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Gaut Gurley
by D. P. Thompson
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The counsel on the other side, who, during his opponent's explosive display of rhetorical gas and brimstone, had been holding an earnest consultation with Phillips (now also at hand with a disclosure which had been reserved for the present moment), then calmly rose, and said he had a statement to make, which he stood ready to substantiate, and to which he respectfully asked the attention of the court, as a matter that should be taken into the account in considering the prisoner's guilt in the present case, it being one of the many offences that appeared to have marked his career of almost unvarying crime and iniquity. He was well aware of the general rule of evidence, which excludes matters not directly connected with the point at issue; but there were cases in which that rule often had, and necessarily ever must be, materially varied,—as in the crim. con. cases reported in the books, where previous like acts were admitted, to show the probability of the commission of the one charged, and also in cases like the present, resting, as he admitted it thus far did, on presumptive evidence. In this view, notwithstanding all that had been said or intimated, he believed the concluding testimony of the last witness proper to be considered in balancing the presumptions of the prisoner's guilt or innocence. And especially relevant did he deem the statement, and the introduction of the evidence he had at hand to substantiate it, which he had now risen to offer. But, even were it otherwise, it would soon be seen that the step he was about to take would be particularly suitable to be taken while the court and the officers of justice were together, and the prisoner under their control. With these preliminary remarks, he would now proceed with the statement he had proposed.

"This man," continued the attorney (whom we will now report in the first person), "the man who stands here charged, and, in the minds of nine out of ten of all present, I fearlessly affirm, justly charged, with a murder, to the deliberate atrocity of which scarce a parallel can be found in the world's black catalogue of crime,—this man, I say, is a felon-refugee from British justice.

"Many years ago,—as some here present may know, as a matter of history,—a secret and somewhat extended conspiracy to subvert the government of Lower Canada was seasonably discovered and crushed at Quebec, which was its principal seat, and which, according to the plan of the conspirators, was to be the first object of assault and seizure. This was to be effected by the contemporaneous rising of a strong force within the city, headed by a bold adventurer, a bankrupt merchant from Rhode Island, and of an army of raftsmen, collected from the rivers, without, led on by a reckless and daring, half-Scotch, half-Indian Canadian, who had acquired great influence over that restless and ruffian class of men. The former had been in the province in the year before, and, from witnessing the popular disaffection then rampant from the enforcement of an odious act of their Parliament to compel the building of roads, had, with the instigation of such desperate fellows as the latter, his Canadian accomplice, conceived this plot, and had now come on, with a small band of recruits, to carry it into execution; when, as all was nearly ripe for the outbreak, the whole plot was discovered. The poor Yankee leader was seized, tried for high treason, condemned to death, and strung up by the neck from the walls of Quebec. [Footnote: See Christie's History of Lower Canada] But the more wary and fortunate Canadian leader, though tenfold more guilty, escaped into the wilderness, this side of the British line; lingered a year or two in this region, trapping and robbing the Indians; then took to smuggling; engaged in the service of the man whose murder we are now investigating, followed him to the city, nearly ruined him there, and then dogged him to this settlement to complete his destruction."

"Who do you mean?" thundered Gaut Gurley.

"Ask your own conscience," replied the attorney, fearlessly confronting the prisoner.

"'Tis false as hell!" rejoined Gaut, with a countenance convulsed with rage.

"No, you mistake,—it is as true as hell," promptly retorted the other; "or, rather, as true as there is one for such wretches as you. Mr. Phillips," he added, turning to the hunter, who stood a little in the background, with his rifle poised on his left arm, with an air of carelessness, but, as a close inspection would have shown, so grasped by his right hand, held down out of sight, as to enable him to bring it to an instant aim,—"Mr. Phillips, were you in the habit of going to Quebec, fall and spring, to dispose of your peltries, about the time of this plotted insurrection?"

"I was."

"Did you ever have the Canada leader I have spoken of pointed out to you, previous to the outbreak?"

"Often, on going down the Chaudiere river, often; why, I knew him by sight as well as the devil knows his hogs!"

"Did you afterwards see and identify him in this region?"

"I did."

"Is not, then, all I have stated true; and is not the prisoner, here, the man?"

"All as true as the Gospel of St. Mark; and that is the man, the very man; under the oath of God, I swear it!"

During this brief but terribly pointed dialogue, Gaut Gurley,—whose handcuffs, on his complaint that they galled his wrists, had been removed after he came into court,—sat watching Phillips with that same singularly sinister expression which we have, on one or two previous occasions, tried to describe him as exhibiting. It was a certain indescribable, whitish, lurid light, flashing and quivering over his countenance, that made the beholder involuntarily recoil. And, as the last words were uttered, his hand was seen covertly stealing up under the lapel of his coat; but it was instantly arrested and dropped, at the sharp click of the cocking of the hunter's rifle, which was also seen stealing up to his shoulder.

"Nonsense!" half audibly said the sheriff, to something which, during the bustle and sensation following these manifestations, the hunter had been whispering in his ear; "nonsense! I searched him myself, and know there is nothing of the kind about him."

"I am not so sure about that," responded the hunter, edging along through the crowd, with his eye still on the prisoner, and soon disappearing out of the door.

This little judicial interlude in the remarks of the attorney being over, he resumed:

"My statement having been thus corroborated, and, as I am most happy to find, without any of the expected interruptions, it now only remains for me to say, that this indefatigable Mr. Phillips, becoming perfectly convinced that the prisoner was a man of whom it was a patriotic duty to rid the settlement, has, within the last two months, made a journey into Canada; obtained a written official request from the governor-general, addressed to the governor of New Hampshire, for the delivery of Gaut Gurley, at the time when, on notice, the proper officers would be in waiting to receive him; that our governor has responded by issuing his warrant; which," he continued, drawing out a document, "I now, in this presence, deliver to the sheriff, to be served, but only served, in case we fail—as I do not at all anticipate—to secure the commitment and final conviction of the prisoner, on the flagitious offence now under investigation, and loudly demanding expiation under our own violated laws, in preference to delivering him up for the punishment of other and less crying felonies."

