Wacousta (Volume I)

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"Guilty," said Halloway, in a tone of mingled pride and
sorrow, "guilty of having listened to the earnest prayer
of my captain, and suffered him, in violation of my
orders, to pass my post. Of the other charges I am
innocent."

The court listened with the most profound attention and
interest to the words of the prisoner, and they glanced
at each other in a manner that marked their sense of the
truth they attached to his declaration.

"Halloway, prisoner," resumed Captain Blessington, mildly,
yet impressively; "recollect the severe penalty which
the third charge, no less than the others, entails, and
recall your admission. Be advised by me," he pursued,
observing his hesitation. "Withdraw your plea, then, and
substitute that of not guilty to the whole."

"Captain Blessington," returned the prisoner with deep
emotion, "I feel all the kindness of your motive; and if
any thing can console me in my present situation, it is
the circumstance of having presiding at my trial an
officer so universally beloved by the whole corps. Still,"
and again his voice acquired its wonted firmness, and
his cheek glowed with honest pride, "still, I say, I
scorn to retract my words. Of the two first charges I am
as innocent as the babe unborn. To the last I plead
guilty; and vain would it be to say otherwise, since the
gate was found open while I was on duty, and I know the
penalty attached to the disobedience of orders."

After some further but ineffectual remonstrance on the
part of the president, the pleas of the prisoner were
recorded, and the examination commenced. Governor de
Haldimar was the first witness.

That officer, having been sworn, stated, that on the
preceding night he had been intruded upon in his apartment
by a stranger, who could have obtained admission only
through the gate of the fortress, by which also he must
have made good his escape. That it was evident the prisoner
had been in correspondence with their enemies; since, on
proceeding to examine the gate it had been found unlocked,
while the confusion manifested by him on being accused,
satisfied all who were present of the enormity of his
guilt. Search had been made every where for the keys,
but without success.

The second charge was supported by presumptive evidence
alone; for although the governor swore to the disappearance
of his son, and the murder of his servant, and dwelt
emphatically on the fact of their having been forcibly
carried off with the connivance of the prisoner, still
there was no other proof of this, than the deductions
drawn from the circumstances already detailed. To meet
this difficulty, however, the third charge had been
framed.

In proof of this the governor stated, that the prisoner,
on being interrogated by him immediately subsequent to
his being relieved from his post, had evinced such
confusion and hesitation, as to leave no doubt whatever
of his guilt; that, influenced by the half promise of
communication, which the court had heard as well as
himself, he had suffered the trial of the prisoner to be
delayed until the present hour, strongly hoping he might
then be induced to reveal the share he had borne in these
unworthy and treasonable practices; that, with a view to
obtain this disclosure, so essential to the safety of
the garrison, he had, conjointly with Major Blackwater,
visited the cell of the prisoner, to whom he related the
fact of the murder of Donellan, in the disguise of his
master's uniform, conjuring him, at the same time, if he
regarded his own life, and the safety of those who were
most dear to him, to give a clue to the solution of this
mysterious circumstance, and disclose the nature and
extent of his connection with the enemy without; that
the prisoner however resolutely denied, as before, the
guilt imputed to him, but having had time to concoct a
plausible story, stated, (doubtless with a view to shield
himself from the severe punishment he well knew to be
attached to his offence,) that Captain de Haldimar himself
had removed the keys from the guard-room, opened the gate
of the fortress, and accompanied by his servant, dressed
in a coloured coat, had sallied forth upon the common.
"And this," emphatically pursued the governor, "the prisoner
admits he permitted, although well aware that, by an
order of long standing for the security of the garrison,
such a fragrant dereliction of his duty subjected him to
the punishment of death."

Major Blackwater was the next witness examined. His
testimony went to prove the fact of the gate having been
found open, and the confusion manifested by the prisoner.
It also substantiated that part of the governor's evidence
on the third charge, which related to the confession
recently made by Halloway, on which that charge had been
framed.

