CHAPTER XIV.

What foolish boldness brought thee to their mercies, Whom thou, in terms so bloody, and so dear, Hast made thine enemies?---- Therefore, by law thou art condemn'd to die. SHAKSPEARE.

On the following morning, Affidavy presented himself at the prison, and demanded access to his client.

"Client!" said the jailer, with a stare. "Why now, Affidavy, man, (begging your pardon for being familiar,) there's none of your birds roosting in my hen-house."

"A smaller on that, Lingo,--come, what will you lay?" said the man of law, seizing upon the official's hand, and shaking it with great apparent friendship. "Come, stir about, Lingo; clink, clink, stir bolt, clash key, and open. It's long since we've had a crack together; but we'll have a jolly rouse yet. Ah! that knotty old Schlachtenschlager! my head is in a reel yet; must have something to steady my nerves."

"Well, squire," said Lingo, a coarse-featured, shag-headed personage, with a fist like the butt of an oak-tree, and altogether a low and mean look which might have been supposed to sink him below the notice of the attorney, had not Affidavy's habits made him long since a fitting associate for even a meaner man; "Well, squire," he said, with an air as if even he regarded his visiter with some little contempt, "I don't care if I treat you to a drop; though my whiskey's none of the smoothest, neither."

"Curse your whiskey!" said the man of law, pulling a guinea from his pocket. "Do you see this yellow boy, my lad of knuckles? Botheration upon you, I came here to spend the day with you, and I intend to treat you royally. So, call your boy, Hanschen, and let him fetch me a quart of cognac from old Brauntweinpunsch's, for he keeps the best in all Hillborough. And do you take care of the change for me, and help yourself, if you like, while I am holding counsel with the prisoner."

"Icod," said Lingo, balancing the coin in his hand, "I never stick at a good offer; but I should like to know where this little feller came from. Howsomever, 'tis none of my business; and so Hans shall go. But, who's your client, squire? I'm glad you've got a job, for you're a devil of a feller at a speech,--I always said that for you. Which prisoner do you wish to see?"

"Why, the young Hawk of the Hollow, to be sure."

"Odds bobs, squire," said Lingo, scratching his head, "you're too late for that cock-robin, I'm thinking."

"Too late! He ha'n't broke jail already!" tried the alarmed attorney.

"Broke jail _already_!" echoed Lingo, with a grin. "I dunna what you mean by that; but if he breaks jail at any time, while I'm king of the ring, you may call me Jack Robinson. No, the matter's not so bad as that: but he sent yesterday for young Pepperel"----

"God bless our two souls!" ejaculated the lawyer.

"And they say," continued Lingo, "he is to have old Timberkin likewise; for, it seems, the younker has money."

"What! old Long-tongue Timberkin? Zounds, we'll have the whole crow's-nest at the picking! Oons, man, let me in to him."

"Well, I dunna," muttered Lingo, leading the way, however, to the prisoner's cell; "I reckon, 'twere as well to save his money for something else; for it's a clear case with him, eh, squire?" And as he spoke, he made a gesture with his finger around his throat, the meaning of which was not to be mistaken. "Howsomever, here you are. When you're done with him, just knock at the door, and I'll let you out."

The next moment, Affidavy found himself alone with the prisoner. He sat, apparently half stupified, on a low bed, beneath a grated window, from which a silvery light fell upon the crown of his head, his shoulders, his knees, and his hands that were clasped upon them, while his visage, and nearly all his person, were lost in dusky shadow. A little table with food and water was at his side, but both were left apparently untouched. His limbs were unfettered; and this circumstance Affidavy might have referred to the humanity of the jailer, had he not perceived at a glance how unnecessary was such a precaution with one whose bodily powers were as much enfeebled as those of his spirit. Indeed, there was a look of such utter wretchedness about the unfortunate youth as might have softened a harder heart than the jailer's; and even Affidavy began to survey him with a touch of pity. He raised his eyes, when the door was opened, but cast them again on the floor; for indeed there was so little in Affidavy's appearance to excite attention, that he supposed him to be some assistant of the jailer, or perhaps a common officer, come on some errand of duty, with which he would be soon made acquainted. This suspicion was dispelled by the attorney; who no sooner heard the bolt shoot back into the stone door-post, than he advanced, declaring his name and character.

