CHAPTER XI.
THE TRIAL.
Now the trial was so near at hand--when in a few hours we should knowbeyond a peradventure to what lengths Tryon would go in his villainytowards the people of the Carolinas we no longer discussed thepossibilities of the near future.
If Masters Husband and William Hunter were set free, as indeed couldbe the only just verdict of the judges, and if Fanning was convictedof having extorted money from the people without even the color of thelaw to sustain him, then would our colony be peaceful; but I questionif one among all those horsemen who awaited the signal to dispersequietly or to ride to their deaths, believed that justice wouldtriumph.
Even two lads like Sidney and myself understood that the governorwould deny us our rights, and the thoughts of what might come tothose 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 fulllength on the grass close by Sidney's side, and would hardly haveheard him had he spoken.
My eyes were fixed upon the court-house, surrounded as it was by thatvast throng of people, and I noted every movement, however slight.
When the judges and the officers of the court marched through the laneformed by the weapons of the soldiers, I saw them plainly, and couldalmost imagine that the voice of the sheriff rang in my ears as heuttered the words which opened the sitting.
My father and four other Regulators had gone into town in order togive evidence against Fanning, and to combat the charge of "riotousconduct" which had been preferred against our friends.
All the other gentlemen of our company remained on the hillside, saveMaster Hamilton, who stood on the highest point in the encampmentwhere he might see any signal which our people should give.
The forenoon passed, and I remained like one in a stupor. The noonhour went by, and I had no sensation of hunger. Some of our companionsate; 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 theafternoon when a low hoarse murmur which was like unto nothing savethe growl of an enraged beast sounded on our ears. It rose louder andlouder, gathering in angry menace each instant, until it was of suchvolume, that one could hardly have heard a peal of thunder above it,and then we knew full well that Governor Tryon had trampled all thelaws under his foot--that it was our duty to become rebels in fact, byrushing upon the villainous representative of the king and cutting himdown.
Then came one from the town running at full speed, and when havingcome near enough to make his voice heard, he shouted:
"Master Husband has been acquitted; but both William and James Hunterand Master Hamilton have been adjudged guilty, and are fined onethousand pounds each, in addition to imprisonment for six months!"
"But James Hunter and Master Hamilton had not been even charged withcrime!" one of the Regulators cried, doubting the truth of the news.
"Very true; yet they were tried just the same. Master James Hunter wastaken into custody as he entered the court-room to give evidenceagainst 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. Sevenpence to be paid by the rascally lawyer, and one thousand pounds eachby 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 eventhough he stood close beside us by this time, because of the tumult inthe vicinity of the court-house. "Before the trial had come to an endthe building was filled with soldiers, while the remainder of thegovernor's force encircled it. If a fight is begun our friends will beshot down by hundreds, with no opportunity to strike a blow save withtheir bare fists."
Without waiting for the word of command every Regulator mounted hishorse, and all of us waited for the signal from our commander, who haddrawn near to hear the report made by the messenger.
He stood with his chin on his breast like one stunned, neither lookingup nor speaking, while the cries from the opposite side of the riverincreased in fury each instant.
"Are we to sit here while our friends are imprisoned without cause?" ahorseman near me asked angrily, and Master Hamilton raised his head asif 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 saythat Tryon had no authority to levy a tax to build himself a palace,could be seen walking rapidly toward the ford, and all understood thatnothing would be done by us until he arrived.
Master Hamilton rode down to meet him, and the two remained in privateconverse five minutes or more before coming up to where we awaitedthem with the utmost impatience.
Then it was that our commander spoke:
"Gentlemen, it is our duty to prevent the people of upper Carolinafrom beginning a conflict with the king's troops. We must not permitourselves to commit any act of violence against the governor untilafter due deliberation, for all which we do now is the same as if wemoved against the king. By Master Husband's advice, we shall ride intotown, and do our best to prevent a conflict which would cost the livesof hundreds of our friends and neighbors. I beseech you that, howevergreat the provocation, all this company keep well together in militaryformation, and obey every order to the letter. Later, when some ofthose who are absent can take part in our deliberations as is theirright, we will settle upon a course of action."
Some one offered Master Husband a horse, on which he rode by the sideof our leader as we crossed the river and went from thence to thecourt-house, or, I should say, as near as it was possible to advance.
The vast throng were inflamed by anger. They shouted threats againstthe soldiers, who were evidently alarmed by the demonstration, and hadGeneral Hamilton given the signal to make an attack, I believe of averity that every man, whether armed or not, would have joined thefray.
At seeing us ride up the citizens shouted yet more loudly; but when wehalted, they turned about to learn the reason of our delay in givingTryon a lesson, and Master Hamilton cried out to them, speaking soloudly that every word must have been heard by those who yet remainedin the court-room.
"We, the Regulation, beg that you will not put your lives in jeopardywhile unprepared for battle. If you will disperse, each sending hiswomen and children home out of danger, the Regulators will meet you insolemn deliberation this evening when our plan of action shall bedecided upon."
