At these words, the lawyer was filled with dismay, and indeed struck dumb. The terror that beset him, when he first conceived with whom he was confronted on the dark and lonely hill, recurred with double violence; he thought of nothing less than being tomahawked and scalped on the spot, and would have taken to his heels without further ceremony, had his strength availed him to shake off the grasp of his companion.

"Fear naught," said Oran, detaining him on his seat, and speaking decisively: "We were old friends once, as you say, Affidavy: I remember, you robbed Elsie Bell's strawberry-patch, when you were a boy, and I thumped you for it. So, fear nothing.—Why, man, am I a snake, or a beast, that I should hurt such a creature as you? Know me better."

"Well, I will," said the attorney, still trembling. "But, botheration, sir, this is a strange way of stating a case to a lawyer! As to opening jail-doors, Mr. Oran Gilbert, why I won't oppose: if you were to bribe Bob Lingo, the jailer, why, I say, I'm mum. But what more can you expect? Botheration, sir, I'm no turnkey! I'll be mum, sir; but as to joining you in any such prank, God bless our two souls, why that would ruin me! And why should you think of such a thing? 'Tis needless, sir,—as needless as dangerous. The king's commission is our pillar of safety: with that in his hand, the prisoner can demand, ay, and force his claim to be admitted, to be treated as a prisoner of war; and then, sir, if the matter comes to a court-martial"——

"When it comes to that," said Oran, "what is to save him from being tried and condemned as a spy?"

"What?" said the lawyer; "why a very simple thing. We will hire some one to swear he did not receive the commission until after his flight from Hawk-Hollow: and as for the change of name, intentions, and all that, why we shall have time to coin any lies that may serve our purpose. As to treason, we escape all arraignment there, his domicile being clearly within a foreign jurisdiction."

"In a word," said Oran Gilbert, "and to end your scheme at once, he is not a commissioned officer. Fool that he was," continued the brother, bitterly, "he refused, and to the last, the warrant that would have been his best friend."

"Whew!" said Affidavy, "this alters the case with a vengeance. Refused the commission?"

"Ay; and it is now in my own hands."

"Oho, is it? Why then, all's one. We'll clap it into his hands,—fill up the blanks, if it needs, produce it in court, and who is the wiser?

"You can, at least, try him with it," said the refugee; "but I know what it will end in. You will see him refuse it, even in prison."