LITMIR.BIZ

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"the character of a witness can not be impugned by what is mere desultory conversation. Let Dowall withdraw."

      The man retired, and now a whispered conversation was kept up at the table for about a quarter of an hour, in which I could distinctly separate those who befriended from those who opposed me, the Major being the chief of the latter party. One speech of his which I overheard made a slight impression on me, and for the first time suggested uneasiness regarding the event.

      "Whatever you do with this lad must have an immense influence on Tone's trial. Don't forget that if you acquit him you'll be sorely puzzled to convict the other."

      The Colonel promptly overruled this unjust suggestion, and maintained that in my accent, manner, and appearance, there was every evidence of my French origin.

      "Let Wolfe Tone stand upon his own merits," said he, "but let us not mix this case with his."

      "I'd have treated every man who landed to a rope," exclaimed the Major, "Humbert himself among the rest. It was pure 'brigandage,' and nothing less."

      "I hope if I escape, sir, that it will never be my fortune to see you a prisoner of France," said I, forgetting all in my indignation.

      "If my voice have any influence, young man, that opportunity is not likely to occur to you," was the reply.

      This ungenerous speech found no sympathy with the rest, and I soon saw that the Major represented a small minority in the Court.

      The want of my commission, or of any document suitable to my rank or position in the service, was a great drawback; for I had given all my papers to Humbert, and had nothing to substantiate my account of myself. I saw how unfavorably this acknowledgement was taken by the Court; and when I was ordered to withdraw that they might deliberate, I own that I felt great misgivings as to the result.

      The deliberation was a long, and as I could overhear, a strongly disputed one. Dowall was twice called in for examination, and when he retired on the last occasion, the discussion grew almost stormy.

      As I stood thus awaiting my fate, the public, now removed from the Court, pressed eagerly to look at me; and while some thronged the door-way, and even pressed against the sentry, others crowded at the window to peep in. Among these faces, over which my eye ranged in half vacancy, one face struck me, for the expression of sincere sympathy and interest it bore. It was that of a middle-aged man of an humble walk in life, whose dress bespoke him from the country. There was nothing in his appearance to have called for attention or notice, and at any other time I should have passed him over without remark, but now, as his features betokened a feeling almost verging on anxiety, I could not regard him without interest.

      Whichever way my eyes turned, however my thoughts might take me off, whenever I looked toward him, I was sure to find his gaze steadily bent upon me, and with an expression quite distinct from mere curiosity. At last came the summons for me to reappear before the Court, and the crowd opened to let me pass in.

      The noise, the anxiety of the moment, and the movement of the people confused me at first, and when I recovered self-possession, I found that the Judge Advocate was reciting the charge under which I was tried. There were three distinct counts, on each of which the Court pronounced me "Not Guilty," but at the same time qualifying the finding by the additional words – "by a majority of two;" thus showing me that my escape had been a narrow one.

      "As a prisoner of war," said the President, "you will now receive the same treatment as your comrades of the same rank. Some have been already exchanged, and some have given bail for their appearance to answer any future charges against them."

      "I am quite ready, sir, to accept my freedom on parole," said I; "of course, in a country where I am an utter stranger, bail is out of the question."

      "I'm willing to bail him, your worship; I'll take it on me to be surety for him," cried a coarse, husky voice from the body of the court; and at the same time a man dressed in a great coat of dark frieze pressed through the crowd and approached the table.

      "And who are you, my good fellow, so ready to impose yourself on the Court?" asked Peters.

      "I'm a farmer of eighty acres of land, from the Black Pits, near Baldoyle, and the Adjutant there, Mr. Moore, knows me well."

      "Yes," said the Adjutant, "I have known you some years, as supplying forage to the cavalry, and always heard you spoken of as honest and trust-worthy."

      "Thank you, Mr. Moore; that's as much as I want."

      "Yes; but it's not as much as we want, my worthy man," said Peters; "we require to know that you are a solvent and respectable person."

      "Come out and see my place then; ride over the land and look at my stock; ask my neighbors my character; find out if there's any thing against me."

      "We prefer to leave all that trouble on your shoulders," said Peters; "show us that we may accept your surety and we'll entertain the question at once."

      "How much is it?" asked he, eagerly.

      "We demanded five hundred pounds for a Major on the staff; suppose we say two, Colonel, is that sufficient?" asked Peters of the President.

      "I should say quite enough," was the reply.

      "There's eighty of it any way," said the farmer, producing a dirty roll of bank notes, and throwing them on the table; "I got them from Mr. Murphy in Smithfield this morning, and I'll get twice as much more from him for asking; so if your honors will wait 'till I come back, I'll not be twenty minutes away."

      "But we can't take your money, my man; we have no right to touch it."

      "Then what are ye talking about two hundred pounds for?" asked he, sternly.

      "We want your promise to pay in the event of this bail being broken."

      "Oh, I see, it's all the same thing in the end; I'll do it either way."

      "We'll accept Mr. Murphy's guarantee for your solvency," said Peters; "obtain that and you can sign the bond at once."

      "Faith I'll get it sure enough, and be here before you've the writing drawn out;" said he, buttoning up his coat.

      "What name are we to insert in the bond?"

      "Tiernay, sir."

      "That's the prisoner's name, but we want yours."

      "Mine's Tiernay too, sir, Pat Tiernay of the Black Pits."

      Before I could recover from my surprise at this announcement he had left the Court, which, in a few minutes afterward, broke up, a clerk alone remaining to fill up the necessary documents and complete the bail-bond.

      The Colonel, as well as two others of his officers, pressed me to join them at breakfast, but I declined, resolving to wait for my name-sake's return, and partake of no other hospitality than his.

      It was near one o'clock when he returned, almost worn out with fatigue, since he had been in pursuit of Mr. Murphy for several hours, and only came upon him by chance at last. His business, however, he had fully accomplished; the bail-bond was duly drawn out and signed, and I left the barrack in a state of happiness very different from the feeling with which I had entered it that day.

      CHAPTER XXXI.

      A BRIEF CHANGE OF LIFE AND COUNTRY

      My new acquaintance never ceased to congratulate himself on what he called the lucky accident that had led him to the barracks that morning, and thus brought about our meeting. "Little as you think of me, my dear," said he, "I'm one of the Tiernays of Timmahoo myself; faix, until I saw you, I thought I was the last of them! There are eight generations of us in the church-yard at Kells, and I was looking to the time when they'd lay my bones there, as the last of the race, but I see there's better fortune before us."

      "But you have a family I hope?"

      "Sorrow one belonging to me. I might have married when I was young, but there was a pride in me to look for something higher than I had any right, except from blood, I mean; for a better stock than our own isn't to be found; and that's the way years went over and I lost the opportunity, and here I am now an old bachelor, without one to stand to me, barrin' it be yourself."

      The

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