The sergeant of the guard, and the governor's orderly
having severally corroborated the first portions of Major
Blackwater's evidence, the examination on the part of
the prosecution terminated; when the president called on
the prisoner Halloway for his defence. The latter, in a
clear, firm, and collected tone, and in terms that
surprised his auditory, thus addressed the Court:--

"Mr. President, and gentlemen,--Although, standing before
you in the capacity of a private soldier, and, oh! bitter
and humiliating reflection, in that most wretched and
disgraceful of all situations, a suspected traitor, I am
not indeed what I seem to be. It is not for me here to
enter into the history of my past life; neither will I
tarnish the hitherto unsullied reputation of my family
by disclosing my true name. Suffice it to observe, I am
a gentleman by birth; and although, of late years, I have
known all the hardships and privations attendant on my
fallen fortunes, I was once used to bask in the luxuries
of affluence, and to look upon those who now preside in
judgment over me as my equals. A marriage of affection,--a
marriage with one who had nothing but her own virtues
and her own beauty to recommend her, drew upon me the
displeasure of my family, and the little I possessed,
independently of the pleasure of my relations, was soon
dissipated. My proud soul scorned all thought of
supplication to those who had originally spurned my wife
from their presence; and yet my heart bled for the
privations of her who, alike respectable in family, was,
both from sex and the natural delicacy, of her frame, so
far less constituted to bear up against the frowns of
adversity than myself. Our extremity had now become
great,--too great for human endurance; when, through the
medium of the public prints, I became acquainted with
the glorious action that had been fought in this country
by the army under General Wolfe. A new light burst suddenly
upon my mind, and visions of after prosperity constantly
presented themselves to my view. The field of honour was
open before me, and there was a probability I might, by
good conduct, so far merit the approbation of my superiors,
as to obtain, in course of time, that rank among themselves
to which by birth and education I was so justly entitled
to aspire. Without waiting to consult my Ellen, whose
opposition I feared to encounter until opposition would
be fruitless, I hastened to Lieutenant Walgrave, the
recruiting officer of the regiment,--tendered my
services,--was accepted and approved,--received the bounty
money,--and became definitively a soldier, under the
assumed name of Frank Halloway.

"It would be tedious and impertinent, gentlemen," resumed
the prisoner, after a short pause, "to dwell on the
humiliations of spirit to which both my wife and myself
were subjected at our first introduction to our new
associates, who, although invariably kind to us, were,
nevertheless, ill suited, both by education and habit,
to awaken any thing like congeniality of feeling or
similarity of pursuit. Still we endeavoured, as much as
possible, to lessen the distance that existed between
us; and from the first moment of our joining the regiment,
determined to adopt the phraseology and manners of those
with whom an adverse destiny had so singularly connected
us. In this we succeeded; for no one, up to the present
moment, has imagined either my wife or myself to be other
than the simple and unpretending Frank and Ellen Halloway.

"On joining the regiment in this country," pursued the
prisoner, after another pause, marked by much emotion,
"I had the good fortune to be appointed to the grenadier
company. Gentlemen, you all know the amiable qualities
of Captain de Haldimar. But although, unlike yourselves,
I have learnt to admire that officer only at a distance,
my devotion to his interests has been proportioned to
the kindness with which I have ever been treated by him;
and may I not add, after this avowal of my former condition,
my most fervent desire has all along been to seize the
first favourable opportunity of performing some action
that would eventually elevate me to a position in which
I might, without blushing for the absence of the ennobling
qualities of birth and condition, avow myself his friend,
and solicit that distinction from my equal which was
partially extended to me by my superior? The opportunity
I sought was not long wanting. At the memorable affair
with the French general, Levi, at Quebec, in which our
regiment bore so conspicuous a part, I had the good
fortune to save the life of my captain. A band of Indians,
as you all, gentlemen, must recollect, had approached
our right flank unperceived, and while busily engaged
with the French in front, we were compelled to divide
our fire between them and our new and fierce assailants.
The leader of that band was a French officer, who seemed
particularly to direct his attempts against the life of
Captain de Haldimar. He was a man of powerful proportions
and gigantic stature--"

"Hold!" said the governor, starting suddenly from the
seat in which he had listened with evident impatience to
this long outline of the prisoner's history. "Gentlemen,"
addressing the court, "that is the very stranger who was
in my apartment last night,--the being with whom the
prisoner is evidently in treacherous correspondence, and
all this absurd tale is but a blind to deceive your
judgment, and mitigate his own punishment. Who is there
to prove the man he has just described was the same who
aimed at Captain de Haldimar's life at Quebec?"

