The road taken by our party was not the one that communicates between the two principal cities of the State, but was a retired and unfrequented pass, that to this hour is but little known, and which, entering the hills near the eastern boundary, emerges into the plain above, many miles from the Hudson.

It would have been impossible for the tired steeds of Mr. Wharton to drag the heavy chariot up the lengthened and steep ascents which now lay before them; and a pair of country horses was procured, with but little regard to their owner’s wishes, by the two dragoons, who still continued to accompany the party. With their assistance, Cæsar was enabled to advance, by slow and toilsome steps, into the bosom of the hills.

The day had been cloudy and cool, and thin fleecy clouds hung around the horizon, often promising to disperse, but as frequently disappointing Frances in the hope of catching a parting beam from the setting sun. At length a solitary gleam struck the base of the mountain on which she was gazing, and moved gracefully up its side, until, reaching the summit, it stood for a minute, forming a crown of glory to the sombre pile. With a feeling of awe at being thus unexpectedly admitted, as it were, into the secrets of that desert place, Frances gazed intently, until, among the scattered trees and fantastic rocks, something like a rude structure was seen. It was low, and so obscured by the color of its materials, that but for its roof, and the glittering of a window, it must have escaped her notice. While yet lost in the astonishment created by discovering a habitation in such a spot, on moving her eyes she perceived another object that increased her wonder. It apparently was a human figure, but of singular mould and unusual deformity. It stood on the edge of a rock, a little above the hut, and it was no difficult task for our heroine to fancy it was gazing at the vehicles that were ascending the side of the mountain beneath her. The distance, however, was too great for her to distinguish with precision. She continued to gaze at the mysterious residence, when the tones of a bugle rang through the glens and hollows, and were reëchoed in every direction, and directly a party in the well-known uniform of the Virginians came sweeping round the point of a rock, and drew up at a short distance.

Dunwoodie dashed by the party of dragoons, threw himself from his charger, and advanced to her side. His manner was earnest and interested. In a few words he explained that he had been ordered up, with a party of Lawton’s men, in the absence of the captain himself, to attend the trial of Henry, which was fixed for the morrow, and that, anxious for their safety in the rude passes of the mountain, he had ridden a mile or two in quest of the travellers. A short half-hour brought them to the door of the farm-house which the care of Dunwoodie had already prepared for their reception, and where Captain Wharton was anxiously expecting their arrival.

The friends of Henry Wharton had placed so much reliance on his innocence, that they were unable to see the full danger of his situation. The moment at length arrived, and the different actors in the approaching investigation assembled. The judges, three in number, sat by themselves, clad in the vestments of their profession, and maintaining a gravity worthy of the occasion and becoming their rank. In the centre was a man of advanced years, and whose whole exterior bore the stamp of early and long-tried military habits. This was the president of the court; and Frances, after taking a hasty and unsatisfactory view of his associates, turned to his benevolent countenance as to the harbinger[100] of mercy to her brother. There was a melting and subdued expression in the features of the veteran, that, contrasted with the rigid decency and composure of the others, could not fail to attract her notice. His associates were selected from the Eastern troops, who held the fortresses of West Point[101] and the adjacent passes; they were men who had attained the meridian[102] of life, and the eye sought in vain the expression of any passion or emotion on which it might seize as an indication of human infirmity. In their demeanor there was a mild, but a grave, intellectual reserve.

Before these arbiters of his fate Henry Wharton was ushered under the custody of armed men. A profound and awful silence succeeded his entrance, and the blood of Frances chilled as she noted the grave character of the whole proceedings. Two of the judges sat in grave reserve, fixing their eyes on the object of their investigation; but the president continued gazing round with uneasy, convulsive motions of the muscles of the face, that indicated a restlessness foreign to his years and duty. The silence, and the expectation in every eye, at length struck him, and making an effort to collect himself, he spoke, in the tone of one used to authority.

“Bring forth the prisoner,” he said, with a wave of the hand.

Frances turned for a moment, in grateful emotion, as the deep and perturbed breathings of Dunwoodie reached her ears; but her brother again concentrated all her interest in one feeling of intense care. In the background were arranged the inmates of the family who owned the dwelling, and behind them, again, was a row of shining faces of ebony, glistening with pleased wonder. Among these was the faded lustre of Cæsar Thompson’s countenance.

“You are said,” continued the president, “to be Henry Wharton, a captain in his Britannic Majesty’s Sixtieth regiment of foot.”

“I am.”