"Affidavy?" muttered the youth, with a dejected voice: "I thought it was Mr. Timberkin, that Mr. Pepperel was to bring me."

"Pshaw, botheration," said the lawyer, "you were a goose to send for such ninnies; we can do better without them. And what can these fellows do for you? Where will you find them riding about of a stormy night, picking up evidence, laying plans, and so on? However, we can find them something to do: I'll sort them; I know what they are fitted for. You stare at me--Very well; I understand what you mean. I come from your friends, sir, and"--

"From my friends?" cried Hyland, starting up, wildly: "from whom? I have no friends here--none, at least, but _one_; and, oh God of heaven! they tell me I have killed her too!"

"Oh, you mean old Elsie," said the attorney: "hang her, (that is, poor old soul!) she's not dead yet."

"But Catherine?--Miss Loring?--Captain Loring's daughter?" cried the youth, with a voice and countenance of despair; "what news of her?"

"Aha! I understand," muttered Affidavy. "But don't be alarmed; there's no death there.--A little fright and grief, sir,--that's all; they never kill one." Hyland clasped his hands, and buried his face between them; and the lawyer continued,--

"Quite a small matter, I assure you, and will blow by, when we get you safely off."

"Get me off!" cried Hyland, again starting to his feet, in the greatest agitation. "Is there any hope of that? No, there is none!" he exclaimed, vehemently: "I am a blood-stained man, I have taken life, I am a murderer"--

"Tush and botheration, hush!" said Affidavy, clapping his hand over the prisoner's mouth; "why need you be blabbing? That was confession enough to end the matter, without plea or witness: 'tis just a charge to the jury, a verdict in the box, and then a long face and the hangman."

"Misery! misery!" cried the unhappy youth: "and to this I have brought myself! the death, the ignominy, of a felon! I know it, I see it very clearly," he added with indescribable emotion, "I see how it must end--good God, upon the gallows! But it shall not be; I will die first--thank heaven, I am dying already! Put but the trial off--they say the court opens this day!--put it off but a week; you shall have an hundred guineas, five hundred, a thousand, all that I have!--only put off the trial a week, that I may die before they drag me into the light again! I deserve to die, I am willing to die, but not, oh heaven! not upon a gibbet!"

"Zounds!" cried Affidavy, who strove in vain to interrupt this burst of frenzied feelings, "you are taking the best way to reach a gibbet, notwithstanding. You are mad, I believe; botheration, sir, if you talk this way, there will be no saving you"--

"Saving me! Can I be saved? that is, not from death, but from ignominious death? Hark you, sir,--they have taken away my money, but I have enough more. Get me a knife, a pistol, a rope, a dose of poison"----

"Tush; if you do not cease this mad raving, and let me speak, I will be gone; you are making the case desperate. Be silent, and listen. Your case is bad, sir, very bad, I must confess, sir. But you have friends, sir; and you may hope; yes, you may hope--if you are wise, sir, you may hope.--You have----Now don't start, or cry out, or I'll leave you--Ehem, sir, I must whisper--you have relations,--a brother, sir"--

"Oran!" cried the prisoner, who would have again started up, had he not been held in his seat by Affidavy: "oh, heaven be thanked! he has not deserted me! Have you seen him? where is he? what can he do for me? will he rescue me?"

"Tush, you must be quiet. If you will speak, let it be in a whisper. As for the trial, why we will stop that if we can. A British officer, with a king's commission in his hand, taken in arms, cannot be shuffled into a cart by a civil tribunal, for following his vocation, and slitting a throat or two. Now, Mr. Lieutenant Gilbert, you understand me? You have a commission."

"No, by heaven! I refused it: I am no officer, and this will not avail me. I am no officer, I was none; nor was I so much even as a volunteer. I refused the commission up to the last moment, and this is the end of it: I would not be the enemy of what was my native country,--of my countrymen; and now they are all enemies of mine! I was not a member of the band; I never acted with it,--never save that fatal once, and then I went not to make war,--no, not even upon the poor wretch I killed--Would to God the pistol had been turned against my own breast!"

