"There was such lawing and vexation in the towns, one dailie suing and
troubling another, that the veteran was more troubled with lawing within
the towne, than he was in peril at large with the enemie."
HOLINSHED--CONQUEST OF IRELAND.
As we have said, Ralph and the Tuscarora, after the discovery of the
capture of Ruth, anxiously sought the means of releasing her and
Singing-Bird, as well as Ichabod, from the hands of the Senecas. They at
length hit upon a plan, which they proposed to put in execution on the
following night. They deemed it unsafe to attempt it in the daytime, as
they would be much more likely to be discovered by the Indians, than
when under the shelter of darkness.
Barton had recovered somewhat from his first paroxysm of grief, and was
at length able to take part in the preparations which were in the
making. But it was insisted upon by both Ralph and Eagle's-Wing, that he
and the negro should remain at the cottage, as well for the purpose of
defence should another attack be made during their absence, as for that
of having an asylum in readiness, should they succeed in their
enterprise. The cottage contained five or six rifles, in addition to
those which had already been in use, and was well furnished with
ammunition; and it was believed that, should another attack be made,
Barton and the negro might defend it, until assistance could be rendered
by the return of Ralph and the Tuscarora.
Some time had elapsed in these preparations, and it was already noon,
before everything was completed in readiness for the enterprise. A few
hours more were to elapse before it would be proper for them to set
forth. They had no fear that any immediate injury could be contemplated
by the Senecas to Ichabod or Ruth. They supposed that the Indians would
not resort to any means of vengeance, until they had completely failed
in their attempt to get possession of the Tuscarora. Therefore, it was
with no fear, although with much anxiety, that they waited for the hour
fixed upon by them for their hazardous enterprise.
It was just about noon that Sambo, who had been into the cattle-yard to
look after the cattle, came running into the cottage, and announced the
approach of two white strangers from the northward, who were coming on
foot in the direction of the cottage. This intelligence was received
with pleasure; for at any time, in the midst of the forest, when
visitors are few and rare, there is no little excitement on the arrival
of strangers, from whom welcome information of friends or of
occurrences at the settlement may be obtained; but at this time, when
surrounded by so many dangers, a _white_ face was almost certain to be
that of a friend.
The announcement had scarcely been made, when the strangers approached
the door, and were invited cordially by Barton to enter.
The first of the strangers who attracted their attention was a man of
slight stature, not more than five feet six inches in height, with a
sly, cunning expression of countenance. His flesh was shrivelled and
thin, and his complexion was of a yellowish white, resembling somewhat
the color of parchment. He appeared to be about thirty-five years of
age. He had a fussy, uneasy air, never seeming to rest, but constantly
twitching and jerking about--a peculiarity that passes with most men as
the result of great mental activity, but which is more often the
evidence of a disarranged, unmethodized mind.
The other personage was of a large and bulky frame, with a dull, stolid
expression of countenance; besides, his face wore unmistakable marks of
his being addicted to the use of ardent spirits--blossoms indicating
that fact being scattered in considerable profusion over it. He carried
in his hand a rifle, which, either from want of use or because just at
this precise time he was suffering from too familiar an acquaintance
with his favorite pocket companion, he seemed to have no appropriate
place for, and was unable to get into any convenient position.
The strangers entered the cottage, and the first individual we have
described, with a nervous, twitchy manner, said, with an attempt at a
graceful salutation--
"Good day, gentlemen. You do not know me, perhaps; my name is
Bagsley--attorney-at-law--reside in Johnstown, the shire of Tryon
County; and I am now out on a tour of professional business, gentlemen.
This person, who accompanies me, is Mr. Nathan Rogers, one of a
tributary profession. He is a bailiff, gentleman--deputy sheriff of the
county of Tryon--a worthy, time-honored profession; but one, which,
unfortunately, in this county, seems not to be properly appreciated, and
is not in great demand."
"Ugh!" exclaimed the Tuscarora, and turned leisurely towards the window.
"You are welcome, gentlemen," said Barton, "but I am sorry chat I cannot
offer you a better hospitality; but such as I am able to give, you are
welcome to."
The strangers seated themselves with an easy familiarity.
"Quite a beautiful country through here," said Bagsley. "I am always
delighted when I can escape from the drudgery of the profession, and
hold communion with the beauties of nature. But I must confess, you have
rather _too much_ of nature around here, gentlemen. Your roads are not
remarkably well worn or broken; and we have had quite a fatiguing
journey; have we not, Rogers?"
Rogers assented, with a sort of affirmative grunt.
"Belong in these parts?" asked Bagsley, turning towards Ralph.
