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"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!" e.j.a.c.u.l.a.t.ed Rogers.
"It is doubtless a mere a.s.semblage 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 trespa.s.s 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 a.s.sault 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 e.j.a.c.u.l.a.t.ed "ugh!" with considerable more force than usual; Sambo seemed to be perfectly enchanted--while Rogers, crossing his legs, and ejecting a quant.i.ty 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 a.s.semblage 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.
CHAPTER XIV.
"An host of furies, Could not have baited me more torturingly, More rudely, or more most unnaturally."
BEAUMONT AND FLETCHER.
Ichabod, whom we have so long neglected, after the departure of Panther and Snake-tongue, remained in as easy a position as the nature of his confinement would permit, and gave himself up to reflection upon his unpleasant situation. It was evident that it was the intention of the Senecas to subject him to torture: but whether they would proceed to the last extremity, he could not conjecture. But the possibility that such might be their intention, could not but present itself to his mind. He had often been in positions where death was impending; but those were times when, amidst the excitement of conflict, the mind does not dwell with any fixed tenacity upon that event; or, if it does, contemplates it under the colors of excitement with which it is clothed. But now, bound hand and foot, he was about to be led unresistingly, and in cool blood, to that fate, about which all men think, and but few appreciate, until the mortal hour.
Ichabod had a sort of creed, upon which he had heretofore relied with confidence. Now, however, for the first time, he began to _doubt_ whether there was not a possibility of error in it, and whether he had sufficiently examined points of faith which he had heretofore rejected.
But whichever way his mind wandered, he ever recurred, in his ignorance, to the simple articles of faith in which he had so long entertained confidence. Such were the nature of his thoughts, when Deersfoot entered the hut, to announce to him that the Senecas and their chief were waiting for him.
Now, Ichabod had, until this moment, been wholly engaged in the train of thought which we have mentioned; but when it was broken by this announcement, a new idea seemed suddenly presented to his mind.
"Yes, I know what that means, Deersfoot. It means that you are going to tortur' me, according to Indian law. I never did ra'ally think that I should live to be game for Senecas; but you do your duty according to your natur', and I'll do mine, according to such light as I've got. But, see here, Deersfoot, now, understand, that I don't ask for marcy, or anything of that sort; but if this business _can_ be compromised to the benefit of _us_ all then it's for your interest as well as mine to settle it. Now, I've got a proposition to make to Panther and the rest of you; and if you've a mind to hear it, well and good; and if you havn't, why, then you needn't."
Deersfoot listened, under the impression that Ichabod had, at last, repented of his resolution, and that he was willing to accept freedom upon the terms which had been proposed to him. After Ichabod had concluded, he replied:
"My brother is wise. I will say to the chief what my brother wishes. It is good for us to be at peace."
With this he departed. But a few moments elapsed, before he returned with the information that the Senecas and their chief would meet their prisoner in council. The withes that were bound about the ankles of Ichabod, were unfastened, yet it was some time before he was able to stand without a.s.sistance. When he had sufficiently recovered the use of his feet, he was conducted by Deersfoot to a lodge on the opposite side of the circle, where he found Panther and Snake-tongue, together with the larger portion of the Senecas, who were seated in a circle about the lodge, to listen to his proposal.
Ichabod was placed in the centre of the circle. Conforming to Indian custom, he preserved a perfect composure and silence, until, at length, he was addressed by Panther:
"My brother," said he, "had a cloud before his eyes, when he refused to listen to my counsel. The cloud has now pa.s.sed away; he now sees clear; he sees that it will be wise to do as we wish. We have come together to listen: my brother can speak."
"I'm afraid we are laboring under some mistake here," replied Ichabod: "as for that business you proposed to me, there's no use in talking about _that_. It's all well enough for a Seneca to propose it; but it would rather go agin my natur' to accept it. I came here to speak to you about a matter of a great deal more importance than that."