"Nor can you deny that you were an officer belonging to the army under the command of General Lincoln."
Butler was silent.
"You were at Charleston during the siege?" inquired one of the court.
"In part," replied Butler. "I left it in March, the bearer of despatches to Congress."
"And you were in arms on the night of the thirteenth, at Grindall's Ford?" continued the same questioner.
"I confess it, sir."
"That's enough," interrupted Innis. "In the ninth article of the capitulation of Charleston we read: 'all civil officers, and the citizens who have borne arms during the siege, must be prisoners on parole.'"
"I should say," interposed St. Jermyn, who now, for the first time, opened his lips, "that the prisoner scarcely falls within that description. The words 'during the siege' would seem to point to a service which lasted to the end. They are, at least, equivocal; and I doubt Lord Cornwallis would be loath to sanction a judgment on such a ground."
Upon this ensued a consultation amongst the officers at the table, during which Butler was withdrawn to a short distance in the rear of the assemblage. Several of the unoccupied soldiers of the camp, at this stage of the trial, had crowded into the neighborhood of the court; and the sentinels, yielding to the eagerness of the common curiosity, had relaxed their guard so far as to allow the spectators to encroach beyond the lines. Among those who had thrust themselves almost up to the trial-table were a few children, male and female, bearing on their arms baskets of fruit and vegetables, which had been brought within the camp for sale. A smart-looking girl, somewhat older than the rest, seemed to have gained more favor from the crowd than her competitors, by the temptation which she presented of a rich collection of mellow apples; and perhaps her popularity was in some degree increased by the soft and pleasant-toned voice in which she recommended her wares, no less than by the ruddy, wholesome hue of her cheek, and an agreeable, laughing, blue eye, that shone forth from the shade of a deep and narrow sun-bonnet, the curtain of which fell upon her shoulders and down her back.
"Buy my apples, gentlemen," said the pretty fruit-merchant, coming up fearlessly to Colonel Innis, in the midst of the consultation.