"I am only on a visit here," was the answer. "I am quite as much a
stranger as yourself."
"Will you allow me to ask," continued Bagsley, addressing Barton, "how
long you have resided in this section?"
"But two years," Barton replied.
"I declare! you must have been active to have accomplished so much. But,
I believe," said Bagsley, with a professional Gravity, "you cannot have
the fee of the property here."
"I am a sort of tenant at sufferance of the Oneidas; but should the
State purchase these lands--as I believe they will, soon--I may hope to
obtain a title to what I already occupy."
"Perhaps--perhaps," answered Bagsley. "But you must be aware, as a
gentleman of experience, that, by an act of the Honorable, the
Legislature of the State of New York, passed July 25, 1782, this section
is particularly and definitely reserved to the Indians of the Six
Nations. Now, it may be questionable--I never speak with certainty out
of my office--but it may be questionable--whether the State will ever
purchase these lands. Should they not--you see the point--you lose, as a
matter of course, all of your improvements, and may be ejected at any
time."
"Of that fact I am well aware," answered Barton, "and I run my risk, of
course. But will you allow _me_ to ask, sir--if my question is not too
impertinent--what business gentlemen of your profession can find in
these forests?"
"I might, sir, according to the doctrine of the common law--the _leges
non scriptæ_--of England, which is yet the law of this State, so far as
it has not been modified by statute, and according to well settled rules
of the courts, decline answering that question, as it relates to
business intrusted to one in a professional capacity, as well as upon
other grounds; but, sir, to a gentleman of your apparent prudence and
experience, and particularly so long as I may wish to obtain important
information from you, I cannot refuse so reasonable a request."
"I did not ask the question," replied Barton, "from any desire to
intrude upon your privacy, but only as a matter of surprise that a legal
gentleman could find _any_ business in this remote wilderness that would
compensate him for the trouble of coming here."
"It _may_ surprise you, sir--it would be likely to occasion surprise,
sir--and I noticed that our red friend, here, expressed his astonishment
on learning our profession; but the truth is, we are in pursuit of a
notorious debtor, with a _capias ad respondendum_. I will describe the
person, and you may be able to give me useful information as to his
whereabouts. He is said to be about forty-five years of age, with
grizzly hair, a tall, thin form, stoops much in walking, thin, dried-up
face, but intelligent countenance, and is said to converse a great deal
upon projects of speculation in property."
"Ichabod, for all the world!" exclaimed Ralph.
"Mr. Jenkins!" exclaimed Barton.
"Ugh!" broke in the Tuscarora.
"I am happy, gentlemen, that I have been able to give a description so
brief, but comprehensive, that you are enabled at once to name the
person of whom we are in pursuit. You see, Rogers, that we are on the
right track after all."
"Yes," grunted that functionary. "We've got the track, but we haven't
got the game."
"O, that will follow, as a matter of course," chuckled the attorney.
"This Ichabod Jenkins probably resides in these parts?"
"I believe he is now in the neighborhood," answered Ralph, with a
gravity that he could scarcely maintain.
"It is important that he should be arrested on this _capias_," said
Bagsley. "The debt is for a large sum, _to_ wit: the sum of _£25, 7s.
6d_., which he owes and unjustly detains from one Samuel Parsons,
plaintiff, and he has not paid the same, or any part thereof, although
often requested so to do, wherefore the said Samuel Parsons claims
damages, &c. And any information of a precise nature, that can be given,
will be freely reciprocated on occasion. Perhaps we can get along
without troubling Mr. Jenkins very much. You seem to be his friends; and
as this is a bailable process, you can give bail for him."
"I doubt," answered Ralph, "whether it will be at all necessary. I am
sorry to inform you, that Mr. Jenkins is now a prisoner among a party of
Senecas in this immediate neighborhood."
"What!" exclaimed Bagsley, "have they also lodged a capias against him!"
"I am more fearful that they have taken him in execution," said Ralph,
with an attempt at a pun, which we are happy to say, he at once
rejected. "The truth is, that this cottage has been attacked by a party
of hostile Senecas, and not only Jenkins, but Miss Barton have been made
prisoners."
Bagsley put on a look of incredulity. "You do not mean to say, that in
these times of peace, war has been levied in this territory against the
peace of our Lord the ---- rather, against the State of New York, _ex
gratia Dei_, free and independent?"
"Fiddlesticks!" ejaculated Rogers.
"It is doubtless a mere assemblage of persons unlawfully together, for
the purpose of committing riot or some other disorderly act; and
probably a simple declaration that gentlemen of our profession are in
the neighborhood, will be sufficient to quell the disturbance. Did I
understand you to say, that this gentleman's daughter has been taken
prisoner?" pointing to Barton.
