what was
to be the upshot of the matter, when suddenly Masters James and
William Hunter, and three other citizens who had been held prisoners,
came out of the door.
While one might have counted five we were held speechless with
astonishment, and then our people began to cheer, for it seemed at the
moment as if we had in fact beaten the governor in a game of his own
making.
Before the shouts died away the command was given for the sentinels to
come in; the troop was formed in fours, and we rode away, heading for
the encampment on the hill.
Our leaders were grave, probably because they alone knew at what price
this temporary triumph had been purchased; but the remainder of the
party were wild with joy, for we imagined ourselves victors.
Before fording the river we were joined by nearly an hundred mounted
men who had obeyed Master Hamilton's instructions to take their
families home and return armed, and throughout the night we received
accessions to our force until the Regulators were more than a thousand
strong.
It can well be supposed that all the company were burning with
curiosity to learn more concerning the bargain which had resulted in
the release of the prisoners; but our commander gave no sign of being
in haste to explain matters.
"The Regulation will meet to-night, and the whole matter shall be laid
before it," he said gravely when Master Howell, bolder than the
others, ventured to ask for particulars.
Sidney and I, when we were occupying our old lean-to once more,
speculated earnestly as to what the people had, through Master
Hamilton, promised as the price of the prisoners' release; but we had
made little headway when Master James Hunter, the deputy, approached
our shelter on his way across the encampment.
After our experience in his company he seemed rather like a comrade
than a mere acquaintance, and Sidney did not hesitate about asking
the questions we were so eager to have answered.
"As yet we have really made no bargain, lads," Master Hunter said as
he seated himself in a friendly way near us. "The governor promised,
for the sole purpose of averting bloodshed, so he declared, to release
those of us who were sentenced to imprisonment and fine, in
consideration of the Regulators returning to camp, and keeping with
them such as might arrive bent on rebellious acts, until to-morrow
morning. Then, so the secretary stated, some proposal looking to peace
will be made."
"It seems much as if Tryon was backing down from the high horse he has
been riding in the Carolinas," Sidney said with a laugh.
"He had no choice in this case," Master Hunter replied. "The
Regulators held him like a rat in a trap, and if a battle had ensued
his own precious body would have been endangered. My only fear is that
he counts, by such delay, on getting the best of us in some way."
"We shall be stronger to-morrow morning than we are now," I ventured
to suggest. "The people are coming in rapidly, and soon we shall
outnumber his force five to one."
"All of which is very true, and because he must have understood that
such would be the case, I am the more suspicious of his honesty in
this matter."
Then it was I dared ask Master Hunter to tell us all that had occurred
in the court-house, and he began by saying:
"There is very little to the story, lad, for unless I'm much mistaken,
Tryon, Edwards and Fanning had the program arranged last night. When I
entered the room the sheriff made me prisoner without so much as
producing a warrant. Not until late in the forenoon were the others
brought in, and then the story of our misdeeds was quickly told by men
like Sandy Wells. Our defense was cut down in every way; we were not
allowed to call our witnesses, and checked when we would have argued
our case. There was no verdict given when the trial closed. The case
of Fanning was called, and of all the witnesses we had brought, only
two were allowed to give in their testimony. Fanning argued that he
was forced to charge extortionate fees in order to gain a livelihood;
that it was generally understood court officers should demand
sufficient to provide them with a fair salary, and then pleaded guilty
as to the indictments so far as the facts were concerned, but insisted
he was innocent according to the spirit of the law."
"I suppose _he_ was allowed ample time in which to argue his case,"
Sidney interrupted.
"As to that you may be certain; it was only the witnesses appearing
against him who were admonished not to waste the court's time. Then we
were sentenced, and after ten minutes or more the judges had agreed
that Fanning should pay seven pence for the crime of extorting
hundreds of pounds from the poor. We would have been sent into the
prison at once but for the fact of your arrival. It could readily be
seen that Tryon was really alarmed by the cries of those outside, and
when the Regulators arrived he went into the next room with the
judges, Fanning and Edwards. The rest you know as well as I. We who
sat in the dock were ordered to follow the secretary, and, to our
great surprise, were set free."
"Then we are to remain here quietly until tomorrow morning?" Sidney
asked.
"That is the proposition."
"And what will the governor be doing meanwhile?"
"I cannot say. It is possible he has troops on the way from Brunswick
or Newberne, as Master Husband suggests; but I am not of the same
opinion. He would most certainly have brought to Hillsborough all the
force that could be raised, before the trial began, for it must be
humiliating to be obliged to make any terms with us."
"He counts on some treachery I'll be bound!" Sidney exclaimed, and
Master Hunter said with a sigh:
"I have the same fear, lad. To release us after we had been sentenced
was a harder task for him than if he had set Husband and my brother
free last week. We shall find that he can play double, while our
people hold so strictly to the truth that they are not willing to
believe a lickspittle like the governor would stoop to tell a
deliberate lie."
Having said this Master Hunter went on his way, and we lads could do
no more than speculate upon the probability of our having put Tryon in
such a trap that he would be forced to deal honestly with us.
Late that evening, when there were not less than one hundred armed men
in the encampment, the Regulation was called to order, and Master
Hamilton opened the meeting by telling the same story we two lads had
previously heard from Master Hunter. He concluded by saying:
"Believing that humanity demanded us to avert bloodshed at any price
short of honor, the officers of the Regulation decided on a truce of
twenty hours in consideration of the freedom of the prisoners. We ask
you to hold the promise we made as if each of you had personally given
his word to it. To-morrow we shall have another proposition from the
governor, and then will be the time when we must decide as to our
future course."
Many gentlemen spoke on the same subject, all agreeing that we could
do no less than adhere strictly to the promise our commander had
given, and then the meeting was dissolved.
Having had no sleep on the previous night, I was right glad to crawl
into the bed of pine branches which Sidney and I called our own, and
not until the sun showed his face next morning did I awaken.
Because a truce had been declared, there was no need of standing
guard, and all our company enjoyed a full night's rest.
As soon as breakfast had been eaten we lounged around the camp,
remaining where we could overlook the town, and waited for some word
from the governor, speculating meanwhile as to what proposition it
might please him to make.
Noon came, and no messenger appeared.
At one o'clock my father was sent across the river to learn why we had
not heard from Tryon, and he returned with a reply that we "would be
well satisfied in a few hours."
This message was given by a servant at the governor's headquarters; my
father had seen neither the governor, his secretary, nor Fanning.
There was no little grumbling because we were thus kept waiting when
the truce was for twenty hours only; but never a man dreamed of
breaking his word. Such perfidy as that was left for his excellency,
William Tryon, he who claimed to be the king's honorable
representative.
My mother had gone home; she went away the afternoon previous when the
women and children were asked to leave the vicinity, and as we waited
for that message which was so long delayed, I was truly thankful she
had not remained, for it came into my mind that there would be a
troublous, rather than a peaceful, ending.
The sun was no more than half an hour high in the heavens when we saw
one who appeared to be a servant, come out of the governor's house and
walk swiftly toward the ford.
It did not seem possible Tryon would send other than one of his
officers on a mission to the Regulation, and yet I believed that now
was come the time when we were to hear from his excellency.
The man halted at the opposite bank of the river, unfolded a huge
document, and began reading that which told us to what a depth of
infamy William Tryon was willing to descend in order to carry his
point.