The prisoner and his counsel, on this new and unexpected development, held an earnest whispered consultation. The latter had supposed, till almost the last moment, that his opponent was intending only to bring in another piece of what he deemed wholly irrelevant testimony, in the shape of another gone-by transaction; and he was preparing another storm of wrath for the judicial outrage. But, when he found that the statement was a preliminary to a different and more alarming movement, and especially when he saw placed in the sheriff's hands a warrant for delivering up his client to the British, to be tried for a former felony, from the punishment of which, he feared, from what he had just heard, there would be no escape, he was sadly nonplussed, and knew not which way to turn himself. And it was not until Gaut, who, though thus suddenly brought into a dilemma which he was little expecting, was yet at no loss to decide on his course,—that of making every possible effort to escape the more immediate pending danger, and then of trusting to chance for eluding the more remote one just brought to view,—it was not till Gaut, with assurances of the last being but a miserable, trumped-up affair, had pushed and goaded him up to action, that the dumbfounded attorney recovered his old confidence. He then straightened back in his seat, and, with the air of one who has meekly borne some imposition, or breach of privilege, till it can be borne no longer, turned gruffly to his opponent, and said:

"Well, sir, having dragged every thing into this case except what legitimately belongs to it, I want to know if you are through, now? We, on our side, have no need of introducing testimony to meet any thing you have yet been able to show. Why, you have not even established the first essential fact to be settled in prosecutions for homicide. You have arraigned my client for killing a man, and yet have shown nobody killed! No, we shall introduce no witnesses till the body of the alleged murdered man is produced; for, till then, no court on earth—But I am not making a speech, and will not anticipate. All I intended was, to ask, as I do again, are you through with your evidence now?"

The attorney for the prosecution then admitted—rather prematurely, as it was soon seen—that he thought of nothing more which he wished to introduce.

"Go on with your opening speech, then," resumed the former.

"No," said the other, "I waive my privilege of the opening and close, and will only claim the closing speech."

"O, very well, sir," said Gaut's lawyer, throwing a surprised and suspicious look around, as if to see whether some trap was not involved in this unexpected waiver of the usually claimed privilege. "Very well; don't blame you; shouldn't think you could find honest materials even for one speech."

The hard-faced attorney, who was reputed one of the best of what are sometimes termed devil's lawyers, in all that part of the country, then consequentially gathered up his minutes of the testimony, glanced over them, and, clearing his throat, commenced his great final speech, which was to annihilate his opponent, and quash the whole proceedings of the prosecution. But he had scarcely spoken ten words, before a tremendous shout, rising somewhere in the direction of the bridge,—to which their attention had been before called, when a part of it had been swept away during the first hours of the night,—broke and reverberated into the room, bringing him to an instant stand. Feeling that something extraordinary had occurred, the startled court, parties and spectators, alike paused, and eagerly listened for something further to explain the sudden outbreak. But, for several minutes, all was still, or hushed down to the low hum of mingling voices, and not a distinct, intelligible sound reached their expectant senses. Soon, however, the noise of trampling feet and the rush of crowds was heard, and perceived to be rapidly approaching the door of the court-room. And the next moment the clear, loud voice of the now evidently excited hunter was heard exultantly ringing out the announcement:

"A witness, a new witness! A witness that saw the very deed!"

This sudden and exciting announcement of an occurrence which had been hoped for, in some shape, on one side, and feared on the other, but, at this late hour of the night, little expected by either, at once threw all within the crowded courtroom into bustle and commotion. Both parties to the prosecution were consequently taken by surprise; and both, though neither of them were yet apprised of the character of the witness, were aroused and agitated by the significant announcement. But, of all present, none seemed so much stirred as the obdurate prisoner, who had, thus far in the examination, scarcely once wholly lost his usual look of bold assurance, but who now was seen casting rapid, uneasy, and evidently troubled glances towards the door; doubtless expecting, each moment, to see the fear which had haunted him from the first—that Claud Elwood would turn up alive, and appear in court against him—realized in the person of the new witness. His lawyer also, appeared to be seized with similar apprehensions; and, the next moment, he was heard loudly demanding the attention of the court. He objected, he pointedly objected, he protested, in advance, against the admission of further testimony. He had borne every thing during the hearing, but could not bear this. The pleas were closed, and the case concluded against the introduction of new evidence; and that, too, by the express notice and agreement of the counsel for the prosecution. And now to open it would be in glaring violation of all rule, all law, and all precedent. In short, it would be an outrage too gross to be tolerated anywhere but in a land of despotism. And, if the court would not at once decide to exclude the threatened testimony, he must be heard at length on the subject.

But the court declining so to decide, and intimating that they were willing to hear an argument on the point, of any reasonable length, he spread himself for the wordy onset. The sheriff—who, in the mean time, had started for the door to make an opening in the crowd for the expected entrance,—seeing that a long speech was in prospect, now went out, conducted the proffered witness, in waiting near by, to another room in the house to remain there till called; and then returned, and, in a low tone, made some communication to the court.

The pertinacious lawyer then went on with his heated protest, as it might be called far more properly than an argument, to the length of nearly an hour. The calm, manly, and cogent reply of his opponent occupied far less time, but obtained far more favor with the sitting magistrates; who, after a short consultation among themselves, unanimously decided to hear the proposed evidence, and thereupon ordered the sheriff to conduct the witness at once into court.