"Tush," said Affidavy, interrupting what bade fair to end in another violent paroxysm, "that's wide of the question. The band looked upon you as officer; and unless that fellow, Sterling"--

"The villain! it is he has ruined me!"

"Unless he can swear to the contrary, which he can't, (and, botheration, there's a way of stopping his mouth altogether;) who will be the wiser? Now if we could get Dancy Parkins admitted, along with Sterling, as evidence for the commonwealth--However, we can't; and we'll say no more about it: the prosecuting attorney swears he'll hang him. His mouth is, at all events, sealed. We are safe enough. Here is the commission: Now, sir, you will put a bold face on the matter, insist upon your privilege, and"----

"Perjure myself with a lie? avow myself the enemy of my native land? and so die worse and more degraded than I am? Never! Duplicity has made me what I am; a deception that I thought innocent and harmless, has brought me to this pass. Had I come without concealment, then I had left without disgrace, without crime. Oh fool, fool that I was! Talk of this no more: it was on this ground Mr. Pepperel thought of defending me; but on this ground I will not be defended."

"Oho! and young ninny has been before me there, too?" muttered the lawyer. "Well, botheration," he continued, falling into a deep study, in which he held counsel only with himself,--"there is but the one shift in which the rascals won't join me,--but one path in which I can walk this goose-head off alone. Well now, all depends upon Lingo: the rogue has a head as thick as a mountain, and a considerable deal harder. 'Twere a shame to waste gold upon such a clod-headed pig. Give him fifty guineas! God bless our two souls! it were a mere casting of pearls before swine, and, in some sort, a robbing of my own pockets. A shilling's worth of laudanum were a better fee, besides being cheaper. But we'll see."

Having concluded his meditations, he turned to the prisoner, who sat surveying him with an anxious countenance, as if expecting some better comfort from his thoughts, and then said,--

"Well, botheration, we'll have to think of another thing. It is well you are not fettered."----

The young man writhed as if struck with a lash; but before he could speak, Affidavy continued, though with an emphatic gesture for silence,--"For that saves us all the vexation and danger of sawing. You see this little instrument?" he said, displaying a file. "Now, be quiet on your life, sir. You will understand from this, that there is something in the wind boding you good. You are sick and wasted--you were hurt in the scuffle, too; but put you beyond these stone walls, with a saddled horse under you, could you ride him?--Why, botheration, what makes you tremble so?"

"Oh heaven!" cried Hyland, "do not mock me! Nay, I will whisper. Give me the file: I will cut the grating through."

"It does not need," said Affidavy, "and I have no notion of running any risk by leaving it in your hands. But you must understand, sir, (hold your ear close,) that this is a very ugly piece of business, especially for _me_: if discovered, sir, I am a ruined man; the penalty, sir, is the very next thing to hanging; ay, sir, and in my estimation, somewhat worse; but that's according as we think of it. Now, sir"----

"I understand you," muttered Hyland. "You shall name your own reward--half of my estate, if you will; nay, all--_all_, so you get me but to the woods, where I can die in peace, and undishonoured!"

"Tush, we'll not think of death: you'll live and be happy. Then as for reward, why, sir, I would not have you think me extortionate, or capable of taking advantage of your distress. No, sir, by no means; I am a lawyer, sir, but an honest man."

"For God's sake, take what you will. Say nothing more; you shall have your wish."

"Oh, sir," said Affidavy, "there is no hurry. As for taking all your estate, or even half of it, sir,--sir, do not believe I will think of that! No, sir; I am neither a buzzard nor a niggur's dog. But I must be indemnified for losses: I ruin myself, sir,--I must sacrifice an excellent practice, sir,--my reputation, sir, and my prospects. In a word, sir, I must e'en take to my heels along with you; for after such a prank as a jail-breaking, the county will be too hot to hold me. Sir, I remember your father: he was a wronged man, sir; and my feelings will not suffer me to see his youngest son too severely handled. I once knew your brothers, sir, and I always thought they were badly treated. Sir, I feel much grieved to see poor old Mr. Gilbert's son brought to such a pass. Sir, my regard for your deceased parent makes me do what I do; and, (not to whip the devil round the stump any longer, sir,) I must confess, sir, that what I do is a very scoundrelly piece of business, sir; which if any body had proposed to me in behalf of any other person in the world, I should certainly, sir, have knocked the proposer over the mazzard,--I would, sir, botheration."