A flush of deep indignation overspread the features of
the prisoner, whose high spirit, now he had avowed his
true origin, could ill brook the affront thus put upon
his veracity.

"Colonel de Haldimar!" he proudly replied, while his
chains clanked with the energy and force with which he
drew up his person into an attitude of striking dignity;
"for once I sink the private soldier, and address you in
the character of the gentleman and your equal. I have
a soul, Sir, notwithstanding my fallen fortunes, as keenly
alive to honour as your own; and not even to save my
wretched life, would I be guilty of the baseness you now
attribute to me. You have asked," he pursued, in a more
solemn tone, "what proof I have to show this individual
to be the same who attempted the life of Captain de
Haldimar. To Captain de Haldimar himself, should Providence
have spared his days, I shall leave the melancholy task
of bearing witness to all I here advance, when I shall
be no more. Nay, Sir," and his look partook at once of
mingled scorn and despondency, "well do I know the fate
that awaits me; for in these proceedings--in that third
charge--I plainly read my death-warrant. But what, save
my poor and wretched wife, have I to regret? Colonel de
Haldimar," he continued, with a vehemence meant to check
the growing weakness which the thought of his unfortunate
companion called up to his heart, "I saved the life of
your son, even by your own admission, no matter whose
the arm that threatened his existence; and in every other
action in which I have been engaged, honourable mention
has ever been made of my conduct. Now, Sir, I ask what
has been my reward? So far from attending to the repeated
recommendations of my captain for promotion, even in a
subordinate rank, have you once deemed it necessary to
acknowledge my services by even a recognition of them in
any way whatever?"

"Mr. President, Captain Blessington," interrupted the
governor, haughtily, "are we met here to listen to such
language from a private soldier? You will do well, Sir,
to exercise your prerogative, and stay such impertinent
matter, which can have no reference whatever to the
defence of the prisoner."

"Prisoner," resumed the president, who, as well as the
other members of the court, had listened with the most
profound and absorbing interest to the singular disclosure
of him whom they still only knew as Frank Halloway, "this
language cannot be permitted; you must confine yourself
to your defence."

"Pardon me, gentlemen," returned Halloway, in his usual
firm but respectful tone of voice; "pardon me, if, standing
on the brink of the grave as I do, I have so far forgotten
the rules of military discipline as to sink for a moment
the soldier in the gentleman; but to be taxed with an
unworthy fabrication, and to be treated with contumely
when avowing the secret of my condition, was more than
human pride and human feeling could tolerate."

"Confine yourself, prisoner, to your defence," again
remarked Captain Blessington, perceiving the restlessness
with which the governor listened to these bold and
additional observations of Halloway.

Again the governor interposed:--"What possible connexion
can there be between this man's life, and the crime with
which he stands charged? Captain Blessington, this is
trifling with the court, who are assembled to try the
prisoner for his treason, and not to waste their time in
listening to a history utterly foreign to the subject."

"The history of my past life--Colonel de Haldimar,"
proudly returned the prisoner, "although tedious and
uninteresting to you, is of the utmost importance to
myself; for on that do I ground the most essential part
of my defence. There is nothing but circumstantial evidence
against me on the two first charges; and as those alone
can reflect dishonour on my memory, it is for the wisdom
of this court to determine whether that evidence is to
be credited in opposition to the solemn declaration of
him, who, in admitting one charge, equally affecting his
life with the others, repudiates as foul those only which
would attaint his honour. Gentlemen," he pursued, addressing
the court, "it is for you to determine whether my defence
is to be continued or not; yet, whatever be my fate, I
would fain remove all injurious impression from the minds
of my judges; and this can only be done by a simple detail
of circumstances, which may, by the unprejudiced, be as
simply believed."

Here the prisoner paused: when, after some low and earnest
conversation among the members of the court, two or three
slips of written paper were passed to the President. He
glanced his eye hurriedly over them, and then directed
Halloway to proceed with his defence.