A breathless silence now ensued in the court-room, and every eye was involuntarily turned towards the door. In a few minutes the sheriff closely followed, by two females, made his appearance and cleared his way up to the stand that had been occupied by the witnesses. No names had been announced, and both the ladies were veiled, so that their faces could not be seen in the dusky apartment, lighted only by two dim candles, made dimmer, seemingly, by the morning twilight, then beginning to steal through the windows, and to produce that dismal and almost sickening hue peculiar to the equal mingling of the natural light of day with the artificial light of lamp or taper. And it was not consequently known, except to one or two individuals, who they were; but enough was seen, in the enlarged form and sober tread of the one, and in the rounded, trim figure and elastic step of the other, to show the former to be a middle-aged matron, and the latter a youthful maiden. Each was garbed in rich black silk, to which were added, in the one case, some of the usual emblems of mourning, and in the other, a few simple, tastily contrasted, light trimmings.

"What are these ladies' names? or rather, first, I will ask, which of them is the witness?" said the leading magistrate.

"I am, I suppose," said the maiden, in tones as soft and tremulous as the lightly-touched chord of some musical instrument, as she threw back her veil, and disclosed a beauty of features and sweetness of countenance that at once raised a buzz of admiration through the room.

"Your name, young lady?"

"Fluella, sir; and this lady at my side is Mrs. Mark Elwood, who comes only as my friend."

"You understand the usages of courts, I conclude; and, if so, will now receive the oath, and go on to tell what you know relative to the crime for which, you have doubtless heard, the prisoner here is arraigned."

At once raising her hand, she was sworn, and proceeded directly to state that part of the transaction she had witnessed on the lake, which the hunter, in the conversation she found means to have with him while waiting to be taken into court, had advised her was all that would be important as evidence in the case.

Gaut Gurley, the alarmed prisoner, who at first had appeared greatly relieved on finding that the announced witness was not the reanimated young Elwood, as he had feared, now seemed utterly at fault to conjecture what either of these women could know of his crime. But the moment the maiden, whom he had seen the previous year, and regarded with jealous dislike, as the possible rival of his daughter, revealed herself to his view, his looks grew dark and suspicious; and when she commenced by mentioning, as she did at the outset, that she was on a boat excursion along the western shore of the Maguntic, on the well-remembered day when he consummated his long cherished atrocity, he seemed to comprehend the drift of what was coming, and his eyes fastened on her with the livid glare of a tiger; while those demoniac flashes, before noted as the usual percursor of hellish intent with him, began to burn up and play over his contracting countenance.

But these suspicious indications had escaped the notice of all,—even of the watchful hunter, whose looks, with those of the rest, were for the moment hanging, with intense interest, on the speaking lips of the fair witness. And she proceeded uninterrupted, till, having described the position in the thicket on shore, in which she was standing, as Mark Elwood, followed by Gaut Gurley, both of whom she recognized, came along, she, nerving herself for the task, raised her voice, and said:

"I distinctly saw Mr. Elwood fall, convulsed in death,—heard the fatal shot, and instantly traced it to Gaut, before he had taken his smoking rifle from his shoulder,—this same man who now—"

When, as she was uttering the last words, and turning to the prisoner, she stopped short, recoiled, and uttered a loud shriek of terror. And, the next instant, the deafening report of a pistol burst from the corner where the prisoner was sitting, filling the room with smoke, and bringing every man to his feet, in the amazement and alarm that seized all at the sudden outbreak.

There was a dead pause for a moment; and then was heard the sudden rush of men, the sharp, brief struggle, and the heavy fall of the grappled prisoner, as he was borne overpowered to the floor.

"Thank God!" exclaimed the hunter, the first to reach the bewildered maiden, and ascertain what had befell from this fiendish attempt to take her life simply because she was instrumental in bringing a wretch to justice,—"thank God, she is unhurt! The bullet has only cut the dress on her side, and passed into the wall beyond."

"Order in court!" sternly cried the head magistrate. "It is enough! Mr. Phillips, conduct these ladies to some more suitable apartment. We wish for no more proof. The prisoner's guilt is already piled mountain-high. We commit him to your hands, Mr. Sheriff. Within one hour, let him be on his way to Lancaster jail, there to await his final trial and doom, for one of the foulest murders that ever blasted the character of human kind!"

We will not attempt to describe, in detail, the lively and bustling scene, which, for the next hour or two, now ensued in and around the tavern, that had lately been the unaccustomed theatre of so many new and startling developments. The running to and fro of the excited and jubilant throng of men, women, and children, who, in their anxiety to witness and know the result of the trial, had passed the whole night in the place,—the partaking of the hastily snatched breakfast, in the tavern, by some, or on logs or bunches of shingles in the yard, by others, from provisions brought along with them, from home,—the hurried harnessing of horses and running out of wagons, preparatory to the departure of those here with the usual vehicles of travel,—the resounding blows and lumbering sounds of the score of lusty men who had volunteered to replace and repair the bridge from the old materials luckily thrown on the bank a short distance down the stream, so as to permit the departing teams, going in that direction, to pass safely over,—and, lastly, the bringing out, the placing on his bed of straw in the bottom of a wagon, and the moving off of the caged lion, with his cavalcade of guards before and behind,—the fiercely exultant hurrahing of the execrating crowd, as he disappeared up the road to the west, together with the crowning, extra loud and triumphant kuk-kuk-ke-o-ho! of Comical Codman, who had mounted a tall stump for the purpose, and made the preliminary declaration that, if he was ever to have another crow, it should be now, on seeing the Devil's unaccountable and first cousin, to say the least, in relationship, so handsomely cornered, and, at last so securely put in limbo,—these, all these combined to form a scene as stirring to the view, as it was replete with moral picturesque to the mind. But we must content ourself with this meagre outline; another and a different, quickly succeeding scene in the shifting panorama, now demands our attention.

