To be seen in their perfection, the Highlands must be passed immediately after the fall of the leaf. The scene is then the finest, for neither the scanty foliage which the summer lends the trees, nor the snows of winter, are present to conceal the minutest objects from the eye. Chilling solitude is the characteristic of the scenery; nor is the mind at liberty, as in March, to look forward to a renewed vegetation that is soon to check, without improving, the view.

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 on 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 somber pile. So strong were the rays, that what was before indistinct now clearly opened to the view. 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 mold 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 to distinguish with precision. After looking at it a moment in breathless wonder, Frances had just come to the conclusion that it was ideal, and that what she saw was a part of the rock itself, when the object moved swiftly from its position, and glided into the hut, at once removing every doubt as to the nature of either. Whether it was owing to the recent conversation that she had been holding with Katy, or to some fancied resemblance that she discerned, Frances thought, as the figure vanished from her view, that it bore a marked likeness to Birch, moving under the weight of his pack. She continued to gaze towards the mysterious residence, when the gleam of light passed away, and at the same instant the tones of a bugle rang through the glens and hollows, and were reechoed in every direction. Springing on her feet, the alarmed girl heard the trampling of horses, and directly a party in the well-known uniform of the Virginians came sweeping round the point of a rock near her, and drew up at a short distance. Again the bugle sounded a lively strain, and before the agitated Frances had time to rally her thoughts, Dunwoodie dashed by the party of dragoons, threw himself from his charger, and advanced to her side.

His manner was earnest and interested, but in a slight degree constrained. 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 travelers. Frances explained, with trembling voice, the reason of her being in advance, and taught him momentarily to expect the arrival of her father. The constraint of his manner had, however, unwillingly on her part, communicated itself to her own deportment, and the approach of the chariot was a relief to both. The major handed her in, spoke a few words of encouragement to Mr. Wharton and Miss Peyton, and, again mounting, led the way towards the plains of Fishkill, which broke on their sight, on turning the rock, with the effect of enchantment. A short half hour brought them to the door of the farmhouse which the care of Dunwoodie had already prepared for their reception, and where Captain Wharton was anxiously expecting their arrival.

[11] The American party was called the party belonging ‘above,’ and the British that of ‘below.’ The terms had reference to the course of the Hudson.

CHAPTER XXVI.

These limbs are strengthened with a soldier’s toil,
Nor has this cheek been ever blanched with fear—
But this sad tale of thine enervates all
Within me that I once could boast as man;
Chill trembling agues seize upon my frame,
And tears of childish sorrow pour, apace,
Through scarred channels that were marked by wounds.

Duo.

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. As the moment of trial, however, approached, the uneasiness of the youth himself increased; and after spending most of the night with his afflicted family, he awoke, on the following morning, from a short and disturbed slumber, to a clearer sense of his condition, and a survey of the means that were to extricate him from it with life. The rank of André, and the importance of the measures he was plotting, together with the powerful intercessions that had been made in his behalf, occasioned his execution to be stamped with greater notoriety than the ordinary events of the war. But spies were frequently arrested; and the instances that occurred of summary punishment for this crime were numerous. These were facts that were well known to both Dunwoodie and the prisoner; and to their experienced judgments the preparations for the trial were indeed alarming. Notwithstanding their apprehensions, they succeeded so far in concealing them, that neither Miss Peyton nor Frances was aware of their extent. A strong guard was stationed in the outbuilding of the farmhouse where the prisoner was quartered, and several sentinels watched the avenues that approached the dwelling. Another was constantly near the room of the British officer. A court was already detailed to examine into the circumstances; and upon their decision the fate of Henry rested.

The moment at length arrived, and the different actors in the approaching investigation assembled. Frances experienced a feeling like suffocation, as, after taking her seat in the midst of her family, her eyes wandered over the group who were thus collected. The judges, three in number, sat by themselves, clad in the vestments of their profession, and maintained a gravity worthy of the occasion, and becoming in their rank. In the center 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 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 attire was strictly in conformity to the prescribed rules of the service to which he belonged; but while his air was erect and military, his fingers trifled with a kind of convulsive and unconscious motion, with a bit of crape that entwined the hilt of the sword on which his body partly reclined, and which, like himself, seemed a relic of older times. There were the workings of an unquiet soul within; but his military front blended awe with the pity that its exhibition excited. His associates were officers selected from the eastern troops, who held the fortresses of West Point and the adjacent passes; they were men who had attained the meridian 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. If there was no ferocity nor harshness to chill, neither was there compassion nor interest to attract. They were men who had long acted under the dominion of a prudent reason, and whose feelings seemed trained to a perfect submission to their judgments.

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. There was but little of pomp in the preparations, to impress her imagination; but the reserved, businesslike air of the whole scene made it seem, indeed, as if the destinies of life awaited the result. Two of the judges sat in grave reserve, fixing their inquiring eyes on the object of their investigation; but the president continued gazing around with uneasy, convulsive motions of the muscles of the face, that indicated a restlessness foreign to his years and duty. It was Colonel Singleton, who, but the day before, had learned the fate of Isabella, but who stood forth in the discharge of a duty that his country required at his hands. The silence, and the expectation in every eye, at length struck him, and making an effort to collect himself, he spoke, in the tones of one used to authority.