"I have stated," pursued the interesting soldier, "that
the officer who led the band of Indians was a man of
gigantic stature, and of apparently great strength. My
attention was particularly directed to him from this
circumstance, and as I was on the extreme flank of the
grenadiers, and close to Captain de Haldimar, had every
opportunity of observing his movements principally pointed
at that officer. He first discharged a carbine, the ball
of which killed a man of the company at his (Captain de
Haldimar's) side; and then, with evident rage at having
been defeated in his aim, he took a pistol from his belt,
and advancing with rapid strides to within a few paces
of his intended victim, presented it in the most deliberate
manner. At that moment, gentlemen, (and it was but the
work of a moment,) a thousand confused and almost
inexplicable feelings rose to my heart. The occasion I
had long sought was at length within my reach; but even
the personal considerations, which had hitherto influenced
my mind, were sunk in the anxious desire I entertained
to preserve the life of an officer so universally beloved,
and so every way worthy of the sacrifice. While yet the
pistol remained levelled, I sprang before Captain de
Haldimar, received the ball in my breast, and had just
strength sufficient to fire my musket at this formidable
enemy when I sank senseless to the earth.

"It will not be difficult for you, gentlemen, who have
feeling minds, to understand the pleasurable pride with
which, on being conveyed to Captain de Haldimar's own
apartments in Quebec, I found myself almost overwhelmed
by the touching marks of gratitude showered on me by his
amiable relatives. Miss Clara de Haldimar, in particular,
like a ministering angel, visited my couch of suffering
at almost every hour, and always provided with some little
delicacy, suitable to my condition, of which I had long
since tutored myself to forget even the use. But what
principally afforded me pleasure, was to remark the
consolations which she tendered to my poor drooping Ellen,
who, already more than half subdued by the melancholy
change in our condition in life, frequently spent hours
together in silent grief at the side of my couch, and
watching every change in my countenance with all the
intense anxiety of one who feels the last stay on earth
is about to be severed for ever. Ah! how I then longed
to disclose to this kind and compassionating being the
true position of her on whom she lavished her attention,
and to make her known, not as the inferior honored by
her notice, but as the equal alike worthy of her friendship
and deserving of her esteem; but the wide, wide barrier
that divided the wife of the private soldier from the
daughter and sister of the commissioned officer sealed
my lips, and our true condition continued unrevealed.

"Gentlemen," resumed Halloway, after a short pause, "if
I dwell on these circumstances, it is with a view to show
how vile are the charges preferred against me. Is it
likely, with all the incentives to good conduct I have
named, I should have proved a traitor to my country? And,
even if so, what to gain, I would ask; and by what means
was a correspondence with the enemy to be maintained by
one in my humble station? As for the second charge, how
infamous, how injurious is it to my reputation, how
unworthy to be entertained! From the moment of my recovery
from that severe wound, every mark of favour that could
be bestowed on persons in our situation had been extended
to my wife and myself, by the family of Colonel de
Haldimar; and my captain, knowing me merely as the simple
and low born Frank Halloway, although still the preserver
of his life, has been unceasing in his exertions to obtain
such promotion as he thought my conduct generally,
independently of my devotedness to his person, might
claim. How these applications were met, gentlemen, I have
already stated; but notwithstanding Colonel de Haldimar
has never deemed me worthy of the promotion solicited,
that circumstance could in no way weaken my regard and
attachment for him who had so often demanded it. How
then, in the name of heaven, can a charge so improbable,
so extravagant, as that of having been instrumental in
the abduction of Captain de Haldimar, be entertained?
and who is there among you, gentlemen, who will for one
moment believe I could harbour a thought so absurd as
that of lending myself to the destruction of one for whom
I once cheerfully offered up the sacrifice of my blood?
And now," pursued the prisoner, after another short pause,
"I come to the third charge,--that charge which most
affects my life, but impugns neither my honour nor my
fidelity. That God, before whom I know I shall shortly
appear, can attest the sincerity of my statement, and
before him do I now solemnly declare what I am about to
relate is true.