Among the crowd who had arranged themselves in rows, to witness the departure of the court officials and the prisoner, were the two now inseparable friends, Mrs. Elwood and Fluella; who, on turning from the spectacle, had strolled, arm-in-arm, to a green, shaded grass-plot at the farther end of the tavern building, and were now, with pensive but interested looks, bending over the garden fence, and inspecting a small parterre of budding flowers, which female taste had, even in a place so lately redeemed from the forest as this, found means to introduce. They were lingering here, while others were departing, for the arrival of expected friends, though evidently not conscious of their very near approach. But even then, as they stood listlessly gazing over upon the mute objects of their interest, those friends were coming across the bridge, in the singularly contrasted forms of an aged man, walking without any staff, and with a firm elastic tread, and quite a youngerly one, walking with a cane, and with careful steps and a restrained gait, betokening some lingering soreness of body or limb. On reaching the nearest part of the tavern-yard, the young man gazed eagerly round among the still numerous crowd, when, his eye falling on those of whom he seemed to be in search, he turned to his companion and said:

"There they are, Chief, I will go forward and take them by surprise."

The next moment he was standing closely behind the unconscious objects of his attention; when, with a smiling lip but silent tongue, he gently laid a hand on a shoulder of each.

"Claud!" burst from the lips of the surprised and reddening maiden, the first to turn to the welcome intruder.

"Claud! Claud!" exclaimed the agitated matron, as she also turned, in grateful surprise, to greet, for the first time since his return, her heart's idol. "My son! my son!" she continued, with gathering emotion, "are you indeed restored alive to my arms, and, but for you, my now doubly desolate home? Thank Heaven! O thank Heaven! for the happy, happy restoration!"

"That is right, dear mother!" at length responded the visibly touched young man, gently disengaging himself from the long maternal embrace; "that is all right. But," he added, turning to the maiden, whose sympathetic tears were coursing down her fair cheeks, "if you would thank any earthly being for the preservation of my life, it should be this good and lovely girl at your side."

"I know it," said the mother, after a thoughtful pause, "I know it; and, Claud, I would that she were indeed my daughter."

There was an embarrassing pause. But the embarrassment was not perceived and felt by these two young persons alone. Another, unknown to them, had silently witnessed the whole interview from an open, loosely-curtained window of the chamber above; and perceived, and felt, and appreciated, all that had transpired, in word and look, no less keenly than the young couple, whose beating hearts, only, were measuring the moments of their silent perplexity. That other was Gaut Gurley's lovely and luckless but strong-hearted daughter. Having instinctively read her father's guilt, she had come to his trial with a sinking heart; shut herself up alone in this small chamber; so arranged the screening curtains that she could sit by the open window unseen, and kept her post through that long night of her silent woe, hearing all that was said by the crowd below, and, through their comments, becoming apprised of all that was going on in the court-room, in the order it transpired. She had known of Fluella's arrival,—her perilous passage over the river,—of the report she then made to the hunter of her discoveries,—of her bringing back the wounded Claud in safety,—of the dastardly attempt of the prisoner to take that heroic girl's life,—of his sentence, and, finally, of his departure for prison, amidst the execrations of a justly indignant people. She had known all this, and felt it, to the inmost core of her rent heart, with the twofold anguish of a broken-hearted lover and a fate-smitten daughter. She had wrestled terribly with her own heart, and she had conquered. She had determined her destiny; and now, on witnessing the last part of the tender scene enacting under her window, she suddenly formed the high resolve of crowning her self-immolation by a public sacrifice.

Accordingly she hastily rose from her seat, and, without thought or care of toilet, descended rapidly to the yard, and, with hurrying step and looks indicative of settled purpose, moved directly towards the deeply surprised actors in the little scene, of which she had thus been made the involuntary witness.

"No ceremony!" she said, in tones of unnatural calmness, with a forbidding gesture to Claud, who, while Fluella was instinctively shrinking to the side of the more unmoved but still evidently disturbed Mrs. Elwood, had advanced a step for a respectful greeting. "No ceremony—it is needless; and no fears, fair girl, and anxious mother—they are without cause. I come not to mar, but to make, happiness. Claud Elwood, my heart once opened and turned to you, as the sunflower to its god; and our paths of love met, and, for a while, ran on pleasantly together as one. But, even then, something whispered me they would soon again diverge, and lead off to separate destinies. The boded divergence, as I feared, began with the fatal family feud of last winter, and has now resulted, as I still more feared, in plunging us, respectively, in degradation and sorrow, and also in placing our destinies as wide as the poles asunder. Claud, Claud Elwood,—can you love this beautiful girl at your side? You speak not. I know that you can. I relinquish, then, whatever I may have possessed of your heart, to her, if she wills. And why should she not? Why reject one whose life she would peril her own to save? She will not. Be you two, then, one; and may all the earthly happiness I once dreamed of, with none of the bitter alloy it has been my lot to experience, be henceforth yours. You will know me no more. With to-morrow's sun, I travel to a distant cloister, where the world, with its tantalizing loves and dazzling ambitions, will be nothing more to me forever. Farewell, Claud! farewell, gentle, heroic maiden! farewell, afflicted, happy mother! If the prayers of Avis Gurley have virtue, their first incense shall rise for the healing of all the heart-wounds one of her family has inflicted."

