“To you, gentlemen, it can be no new intelligence to hear that Harvey Birch is suspected of favoring the royal cause,” said Henry, again advancing before the judges; “for he has already been condemned by your tribunals to the fate that I now see awaits myself. I will therefore explain, that it was by his assistance I procured the disguise, and passed your pickets; but to my dying moments, and with my dying breath, I will avow, that my intentions were as pure as the innocent being before you.”

“Captain Wharton,” said the president, solemnly, “the enemies of American liberty have made mighty and subtle efforts to overthrow our power. A more dangerous man, for his means and education, is not ranked among our foes than this peddler of Westchester. He is a spy—artful, delusive, and penetrating, beyond the abilities of any of his class. Sir Henry could not do better than to associate him with the officer in his next attempt. He would have saved André. Indeed, young man, this is a connection that may prove fatal to you!”

The honest indignation that beamed on the countenance of the aged warrior was met by a look of perfect conviction on the part of his comrades.

“I have ruined him!” cried Frances, clasping her hands in terror. “Do you desert us? then he is lost, indeed!”

“Forbear! lovely innocent, forbear!” said the colonel, with strong emotion; “you injure none, but distress us all.”

“Is it then such a crime to possess natural affection?” said Frances wildly. “Would Washington—the noble, upright, impartial Washington, judge so harshly? Delay, till Washington can hear his tale.”

“It is impossible,” said the president, covering his eyes, as if to hide her beauty from his view.

“Impossible! oh! but for a week suspend your judgment. On my knees I entreat you, as you will expect mercy yourself, when no human power can avail you, give him but a day.”

“It is impossible,” repeated the colonel, in a voice that was nearly choked. “Our orders are peremptory, and too long delay has been given already.”

He turned from the kneeling suppliant, but could not, or would not, extricate that hand that she grasped with frenzied fervor.