After much deliberation, General Irvine yielded to the pleadings of the committee and surrendered the prisoner. The order of General Irvine to the frontiersmen was as follows: “You are hereby enjoined and required to take the Indian delivered into your charge by my order and carry him safe into the settlement of Brush Creek. You will afterward warn two justices of the peace and request their attendance at such times as they shall think proper to appoint, with several other reputable inhabitants. Until this is done and their advise and direction had in the matter you are, at your peril, not to hurt him, nor suffer any person to do it. Given under my hand at Fort Pitt, July 21, 1782.
“WILLIAM IRVINE.”
The general also sent a note to Mrs. Willard, in which he urged her to do nothing rash in retaliating her vengeance on the prisoner, and not to permit him to be put to death until after “some form of trial.”
The intention of the frontiersmen was to summon a jury of their neighbors and try him, at least to comply with the General’s orders. But the fact he was an Indian would be sufficient evidence to condemn him, even if the wounded leg was not added evidence. In event of conviction he was to suffer death in regular Indian fashion, by torture and burning.
On arrival at Walthour’s, Davy was confined in a log blockhouse for two days and three nights, while the neighbors and magistrates could assemble for the trial and execution.
While a few were guarding the prisoner, some were in quest of the neighbors and others collected wood and materials for the burning, which it was already determined should be at the identical spot where he had received his wound while in the act of scalping Willard.
On the night preceding the great day the guard was somewhat careless and, realizing their prisoner was a bad cripple, they joined rather enthusiastically in the preparations for the execution.
On arising in the morning the blockhouse was empty. The guards were aroused and an investigation revealed the guardhouse door securely locked. No human being could get through the loopholes. It was found the only possible way of escape was through the narrow space between the overjutting roof and the top of the wall, and through this he must have escaped.
Bitter was their disappointment, when they learned their prey had escaped. In every direction eager searching parties ranged the country, but no trace of the wounded Delaware. The hunt continued for two days, but Davy had made good his escape and saved himself from the warm reception which awaited him later in the day.