As the fair speaker ceased, and turned away from this doubtless unspeakably painful performance of what she deemed her last worldly duty, as well as an acceptable opening act in the life of penance to which she had resolved now to devote herself, an audible murmur of applause ran through the throng, who, in spite of their wish not to appear intrusive, had paused at a little distance, to listen to and witness the unexpected and singular scene. Among the voices which had been thus more distinctly raised was that of a stranger, who, having arrived a few minutes before, given his horse to the waiter, shook hands with the hunter and the chief, to whom he appeared well known, had joined the crowd to see what was going on, and who had been particularly emphatic in the open expression of his admiration. The remembered tones of his voice, though attracting no attention from others, instantly reached the quick ears of one of the more silent actors of the little scene we have been describing. She threw a quick, eager glance around her; and, having soon singled out from the now scattering crowd, the person of whom her sparkling eye seemed in search, she flew forward towards him, with the joyful cry:

"My father! my white father! I am glad, O, so glad you have come!" and she eagerly grasped his outstretched hand, shook it, kissed him, and, being now relieved from the embarrassment she had keenly felt in the position in which she had just been so unexpectedly placed, appeared to be all joy and animation.

"Come, come, Fluella, don't shake my arm off, nor bother me now with questions," laughingly said the gentleman, thus affectionately beset, as he pulled the joyous girl along towards the spot where the wondering Mrs. Elwood and her son were standing. "You must not quite monopolize me; here are others who may wish to see me."

"Arthur!" exclaimed Mrs. Elwood, with a look of astonishment, after once or twice parting her lips to speak, and then pausing, as if in doubt, as the other was coming up with his face too much averted to be fairly seen by her; "it is—it is—Arthur Elwood!"

"Yes, you are right, sister Alice," responded the hard-visaged little man thus addressed, extending his hand. "It is the same odd stick of an old bachelor that he always was. But who is this?" he added, with an inclination of the head towards Claud. "Your son, I suppose?"

The formal introduction to each other of the (till then) personally unacquainted uncle and nephew; the full developing to the astonished mother and son of the fact, already inferred from what they had just witnessed, that this, their eccentric kinsman, was no other than the foster-father of Fluella,—that he was the owner of large tracts of the most valuable wild lands around these lakes, the oversight of which, together with the unexpected tutelary care of the Elwood family since their removal to the settlement, he had intrusted to the prudent and faithful Phillips,—and, finally, the melancholy mingling of sorrows for the untimely death of the fated brother, husband, and father of these deeply-sympathizing co-relatives, now, like chasing lights and shadows from alternating sunshine and cloud on a landscape, followed in rapid succession, in unfolding to the mournfully happy circle their mutual positions and bonds of common interest.

"Evil has its antidotes," remarked Arthur Elwood, as the conversation on these subjects began to flag and give room for other thoughts growing out of the association; "evil has its antidotes, and sorrow its alleviating joys. And especially shall we realize this, if the suggestions of that self-sacrificing girl, who has just addressed you so feelingly, be now followed. What say you, Claud?"

"They will be," promptly responded the young man, at once comprehending all which the significant question involved; "they will be, on my part, uncle Arthur, joyfully,—proudly."

"And you, Fluella?" persisted the saucy querist, turning to the blushing girl.

"He has not asked me yet," she quickly replied, with a look in which maiden pride, archness, and unuttered happiness, were charmingly blended. "If he should, and you should command me"—

"Command? command! Now, that is a good one, Fluella," returned the laughing foster-father. "Well, well, a woman will be a woman still, any way you can fix it. All right, however, I presume. But, chief," he added, turning to the natural father, who stood with the hunter a little in the background, "what has been going on here cannot have escaped your keen observation; and you ought to have a voice in this matter. What do you say?"

"The chief," replied the other, with his usual dignity, "the chief has had one staff, one light of his lodge; he will now have two. Wenongonet is content."

"It is settled, then," rejoined the former, whose usually passionless countenance was now beaming with pleasure; "all right, all round. Now, sister Alice, let us all adjourn to your house, where you and Fluella, from some of those splendid lake trout which I and Mr. Phillips, who, as well as the chief, must be of the party, will first go out and catch for you,—you and Fluella, I say, must cook us up a nice family dinner, over which we will discuss matters at large, and have a good time generally."

In a few minutes more the happy group were on their way to the Elwood cottage.

The principal interest of our story is at an end; and with it, also, the story itself should speedily terminate. A few words more, however, seem necessary, to anticipate the inquiries which will very naturally arise in the mind of the reader, respecting what might be expected soon to follow the eclaircissement of the few last pages; and, accordingly, as far as can be done without marring the unity of time, we will proceed, briefly, to answer the inquiries thus arising.

The body of the fated Mark Elwood, perforated through the breast by the bullet of his cold-blooded murderer, having broken from the sinking weights attached to it, and risen to the surface of the lake, was found in about a fortnight, brought home, and buried on his farm.

Not far from the same time the faithful hunter received, from the hands of a gentleman passing through the settlement, a deed of gift of three hundred acres of valuable timber-land, adjoining his own little patch of a lot, all duly drawn, signed, and executed by Arthur Elwood; who, after a pleasant sojourn of a week at the Elwood cottage, apprising its inmates of what he had in store for them, in the line of property, had departed for his home, a happier man than he had been, since, for secret griefs, he had dissolved partnership with his brother Mark, and left the little interior village where the pair first made their humble beginning in life.

Codman, the trapper, continued to trap it still, and, as all the settlers within a circuit of many miles around them were often unmistakably made aware, to crow as usual on all extra occasions.

Tomah, the college-learned Indian, immediately left, with the escort of the prisoner, and, kept away by the force of some associations connected with the settlement as disagreeable to him as they were conjecturable to others, was never again seen in the settlement; against which, on leaving, he seemed to have kicked off the dust of his feet behind him.

Carvil, the cultivated amateur hunter, had also immediately departed, with the court party, on his way to his pleasant home in the Green Mountains; not wholly to relinquish, however, his yearly sojourns in the forests, to regain health impaired for the want of a more full supply of his coveted, life-giving oxygen.