"So I informed you, sir," answered Ralph.
"I am happy to offer you my services," addressing Barton: "you can
undoubtedly sustain an action of trespass on the case, for the injury in
detaining your daughter from your service. This action, sir--and you
will notice the beauty and appropriateness of the law--is brought
technically for the loss of service--but you recover smart money, by way
of damages for harrowed feelings, &c. Miss Barton can also have her
action for assault and battery. Then there's Jenkins, why here's a way
provided, through the benignity and ubiquity of the law--for at once
satisfying this debt. He also has _his_ action for damages. Really,
Rogers, we have done just the thing by coming here."
"Make out the papers," said Rogers, "and we'll serve 'em tonight."
"It is a most singular thing," said Bagsley, addressing the company
indiscriminately, "the antipathy entertained generally, against
gentlemen of our profession. Without us, I may venture to say, the world
would be helpless--without us, what power would sustain the weak?
Without us, there would be an entire ignorance of that beautiful system
which has been adorned by a Holt, a Hale and a Mansfield. But once let
us enter an ignorant village of this description, and intelligence upon
this subject spreads with wonderful rapidity--men rush forward to try by
experience the fruits of that system which has been adorned by the
labors of genius, and perfected by the wisdom of ages. Indeed,
gentlemen, we may be called the vanguard of civilization."
This eloquent tribute to the legal profession, seemed to provoke a
variety of opinion. Barton and Ralph merely smiled. The Tuscarora
ejaculated "ugh!" with considerable more force than usual; Sambo seemed
to be perfectly enchanted--while Rogers, crossing his legs, and ejecting
a quantity of tobacco-juice upon the floor, exclaimed,
"right--Bagsley--right--and you might have added, what would have become
of the bailiffs, if there were no lawyers?"
"Can you give me the direction towards the riotous assemblage you have
mentioned?" inquired Bagsley.
"You certainly do not think of going thither?" exclaimed Ralph, in
surprise.
"Of course, sir--of course;" answered Bagsley; "were there any certainty
that Mr. Jenkins would immediately return, we would postpone the matter
for the day; but upon your intimation that he is detained _nolens
volens_, I think we shall be obliged to go in pursuit of him."
"You will encounter a great danger," said Ralph. "These Indians are
highly excited and angry, and they may not discriminate between you and
us at the cottage."
"No fear of that, sir," replied Bagsley with an air of dignity and
complacency, "I think they cannot but apprehend the distinction. What do
you think of that, Rogers."
"Right again," said the functionary. "I don't think anybody could
mistake us. There's something in the eye and manner of a bailiff that
make a rogue crest-fallen, at once. I'm ready."
"I beg you, gentlemen, as you value your lives," said Barton, "to give
up this foolish (as I must term it) errand--for the present, at least.
You will certainly regret it when too late."
"We know our duty," said Bagsley, with dignity, "and we shall make an
overt of Mr. Jenkins, whether he be defended by his friends on the one
hand, or the Indians on the other."
"I am sorry that you cannot take good advice," said Ralph; "but we, at
least, shall be conscious that we have warned you of your danger."
"Well, gentlemen," said Rogers, rising and shouldering his rifle, "I've
only got this to say--I never saw a rascal, yet, that dare look Nathan
Rogers boldly in the face; and if these Injins have got more nerve than
other rascals, I want to know it. If there't anybody in my bailiwick
that will refuse to acknowledge my authority, I want to know it, and I
will know it--that's all."
"I am very much obliged to you, gentlemen, for your advice and good
wishes for our welfare," said Bagsley, rising; "but when duty calls, we
must obey. If you will point us the direction, we will be doubly
obliged."
Their direction was pointed out by Ralph, who again made an ineffectual
effort to induce them to desist from their dangerous expedition.
"Good day, gentlemen," said Bagsley, as he was about leaving. "Our
intention is to return here this afternoon, and should you have no
objection, we will admit Mr. Jenkins to bail on your becoming bound in
double the sum I mentioned to you. Good day, gentlemen." And the
attorney departed, followed by the bailiff.
The first impulse of Ralph was to laugh at this little interlude in the
tragedy that was being enacted around them: but the matter was too
serious, after all, to be treated so lightly.
"They are gone to a long imprisonment--perhaps to death," said Barton.
"No get Jenkins, this time," said the Tuscarora. "Lose their
scalps--that all they make."
The hour now approached for the departure of Ralph and Eagle's-Wing. The
sun was just sinking behind the western hills, when, taking their
rifles, they left the cottage, proceeding is a southerly direction.