Cudjo's Cave

  XVIII.

  _CONDEMNED TO DEATH._

  Early the next morning Virginia Villars overheard the soldiersconversing on the piazza. The mention of a certain name arrested herattention. She listened: what they said terrified her. Penn Hapgood hadbeen apprehended during the night, and his trial by drum-headcourt-martial was at that moment proceeding.

  "Mr. Pepperill!" she called, in a scarcely audible whisper; and, lookingaround, 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 toavoid the persecutions of his secession neighbors. Such was alreadybecoming the fate of many whose hearts were not in the cause, whosesympathies were all with the government against which they were forcedto 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 dangerinto which he would have rushed, to go and plead Penn's cause.

  Fortunately, perhaps, for him, the guard crossed their muskets beforehim, refusing to let him pass. Their orders were, not only to defend thehouse, but also to prevent his leaving it.

  "Then I will go alone!" said Carl, who was to have been his guide. Andscarcely waiting to receive instructions from Virginia and her father,he ran out, slipping between the soldiers, who had no orders to detainany person but the minister, and ran to the Academy.

  The mockery of a trial was over. The prisoner had been condemned. Thepenalty pronounced against him was death. Already the noose was danglingfrom a tree, and some soldiers were bringing from the school-house atable to serve as a scaffold. Silas Ropes, who had a feather stuck inhis cap, and wore an old rusty scabbard at his side, and flourished asword, enjoying the title of "lieutenant," obtained for him throughBythewood's influence; Lysander Sprowl, who had been honored with acaptaincy from the same source, and who, though a forger, and late afugitive from justice, now boldly defied the power of the civilauthorities to arrest him, trusting to that atrocious policy of theconfederate government which virtually proclaimed to the robber andmurderer, "Become, now, a traitor to your country, and all other crimesshall be forgiven you;"--these, and other persons of like character,appeared chiefly active in Penn's case. That they had no right whateverto constitute themselves a court-martial, and bring him to trial, theyknew perfectly well. They had not waited even for a shadow of authorityfrom their commanding officer. What they were about to do was nothingmore nor less than murder.

  Penn, with his hands tied behind him, and surrounded by a violentrabble, some armed, and others unarmed, was already mounted upon thetable, when Carl arrived, and attempted to force his way through thecrowd.

  "Feller-citizens and soldiers!" cried Lieutenant Ropes, standing on achair beside the scaffold, "this here man has jest been proved to be atraitor and a spy, and he is about to expatiate his guilt on thegallus."

  Two men then mounted the table, passed the noose over Penn's neck, drewit close, and leaped down again.

  "Now," said Ropes, "if you've got any confession to make 'fore the tableis jerked out from under ye, you can ease your mind. Only le' mesuggest, if you don't mean to confess, you'd better hold yer tongue."

  Penn, pale, but perfectly self-possessed, expecting no mercy, noreprieve, made answer in a clear, strong voice,--

  "I can't confess, for I am not guilty. I die an innocent man. I appealto Heaven, before whose bar we must all appear, for the justice you denyme."

  In his shirt sleeves, his head uncovered, his feet bare, his nakedthroat enclosed by the murderous cord, his hands bound behind him, hestood awaiting his fate. Carl in the mean time struggled in vain tobreak through the ring of soldiers that surrounded the extemporizedscaffold,--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 anysatisfaction in hanging him! But the offer of self-sacrifice on the partof the devoted Carl touched one heart, at least. Penn, who hadmaintained a firm demeanor up to this time, was almost unmanned by it.

  "God bless you, dear Carl! Remember that I loved you. Be always honestand upright; then, if you die the victim of wrong, it will be youroppressors, not you, who will be most unhappy. Good by, dear Carl. Bearmy 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 hiseyes, and get through some time to-day."

  "All right, cap'm," said Ropes. "Make ready now, boys, and take awaythis table in a hurry, when I give the word."

  "Hold on, there! What's going on?" cried an unexpected voice, and arecruiting officer from the village made his appearance, riding up on awhite horse.

  The summary proceedings were stayed, and the case explained. The manlistened with an air of grim official importance, his coarse redcountenance betraying not a gleam of sympathy with the prisoner. Yetbeing the superior in rank to any officer present (Silas called him"kunnel"), besides being the only one of them all who had been regularlycommissioned by the confederate government, this man held Penn's fate inhis hands.

  "Hanging's too good for such scoundrels!" he said, frowning at theprisoner. "As for this particular case, there's only one thing to besaid: his life shall be spared on only one condition."

  Carl's heart almost stood still, in his eagerness to listen. Even Pennfelt 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 gloriouscareer of a soldier in the confederate army?"

  "It is impossible for me, sir," said Penn, in a voice of deep feelingand unalterable conviction--"it is impossible for me to bear armsagainst my country!"

  "But the Confederate States shall be your country, and a country to beproud of!" said the man.

  "I am a citizen of the United States; to the United States I oweallegiance," said Penn. "So far from being a traitor, I am willing todie 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'venothing more to say."

  So it only remained for Penn to submit quietly to his fate. Theexecutioners laid hold of the table, and waited for the order to removeit.

  But just then Carl, breaking through the crowd, threw himself before theofficer'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, wasvery sturdy. "You offer yourself as a substitute, eh, if I will sparehis 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 arebel in arms against your country."

  "I have no country," answered Carl, ingeniously excusing himself. "I amvot this man says, a Tuchman. I vill enlisht mit him, and he vill shpareyour life."

  "Boy, it's a bargain," said Colonel Derring, whose passion for obtainingrecruits 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 changein his destiny, saw himself released, and beheld, as in a dream, poorCarl marching off as h
is substitute to the recruiting station.

  "Now let me give you one word of advice," said Captain Sprowl in hisear. "Don't let another night find you within twenty miles of thathalter there, if you wouldn't have your neck in it again."

  "Will you give me a safe conduct?" said Penn, who thought the adviceexcellent, 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 firstplace, as to be let loose in the midst of such a pack of wolvesthirsting for his blood. He did not despair, however, but, putting onhis clothes, determined to make one final and desperate effort toescape.