"Soon after the commencement of my watch last night, I
heard a voice distinctly on the outside of the rampart,
near my post, calling in a low and subdued tone on the
name of Captain de Haldimar. The accents, hastily and
anxiously uttered, were apparently those of a female.
For a moment I continued irresolute how to act, and
hesitated whether or not I should alarm the garrison;
but, at length, presuming it was some young female of
the village with whom my captain was acquainted, it
occurred to me the most prudent course would be to apprize
that officer himself. While I yet hesitated whether to
leave my post for a moment for the purpose, a man crossed
the parade a few yards in my front; it was Captain de
Haldimar's servant, Donellan, then in the act of carrying
some things from his master's apartment to the guard-room.
I called to him, to say the sentinel at the gate wished
to see the captain of the guard immediately. In the course
of a few minutes he came up to my post, when I told him
what I had heard. At that moment, the voice again repeated
his name, when he abruptly left me and turned to the left
of the gate, evidently on his way to the rampart. Soon
afterwards I heard Captain de Haldimar immediately above
me, sharply calling out 'Hist, hist!' as if the person
on the outside, despairing of success, was in the act of
retreating. A moment or two of silence succeeded, when
a low conversation ensued between the parties. The distance
was so great I could only distinguish inarticulate sounds;
yet it seemed to me as if they spoke not in English, but
in the language of the Ottawa Indians, a tongue with
which, as you are well aware, gentlemen, Captain de
Haldimar is familiar. This had continued about ten minutes,
when I again heard footsteps hastily descending the
rampart, and moving in the direction of the guard-house.
Soon afterwards Captain de Haldimar re-appeared at my
post, accompanied by his servant Donellan; the former
had the keys of the gate in his hand, and he told me that
he must pass to the skirt of the forest on some business
of the last importance to the safety of the garrison.

"At first I peremptorily refused, stating the severe
penalty attached to the infringement of an order, the
observation of which had so especially been insisted upon
by the governor, whose permission, however, I ventured
respectfully to urge might, without difficulty, be
obtained, if the business was really of the importance
he described it. Captain de Haldimar, however, declared
he well knew the governor would not accord that permission,
unless he was positively acquainted with the nature and
extent of the danger to be apprehended; and of these, he
said, he was not himself sufficiently aware. All argument
of this nature proving ineffectual, he attempted to
enforce his authority, not only in his capacity of officer
of the guard, but also as my captain, ordering me, on
pain of confinement, not to interfere with or attempt to
impede his departure. This, however, produced no better
result; for I knew that, in this instance, I was amenable
to the order of the governor alone, and I again firmly
refused to violate my duty.

"Finding himself thwarted in his attempt to enforce my
obedience, Captain de Haldimar, who seemed much agitated
and annoyed by what he termed my obstinacy, now descended
to entreaty; and in the name of that life which I had
preserved to him, and of that deep gratitude which he
had ever since borne to me, conjured me not to prevent
his departure. 'Halloway,' he urged, 'your life, my
life, my father's life,--the life of my sister Clara
perhaps, who nursed you in illness, and who has ever
treated your wife with attention and kindness,--all these
depend upon your compliance with my request. 'Hear me,'
he pursued, following up the impression which he clearly
perceived he had produced in me by this singular and
touching language: 'I promise to be back within the hour;
there is no danger attending my departure, and here will
I be before you are relieved from your post; no one can
know I have been absent, and your secret will remain with
Donellan and myself. Do you think,' he concluded, 'I
would encourage a soldier of my regiment to disobey a
standing order of the garrison, unless there was some
very extraordinary reason for my so doing? But there is
no time to be lost in parley. Halloway! I entreat you
to offer no further opposition to my departure. I pledge
myself to be back before you are relieved.'"

"Gentlemen," impressively continued the prisoner, after
a pause, during which each member of the court seemed to
breathe for the first time, so deeply had the attention
of all been riveted by the latter part of this singular
declaration, "how, under these circumstances, could I be
expected to act? Assured by Captain de Haldimar, in the
most solemn manner, that the existence of those most dear
to his heart hung on my compliance with his request, how
could I refuse to him, whose life I had saved, and whose
character I so much esteemed, a boon so earnestly, nay,
so imploringly solicited? I acceded to his prayer,
intimating, at the same time, if he returned not before
another sentinel should relieve me, the discovery of my
breach of duty must be made, and my punishment inevitable.
His last words, however, were to assure me he should
return at the hour he had named, and when I closed the
gate upon him it was under the firm impression his absence
would only prove of the temporary nature he had
stated.--Gentlemen," abruptly concluded Halloway, "I have
nothing further to add; if I have failed in my duty as
a soldier, I have, at least, fulfilled that of a man;
and although the violation of the first entail upon me
the punishment of death, the motives which impelled me
to that violation will not, I trust, be utterly lost
sight of by those by whom my punishment is to be awarded."

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