Horse-Shoe Robinson: A Tale of the Tory Ascendency

by John Pendleton Kennedy

"Three for a penny; they are very ripe and mellow, sir."

The colonel cast his eye upon the treasures of the basket, and began to select a few of the choicest fruit. Thus encouraged, the girl set her load upon the table, in the midst of the hats and swords with which it was encumbered, and very soon every other member of the court followed the example of the presiding officer, and became purchasers of the greater part of the store before them. When this traffic was concluded, the little huckster took up her burden and retired towards the group of spectators. Seeing the prisoner in this quarter, she walked up to him, curtsied, and presented him an apple, which was gratefully accepted, and the proffered return, from him, in money, refused.

When about a quarter of an hour had elapsed, Butler was resummoned to his seat, and the court again proceeded to business. The inquiry now related to the second charge—that, namely, which imputed to the prisoner the character of a spy in his visit at Adair's. To this accusation, Captain Hugh Habershaw and several of his troop were called as witnesses. The amount of testimony given by them was, that, on the eleventh of the month, they had received information that a Continental officer, whose real name and title was Major Butler, but who was travelling in disguise and under an assumed name, from the Catawba towards the Broad River, in company with a well known, stark Whig—a certain Horse Shoe Robinson—was expected in a few days to arrive at Wat Adair's. That Habershaw, hoping to intercept them, had scoured the country between the two rivers; but that the travellers had eluded the search, by taking a very circuitous and unfrequented route towards the upper part of Blair's Range and Fishing Creek. That, on the night of the twelfth, the two men arrived at Adair's, unmolested; and, on the morning of the thirteenth, some of the woodman's family had met Habershaw and apprised him of this fact; adding, further, that the prisoner had offered a bribe to Adair, to induce him to give information in regard to the loyalist troops in the neighborhood, with a view to communicate it to a certain Colonel Clarke, who had appointed to meet Butler and his companion somewhere on the upper border of the province. That, in consequence of this attempt, Adair had directed the prisoner towards Grindall's Ford; and, this intelligence being communicated to the witness, he had conducted his troop to that place, where he succeeded in arresting the prisoner and his comrade, with the loss of two men in the struggle. The narrative then went on to give the particulars of Horse Shoe's escape, and the other facts with which the reader is acquainted. This account was corroborated by several witnesses, and, amongst the rest, by Curry.

Butler heard the testimony with the most painful sensations. There was just enough of truth in it to make the tale plausible; and the falsehood related to points which, as they were affirmed upon hearsay, he could not repel by proof. There was a common expression of opinion amongst the bystanders—who in general were inclined to take the side of the prisoner in reference to the charge which was supposed to affect his life—that this accusation of Butler's acting the part of a spy was sustained by the proof. In vain did he protest against the injustice of being condemned on what was alleged to have been said by some of Adair's family; in vain did he deny that he had offered a bribe to Adair for information respecting the Tories; and equally in vain did he affirm that he had asked of Adair nothing more than the common hospitality due to a traveller, and for which he had made him a moderate requital—the only money the woodman had received from him. The current was now setting violently against him, and it seemed impossible to stem it.

"It is but due," said Captain St. Jermyn, a second time interposing in behalf of the prisoner, "to the rank and character of Major Butler, since a portion of this testimony is second-hand, to take his own examination on these alleged facts. With permission, therefore, I would ask him a few questions."

"The court will not object," said Innis, who throughout affected the air of an impartial judge.

"It is true, Major Butler, that you were at Adair's on the night of the twelfth?" said the volunteer advocate of the prisoner.

"I was, sir."

"And you made no concealment of your name or rank?"

"I will not say that," replied Butler.