And, lastly, Gaut Gurley, whose infernal scheming and revolting atrocities have been so inseparably interwoven with the main incidents of our story, broke jail, on the night preceding the day set for his final trial, by digging through the thick stone wall of his prison, with implements evidently furnished from without, leaving bloody traces of his difficult egress through the hardly sufficient hole he had effected for the purpose; and, though instant search was everywhere made for him, he was not, to the sad disappointment of the thousands intending to be in at the hanging, anywhere to be found or heard of in the country. And the mystery of his retreat, and the still unexplained mystery of his strange and ruinous influence over the man whom he at last so flagitiously murdered, were not cleared up until years afterwards.



SEQUEL.

It was a terrible storm. The wind, with all the awful accompaniments of rain, hail, rattling thunders, and fiercely glaring lightnings, had burst down upon the liquid plains of the startled deep, in all the fury of a tropical tornado. The black heavens were in terrific commotion above; and the smitten and resilient waters, as if to escape the impending wrath of the aroused sister elements, were fleeing in galloping mountains athwart the surface of the boiling ocean, beneath.

Could aught human, or aught of human construction, be here, now, and survive? It would seem an utter impossibility; and yet it was so. Amidst all this deafening din of battling elements, that were filling the heavens with their uproar and lashing the darkened ocean into wild fury and commotion, a staunch-built West India merchant-ship was seen, now madly plunging into the troughs of the sea, and now quivering like a feather on the towering waves, or scudding through the flying spray with fearful velocity before the howling blast.

On her flush deck, and lashed to the helm, with the breaking waves dashing around his feet, and the water dripping from the close cap and tightly-buttoned pea-jacket in which he was garbed, stood her gallant master, in the performance of a duty which he, true to his responsibility, would intrust to no other, in such an hour as this,—that of guiding his storm-tossed bark among the frightful billows that were threatening every instant, to engulf her. Thus swiftly onward drove the seemingly devoted ship, strained, shivering, and groaning beneath the terrible power of the gale, like an over-ridden steed, as she dashed, yet unharmed, through the mist and spray and constantly-breaking white caps of the wildly-rolling deep; thus onward sped she, for the full space of two hours, when the wind gradually lulled, and with it the deafening uproar subsided. Presently a young, well-dressed gentleman made his appearance on deck, amidships, and, having noted a while the now evident subsidence of the tempest, slowly and carefully, from one grasped rope to another, made his way to the side of the captain, at the wheel.

"A frightful blow, Mr. Elwood," said the latter; "for the twenty years I have been a seaman, I have never seen the like."

"It certainly has exceeded all my conceptions of a sea-storm," said the other. "But do you know where we are, and where driving at this tremendous speed?"

"Yes, I think I do, both. When we were struck by the gale, which I saw was going to be a terrible norther, and saw it, too, very luckily, at a distance that enabled me to become well prepared for it, look at my reckoning, and make all my calculations,—when we were struck, we were three hundred and fifty miles out of Havana, north'ard, and about forty from the American coast. I at once put the ship before the wind, and set her course southeast, which, being perfectly familiar with these seas, I knew would give her a safe run, and, in about sixty miles, carry her by the southern point of the Little Bahama Bank, where, rounding this great breakwater against northers, we should be in a comparatively smooth sea, that would admit of either laying to or anchoring. It is now over two hours since we started on this fearful race, which has kept my heart in my mouth the whole time; and I am expecting, every minute, to get sight of that rocky headland."

"But that," rejoined Elwood (for the gentleman was no other than Claud Elwood, as the reader has doubtless already inferred), "that will bring us, according to the late rumor, into one of the principal haunts of the pirates, will it not?"

"Yes, partly, perhaps," replied the captain; "but I hear that Commodore Porter has arrived, with the American squadron, in these seas, to break up these pests, and I presume has done it, or frightened them away, so that we sha'n't be molested. At any rate, I saw no safer course to outlive such a tempest. You are the owner of ship and cargo, to be sure; but you put on me the responsibility of her safety."

"Certainly," rejoined the other, "for my guidance would be a poor one; and, instead of any disposition to criticise your course, Captain Golding, I feel but too grateful, with the life of a beloved wife at stake, to say nothing of my own, and so much property, that your skill has enabled us to outride the storm—now nearly over, I think—so unexpectedly well. But what is that, a little to the left of the ship's course, in the distance ahead?"

"Ah, that is it!" cheerily exclaimed the captain, casting an eager look in the indicated direction. "Why, how like a race-horse the ship must be driving ahead! I looked not ten minutes ago, and nothing was to be seen; and now there is the headland, in full view, but two or three leagues distant! And stay,—what is that dark object around and a little beyond the point? A ship? Yes, it grows distinct now,—a large, black ship. That, sir, is an American frigate. Hurra to you, Elwood! We will now soon be safe, and in safe company."

It was about sunset. The merchantman, having passed the protecting promontory, and swept around the tall ship of war, had gained an offing, about a half mile beyond, under the lee of a thickly-wooded, long, narrow island; and was now lying snugly at anchor, riding out the heavy ground-swell occasioned by the abated storm; while all on board, unsuspicious of molestation, were making preparations to turn in for the night.

"A sail to the leeward!" shouted a sailor, just sent aloft to make some alteration in the rigging.

The word was passed below; and the captain, mates, and Elwood, were instantly on deck, and on the lookout. They at once descried a large black schooner, creeping out from behind the farther end of the island against which they were anchored, about a mile distant, and tacking and beating her way towards them. She carried no colors by which her character could be determined; but the very absence of all such insignia, together with the sinister appearance of her long, low sides, which exhibited the aspect of masked port-holes, and also the peculiar stir of her evidently large and strange-looking crew, at once marked her as an object of suspicion.

"Elwood, your fears were prophetic," said the captain, lowering his glass from a long, intent observation. "That craft is a pirate, with scarce a shadow of doubt. But don't the mad creature see the frigate, and the frigate her?"