"And are we to let Tryon and Fanning sneak away?" one of the throngasked angrily.
"Not so, my friend. While the Regulators are under arms you know fullwell that no one can leave Hillsborough without our permission. Thecause will not suffer by this delay, and we shall be in betterposition to demand that which you have failed of receiving thisday--justice. Send your families home, collect your weapons, and joinus who have sworn to drive the oppressors out of upper Carolina."
If Tryon was in the court-room, as many of the throng declared, thenhe had heard every word spoken by our commander, and I venture to sayhe felt ill at ease, for it was plain to be seen that if theRegulators should be reinforced by these men who were raising theirvoices against the farce of a trial, he stood in great danger of beingmade prisoner.
He might use the court-house as a fortification, and could hold it twoor three days, perhaps; but we would take good care that he did notsend any messengers to Brunswick or Newberne, and there could be butone ending to the affair.
The people seemed to understand all this, for straightway they beganto move toward the river, followed by their families, and in less thanhalf an hour few save the Regulators remained around the building.
The soldiers who had been stationed outside now crowded inside thecourt-house, never waiting for orders to move, and we w
ere left likejailers who are satisfied with holding their prisoners in closedcells.
Master Hamilton told off a dozen men for sentinels at each side of thebuilding, and as many more in the rear, with orders to shoot down anywho attempted to escape from the windows, while the main portion ofour force remained thirty yards or more from the front doors.
It looked much as if an attack was to be made upon the king'srepresentatives despite all Master Hamilton had said regarding theadvisability of waiting for reflection and concerted plans.
Our commander remained by himself, midway between the front rank andthe building, as if expecting that which occurred before we had beenin position five minutes.
Then it was that David Edwards, the governor's secretary, appeared atone of the windows, and cried warningly:
"In the name of his excellency, Governor William Tryon, I bid yedisperse! Those who remain do so under the pain and penalty of beingadjudged in rebellion against his most gracious majesty."
"We are in rebellion against tyranny and injustice," Master Hamiltonreplied in a loud voice which had in it no tone of menace. "It is ourpurpose to remain here until the wrong committed this day has beenrighted, and he who ventures out from among you in the meantime willdo so at the expense of his life."
"But this is neither more nor less than armed rebellion against theking," Edwards cried as if suddenly understanding that we were in aposition to enforce our demand.
"I repeat that we are not here against the king, but to uphold thelaws which Tryon and his minions have trampled in the dust. We of theRegulators number five hundred men; within two hours we shall have asmany more in our ranks, and it does not need much calculation on yourpart to prove that the power is with us, as the rebellion against hismajesty is with you."
Master Edwards disappeared, and I was expecting each moment that thesoldiers within the building would open fire upon us, when my fatherappeared at the door, holding up his hand to attract attention.
"It is William Butler, one of the Regulators!" Master Hamilton shoutedfor the benefit of those who might not have recognized my father. "Lethim come out!"
Our commander advanced to my father's side, and the two held longconverse, 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 Hamiltonasked 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 youmay say."
Again the secretary disappeared, to show himself at the door a momentlater, and General Hamilton remained motionless, forcing MasterEdwards to approach him.
The two gentlemen saluted, exchanged a few words, and then half adozen of our leaders were summoned to what appeared to be a council ofwar 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 ofall. Master Edwards returned to the court-house; our leaders fell backinto line, where we remained half an hour or more wondering what wasto be the upshot of the matter, when suddenly Masters James andWilliam 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 withastonishment, and then our people began to cheer, for it seemed at themoment as if we had in fact beaten the governor in a game of his ownmaking.
Before the shouts died away the command was given for the sentinels tocome in; the troop was formed in fours, and we rode away, heading forthe encampment on the hill.
Our leaders were grave, probably because they alone knew at what pricethis temporary triumph had been purchased; but the remainder of theparty were wild with joy, for we imagined ourselves victors.
Before fording the river we were joined by nearly an hundred mountedmen who had obeyed Master Hamilton's instructions to take theirfamilies home and return armed, and throughout the night we receivedaccessions to our force until the Regulators were more than a thousandstrong.
It can well be supposed that all the company were burning withcuriosity to learn more concerning the bargain which had resulted inthe release of the prisoners; but our commander gave no sign of beingin haste to explain matters.
"The Regulation will meet to-night, and the whole matter shall be laidbefore it," he said gravely when Master Howell, bolder than theothers, 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 MasterHamilton, promised as the price of the prisoners' release; but we hadmade little headway when Master James Hunter, the deputy, approachedour shelter on his way across the encampment.
After our experience in his company he seemed rather like a comradethan a mere acquaintance, and Sidney did not hesitate about askingthe questions we were so eager to have answered.
"As yet we have really made no bargain, lads," Master Hunter said ashe seated himself in a friendly way near us. "The governor promised,for the sole purpose of averting bloodshed, so he declared, to releasethose of us who were sentenced to imprisonment and fine, inconsideration of the Regulators returning to camp, and keeping withthem such as might arrive bent on rebellious acts, until to-morrowmorning. Then, so the secretary stated, some proposal looking to peacewill be made."
