"The offence of breaking your parole and infringing the terms of the capitulation of Charleston, is open to a legal doubt, and, therefore, in tenderness to you, has not been pressed; although the court think, that the very circumstance of its doubtful character should have inculcated upon you the necessity of the most scrupulous avoidance of service in the conquered province.
"The last charge against you is fully proved. Not a word of counter evidence has been offered. Strictly speaking, by the usages of war, this would not be an offence for the notice of a military tribunal. The perpetrators of it would be liable to such vindictive measures as the policy of the conqueror might choose to adopt. That we have given you, therefore, the benefit of an inquiry, you must regard as an act of grace, springing out of our sincere desire to do you ample justice. The nature of the offence imputed and proved is such as, at this moment, every consideration of expediency demands should be visited with exemplary punishment. The friends of the royal cause, wherever they may reside, shall be protected from the wrath of the rebel government; and we have, therefore, no scruple in saying, that the attempt upon the person of Mr. Philip Lindsay requires a signal retribution. But for this last act, the court might have been induced to overlook all your other trespasses. Upon this, however, there is no hesitation.
"Such being the state of the facts ascertained by this tribunal, its function ceases with its certificate of the truth of what has been proved before it. The rest remains to me. Without the form of an investigation, I might, as the commanding officer of a corps on detached service, and by virtue of special power conferred upon me, have made up a private judgment in the case. I have forborne to do that, until, by the sanction of a verdict of my comrades, I might assure myself that I acted on the clearest proofs. These have been rendered.
"My order, therefore, is, in accordance with the clear decision of the court,—and, speaking to a soldier, I use no unnecessary phrase of condolence,—that you be shot to death. Time presses on us and forbids delay. You will be conducted to immediate execution. Major Frazer," he said, turning to one of his officers, "to your discretion I commit this unpleasant duty." Then, in a tone of private direction, he added, "Let it be done without delay; pomp and ceremony are out of place in such a matter. I wish to have it despatched at once."
"I would speak," said Butler, repressing the agitation of his feelings, and addressing Innis with a stern solemnity, "not to implore your mercy, nor to deprecate your sentence: even if I could stoop to such an act of submission, I know my appeal would reach your ears like the idle wind: but I have private affairs to speak of."
"They were better untold, sir," interrupted Innis with an affected air of indifference. "I can listen to nothing now. We have other business to think of. These last requests and settlements of private affairs are always troublesome," he muttered in a tone just audible to the officers standing near him; "they conjure up useless sympathies."
"I pray you, sir," interposed St. Jermyn.
"It is in vain, I cannot hear it," exclaimed the commander, evidently struggling to shake from his mind an uncomfortable weight. "These are woman's requests! God's mercy! How does this differ from death upon the field of battle? a soldier is always ready. Ha! What have we here?" he exclaimed, as a trooper rode up to the group. "Where are you from? What news?"
"A vidette from Rocky Mount," answered the horseman. "I am sent to inform you that, yesterday, Sumpter defeated three hundred of our people on the Catawba, and has made all that were alive, prisoners, besides capturing fifty or sixty wagons of stores which the detachment had under convoy for Camden."
The first inquiries that followed this communication related to Sumpter's position, and especially whether he was advancing towards this camp.