With this, they all turned towards the ship of war; but she was no longer visible. A narrow vein of land fog, put in motion by some local current in shore, had been wafted out on to the water, and completely enshrouded her from their view.

"I see it all," exclaimed Elwood. "That pirate has been lying, all the afternoon, concealed behind this island; and his spies, sent into the woods on the island, and to this end of it, probably, saw both our ship and the frigate take their positions, and this intervening fog coming on, and reported all to their master; who at once conceived the bold design which he has now started out to execute,—that of snatching us, as its prize, from under the very guns of the frigate!"

A brief, earnest consultation was then held; when, knowing the uselessness of trying to signalize the frigate, they first thought to weigh anchor and try to escape to her protection; but a little reflection told them the enemy would be down upon them before this could be effected, and they would be taken, unprepared for defence. The only other alternative left them was, therefore, quickly adopted; and, in pursuance, the second mate and two seamen were lowered in the life-boat, with orders to keep the ship between themselves and the schooner till they got into the screening fog, and then make their way, with all speed, to the frigate, to invoke her aid and protection; while all the rest should arm themselves with the muskets, swords, and pistols on board, and, if possible, hold the enemy at bay till succor arrived. And scarcely had these hasty preparations been made, before the piratical schooner, which had made a wide tack outward to catch the wind, came swiftly sweeping round to their side, like a towering falcon on his prey. But, by some miscalculation of her helmsman, she went twenty yards wide of them—not, however, without betraying the full extent of her bloody purposes; for as, under the impulse of a speed she found herself unable instantly to check, she swept by on the long, rolling billows, a score or two of desperate ruffians, headed by their burly and still more fierce-looking captain, stood on her deck, armed to the teeth, and holding their hooks and hawsers, ready to grapple and board their intended prey. But, still forbearing to unmask their batteries or fire a gun, lest they should thus bring down the frigate upon them, her grim and silent crew sprang to their posts, to tack ship and come round again, with the narrowest sweep, to repair their former mischance. And, with surprising quickness, their well-worked craft was again, and this time with no uncertain guidance, shooting alongside of the devoted merchantman. Still the crew of the latter quailed not; but, well knowing there was no longer any hope of escaping a struggle in which death or victory were the only alternatives, stood, with knitted brows and fire-arms cocked and levelled, silently awaiting the onset. It came. With the shock of the partial collision as the assailing craft raked along the sides of their ship, and the sudden jerk as she was brought up by the quickly-thrown grapples, the pirate captain, with a fierce shout of defiance, cleared, at a single bound, the intervening rails, and landed, with brandished sword, upon their fore-deck. A dozen more, with a wild yell, were in the act of following, when they were met by a full volley from the guns of the defenders, poured into their very faces. There was a pause,—a lurch,—a crack of breaking fixtures; and the next moment the schooner, torn away from her fastenings by the force of a monstrous upheaving wave, and thrown around at right angles to the unharmed prey so nearly within her clutches, was seen rolling and reeling on the top of a billow, fifty yards distant. At that instant, twenty jets of blinding flame fiercely burst from the edge of the fog-cloud, almost within pistol-shot to the windward, and, with the startling flash, rent sky and ocean leaped as with the concussion of a closely-breaking volley of linked thunder-peals. There was another and still more awful pause; when, through the cloud of sulphurous smoke that was rolling over them, the astounded defenders heard the gurgling rush, as of waters breaking into newly opened chasms, in the direction of the enemy; and they comprehended all. The frigate, unperceived by the eager pirates, had dropped down, rounded to, and sent a whole broadside directly into the uprolled hull of the devoted craft, which had been reduced to a sinking wreck by that one tremendously heavy discharge of terrible missiles. Within two minutes the lifting smoke disclosed her, reeling and lurching for the final plunge. Within one more, she rose upright, like some mortally-smitten giant, quivered an instant, and, with all her grim and hideously-screeching crew, went down, stern foremost, amid the parting waves of the boiling deep.

These startling scenes had transpired so rapidly that the amazed crew of the merchantman had taken no thought of the pirate captain whom they had seen leaping on their deck; but they now turned to look for him, and, whether dead or alive, to take charge of him, to crown the fortunate result of this fearful encounter. There he stood at bay, with back turned to the foremast, facing his virtual captors, with a brandished sword in one hand and a pistol in the other, as if daring them to approach or fire on him. But they were spared the necessity of attempting either. A boat's crew of armed men from the frigate were already mounting the deck, to claim whoever of the pirates they found alive, as their trophies. The formidable desperado was pointed out to them; when, firing a volley over his head, to confuse without killing him, they rushed forward in the smoke, disarmed, bound, and dragged him along, to pass him down to their boat. As he was being urged across the deck, his eyes met those of Elwood. The recognition was mutual. It was Gaut Gurley!

It was morning, and the bright sun was looking down upon an ocean as calm and peaceful as if its passive bosom had never been disturbed by the ensanguined tumults of warring men, or the commotions of battling elements.

A youthful couple were standing by the rail, on the deck of the still anchored merchantman, and glancing up admiringly at the towering masts of the ship-of-war, which had also anchored for the night on the very spot from which she had dealt such destruction to the pirates, whose awful fate and the connected circumstances had been with them the topic of conversation.

"This has been such a fearful ordeal to you, dear Fluella," said the young man, smilingly, "that I shall probably never be able again to induce you to leave home to cross the ocean, either for health or pleasure, shall I?"

"For pleasure, no, my dear husband," affectionately responded the other; "no, with my happy New England home, never, for pleasure, Claud."