"It seems much as if Tryon was backing down from the high horse he hasbeen riding in the Carolinas," Sidney said with a laugh.
"He had no choice in this case," Master Hunter replied. "TheRegulators held him like a rat in a trap, and if a battle had ensuedhis own precious body would have been endangered. My only fear is thathe 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 venturedto suggest. "The people are coming in rapidly, and soon we shalloutnumber his force five to one."
"All of which is very true, and because he must have understood thatsuch would be the case, I am the more suspicious of his honesty inthis matter."
Then it was I dared ask Master Hunter to tell us all that had occurredin 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 Ientered the room the sheriff made me prisoner without so much asproducing a warrant. Not until late in the forenoon were the othersbrought in, and then the story of our misdeeds was quickly told by menlike Sandy Wells. Our defense was cut down in every way; we were notallowed to call our witnesses, and checked when we would have arguedour case. There was no verdict given when the trial closed. The caseof Fanning was called, and of all the witnesses we had brought, onlytwo were allowed to give in their testimony. Fanning argued that hewas forced to charge extortionate fees in order to gain a livelihood;that it was generally understood court officers should demandsufficient to provide them with a fair salary, and then pleaded guiltyas to the indictments so far as the facts were concerned, but insistedhe 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 appearingagainst him who were admonished not to waste the court's time. Then wewere sentenced, and after ten minutes or more the judges had agreedthat Fanning should pay seven pence for the crime of extortinghundreds of pounds from the poor. We would have been sent into theprison at once but for the fact of your arrival. It could readily beseen that Tryon was really alarmed by the cries of those outside, andwhen the Regulators arrived he went into the next room with thejudges, Fanning and Edwards. The rest you know as well as I. We whosat in the dock were ordered to follow the secretary, and, to ourgreat surpr
ise, were set free."
"Then we are to remain here quietly until tomorrow morning?" Sidneyasked.
"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 Brunswickor Newberne, as Master Husband suggests; but I am not of the sameopinion. He would most certainly have brought to Hillsborough all theforce that could be raised, before the trial began, for it must behumiliating to be obliged to make any terms with us."
"He counts on some treachery I'll be bound!" Sidney exclaimed, andMaster Hunter said with a sigh:
"I have the same fear, lad. To release us after we had been sentencedwas a harder task for him than if he had set Husband and my brotherfree last week. We shall find that he can play double, while ourpeople hold so strictly to the truth that they are not willing tobelieve a lickspittle like the governor would stoop to tell adeliberate lie."
Having said this Master Hunter went on his way, and we lads could dono more than speculate upon the probability of our having put Tryon insuch a trap that he would be forced to deal honestly with us.
Late that evening, when there were not less than one hundred armed menin the encampment, the Regulation was called to order, and MasterHamilton opened the meeting by telling the same story we two lads hadpreviously heard from Master Hunter. He concluded by saying:
"Believing that humanity demanded us to avert bloodshed at any priceshort of honor, the officers of the Regulation decided on a truce oftwenty hours in consideration of the freedom of the prisoners. We askyou to hold the promise we made as if each of you had personally givenhis word to it. To-morrow we shall have another proposition from thegovernor, and then will be the time when we must decide as to ourfuture course."
Many gentlemen spoke on the same subject, all agreeing that we coulddo no less than adhere strictly to the promise our commander hadgiven, and then the meeting was dissolved.
Having had no sleep on the previous night, I was right glad to crawlinto the bed of pine branches which Sidney and I called our own, andnot until the sun showed his face next morning did I awaken.
Because a truce had been declared, there was no need of standingguard, 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 wordfrom the governor, speculating meanwhile as to what proposition itmight 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 hadnot heard from Tryon, and he returned with a reply that we "would bewell satisfied in a few hours."
This message was given by a servant at the governor's headquarters; myfather had seen neither the governor, his secretary, nor Fanning.
There was no little grumbling because we were thus kept waiting whenthe truce was for twenty hours only; but never a man dreamed ofbreaking his word. Such perfidy as that was left for his excellency,William Tryon, he who claimed to be the king's honorablerepresentative.
My mother had gone home; she went away the afternoon previous when thewomen and children were asked to leave the vicinity, and as we waitedfor that message which was so long delayed, I was truly thankful shehad not remained, for it came into my mind that there would be atroublous, rather than a peaceful, ending.
The sun was no more than half an hour high in the heavens when we sawone who appeared to be a servant, come out of the governor's house andwalk swiftly toward the ford.
It did not seem possible Tryon would send other than one of hisofficers on a mission to the Regulation, and yet I believed that nowwas come the time when we were to hear from his excellency.
The man halted at the opposite bank of the river, unfolded a hugedocument, and began reading that which told us to what a depth ofinfamy William Tryon was willing to descend in order to carry hispoint.
The Boy Spies with the Regulators Page 11