It goes without saying that neither Edwards, Fanning, nor any member of the sheriff's posse trusted himself outside the town. General Hamilton had given orders that we were to capture any of Tryon's officers which we might come across, and keen were all for such game.
I would willingly have given my horse and rifle, all the property I owned, for the privilege of bringing into camp as my prisoner the attorney Fanning. Although we were under strict orders not to shed blood, save in defense of our own, I question if that black-hearted lawyer's life would have been worth a moment's purchase once he was in our power.
Among Tryon's many proclamations at this time was one which stated that on the twenty-second of September would be begun the trials of those who were confined in jail for any offense, and without question the case of Masters Husband and William Hunter would then be called. It also pleased the representative of the king to declare that "since charges had been preferred against Edmund Fanning, attorney, he would be called upon to render an account of his doings."
No one among the Sons of Liberty believed the wretch who had caused so much misery would be regularly tried; but all were curious to see how Tryon might save his minion when so many and such serious charges could, and would, be made against him.
I have tried to set down here an outline of what Sidney and I did during all that long summer while we waited for the royal governor to do us justice, which had been so long withheld. And by telling it in the fewest possible words, we are now come to three days before the time set for the trials, or, in other words, to the nineteenth of September, in the year of grace 1768.
The Sons of Liberty were resolved that there should be ample evidence against Fanning, whatever the cost, therefore from among the members of the association eight were selected who could swear truthfully that the attorney had defrauded them of several considerable sums of money.
It was believed that, unless protected in some manner, these witnesses would be arrested immediately they showed themselves in Hillsborough, therefore the officers of the Regulation prepared a paper stating that in case these men, whose names were set down therein, should be interfered with in any manner while they were in town to serve as witnesses, the Regulators would immediately make an assault. It was further stated that the lives of the governor and his associates depended entirely upon the manner in which our people were treated, for it would be the duty of every Son of Liberty to seek out the principal officials during the assault, for the purpose of shooting them down.
This was open rebellion, and no mistake; but in order to prevent Tryon from declaring that we had intimidated the courts of justice, there was added to the document the agreement that no member of the association would interfere in any manner whatsoever with the judges or the officials of the court, while the cases were being conducted in a way agreeably with the laws of the king.
This document was sent to the governor by one of our scouts who, going into town, secretly gave it to a royalist for transmission, and, before it could be delivered the venturesome man had rejoined us.
Nor was this all the association did in order to secure fair and impartial trials for Fanning as well our friends.