"But this was for health," rejoined Elwood. "I have never told you how much I was concerned about you last summer, or that your physician warned me, as cold weather approached, he could not answer for your life through another winter at the North. It was this only that led me to urge you to accompany me to Cuba, to remain there till I came back for you in the spring, as I have now done. And, to say nothing of the gains which my two trips will add to the estate of which I am heir in expectation,—or rather, as my good uncle will have it, in possession with him,—to say nothing of this, I shall always be thankful for your coming, for it has so evidently restored you, I had almost said, to more of health and beauty than I have seen you exhibiting for the whole two and a half happy years of our married life."

"Thank you, Claud, for the beautiful part of it," said the happy wife, snapping her handkerchief in his face, with an air of mock resentment; "but I am thinking of home. When shall we reach there?"

"Well, let us calculate," replied the husband, beginning to catch the affectionate animation of the other: "this is the 22d of April; and I think I can promise you the enjoyment of a May-day in New England."

"I hold you to that, sir," playfully rejoined the wife, "for I wish to be preparing for our summer residence at your cottage on my native lakes. My illness deprived me of that pleasure last summer, you know, husband mine."

"Yes," said he, with kindling enthusiasm, "we will go, Fluella. I want to see the good old chief; I want to enjoy the visit I have promised me from my friend Carvil; I want to hear Phillips discourse on woodcraft, and Chanticleer Codman wake the echoes of the lakes by his marvellous crowing. Yes, yes, we will go, and make uncle and mother go with us, this time."

"Uncle and mother!" cried Fluella, laughingly; "how odd that is getting to sound, Suppose I call your mother aunt? Have they not now been married long enough to be both entitled to the more endearing names of father and mother? and are they not happy enough and good enough to merit the dearest names?"

"Yes," answered Elwood, "I will correct the habit, if you really wish it. Yes, yes; the once-styled crusty old bachelor, Arthur Elwood, and my mother, are indeed a happy couple. Did you ever know a happier?"

"Yes, one," replied the hesitating, blushing wife, drawing down her husband's head, and slyly imprinting a kiss on his cheek.

The conversation between the happy pair was here interrupted by the appearance of a boat putting off from the frigate, under the charge of a midshipman; who, having come on board and inquired out Elwood, now approached and presented him a letter, saying, as he departed, it was from the pirate prisoner, and would doubtless require no answer.

The greatly surprised young man tore open the letter, and, in company with his wife, read, with mingled emotions of pain and indignation, the following singular but characteristic compound of malicious vaunt and shameless confession:

"To CLAUD ELWOOD:—My career is ended, at last. Well, I have the satisfaction of knowing that I have been nobody's fool nor nobody's tool. Early perceiving that nine out of ten were only the stupid instruments of the tenth man, the world over, I resolved to go into the system, and did, and improved on it so as to make nineteen out of twenty tools to me,—that is all. I have no great fault to find with men generally, though I always despised the whole herd; for I knew that, if they used me well, it was only because they dared not do otherwise. I don't write this, however, to preach upon that, but to let you know another thing, to chew upon.

"You call me a murderer; and I want to tell you that you are the son of a murderer, and therefore stand on a par with my family, even at that. Your father, when we used to operate together in smuggling, being once hard chased, on an out-of-the-way road, by one of the custom-house crew, knocked him down with a club, and finished with the blow, to save a thousand dollars' worth of silk. But I sacredly kept his secret; yes, even to this day, besides making one good fortune for him, and being on the point of making him another. And yet he betrayed and turned against me. Yes, in that affair about the missing peltries, he betrayed me, out and out, and spoilt every thing. That was his unpardonable sin, with me. I resolved he should die for it; and he did. I didn't want to kill you, but couldn't suffer you to become a witness. No, I never had any thing against you, except for allowing matters to take the turn that drove my daughter to anticipate you in breaking off the match. But it was just as well, as it turned out. Avis, in the position of lady abbess of a convent in one of your eastern cities, which it is settled she will have, will stand quite as high, I guess, as in the position of lady Elwood.

"I have done, now, except to ask one favor,—the only one I will ever ask of any man,—and that is, that you won't publish my name, and couple it with the unlucky miss-go of last night; so that my wife and daughter, who know I am in this region, but not my business, may never learn that the captain of the Black Rover and I are one. As my brave boys are all gone down, and as I shall have no trial to bring it out, it rests with you to say whether it is ever to be known or not; for, as I have said, I have no notion of being either tried or hung, any more than I had at the North. GAUT."

On finishing this singular and remorseless missive, with its strange, painful, but as he feared too true disclosure of the secret of that fatal influence which had proved the ruin and final destruction of his father, Claud Elwood was too much troubled and overcome to utter a word of comment; and, with his pained and shuddering wife, he stood mute and thoughtful, until aroused by the stir on board, in preparations for weighing anchor, and the cheering announcement of the captain that a favoring breeze was springing up, and that within twenty minutes they would be, under the fairest of auspices, on their rejoicing way to their own beloved New England.

But the cheering thought was not to be enjoyed without the drawback of being compelled to witness one more and a concluding horror.

As Elwood and his beautiful companion were on the point of retiring from deck, their attention was suddenly arrested by a light, crashing sound, high up the tall side of the frigate. They looked, and caught sight of broken pieces of board or panelling flying out, as if beat or kicked from what appeared to have been a closed port-hole. Presently the body of a man, whom they at once recognized, was protruded through the ample aperture he had evidently thus effected, till he brought himself to a balance on the outer edge. Then came the sharp cry from some one of the frigate's officers:

"Look out, there, for the pirate prisoner!"

There was at once a lively stir on board, but too late. The next moment the heavily-manacled object of the alarm descended, like a swiftly-falling weight, to the water; and, with a dull plunge, the recoiling waves rolled back, forever closing over the traitor, the robber, the murderer, and the pirate, GAUT GURLEY!

THE END

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