"What needs more words?" said Hyland, too much agitated to think of weighing the motives of his new ally in the balance of conscience or interest. "Make your demand, and have it."

"Ah! sir," said Affidavy, with a snuffle through the nose, "it is a sorrowful thing to be driven from home and friends, to wander an exile over the earth! There's my poor Mrs. Affidavy,--the thing will break her heart. However," he added, for the prisoner began to wax frantic with impatience, "I don't believe in breaking hearts, after all,--especially Mrs. Affidavy's. Sir, you are a rich man, and a young man, and a man without family or cares. I will not sell my humanity, sir; no, botheration, I'm above that; but I will accept of your superfluity what will indemnify me for the losses I endure in your service. Your case is very bad, sir; and indeed, if you were even a commissioned officer, it could not be much better. The indictment is already framed, and will this day, or at furthest to-morrow, be returned a true bill by the grand jury. You are a rich man, sir--had I pleaded your cause and saved your life, I should have expected a fee of five hundred guineas, (a small sum for a rich man's life;) and there's old Long-tongue and Pepperel would have demanded as much more, each. But, sir, I'll save you five hundred guineas; and leave these fellows to whistle. We'll say a thousand guineas, then, and"----

"All, I tell you, all, all!" cried the unhappy prisoner. "Take any thing, take every thing"----

"God forbid!" cried Affidavy, devoutly; "I will not prey upon you. If you, from your own generosity, should think of adding five hundred more to the fifteen hundred, why sir, I should thankfully receive them. But I leave that to yourself, sir. At present, sir, I shall be content with what I have named; and will take your note of hand for the amount. You see, sir," he added, drawing from a huge and well thumbed pocket-wallet, a slip of paper, which with an ink-horn, he immediately deposited on the table, "I have drawn this entirely in your favour, payment not to be demanded unless upon the successful completion of a certain service not mentioned, and then in such way as will suit your convenience. If I fail, sir, I am ruined, sir, and yet receive nothing. Allow me to fill the blanks, sir, and then, sir, you can sign. I will fill them first, sir, in order that you may see I take no advantage of you, sir. Two thousand guineas, sir, is a small sum, a very small sum, when one thinks of a gallows.--Sir, be not alarmed--your hand trembles, sir; but I trust to your honour to recognise the signature--yes, sir, I prefer your honour to twenty witnesses, sir. You shall escape, sir; or damn it, sir," added the harpy, in the enthusiasm of gratitude, "I will hang along with you!"

It was fortunate the worthy Affidavy had some bowels of compassion; for had he filled up the blanks of his villanous contract with an amount comprehending the whole worldly wealth of the poor prisoner, it would have been subscribed with equal alacrity. What was gold in the balance with life? what price could be held dear that procured a remission from ignominy? Hyland clutched at the pen as at the bolt of his prison-door; and, in the same frenzy, subscribed, in addition, an order committing his good roan horse to the disposition of his counsel, which Affidavy declared to be necessary, Hyland neither asked or sought to know how, to the success of the enterprise. This accomplished, and the papers safely deposited away in the wallet, the attorney wrung his client by the hand, and that somewhat wildly, giving him to understand that he was to hold himself in readiness that very night to escape, and recommending him to sleep a little during the day, the better to support the toil of flight. He charged him, twenty times over, to be silent and wary, to look as wo-begone and despairing as possible, and above all things to hold no conversation that could be avoided, with his other counsel. Then wringing his hand again, with the most convulsive sympathy, he knocked at the cell-door, was let out, and would have run into the open air without uttering a word, so big was his mind with the conception of his vast fee, had he not been arrested by the astonished jailer.

"Ods bobs!" said Lingo, "have you forgot the brandy, squire?"

"Botheration!" cried Affidavy, with a wild stare.

"Ods bobs!" re-echoed Lingo, "is the man mad? Why, Affidavy, what ails you? You look as white and wild as the prisoner!"

"Oh! ah! ay! the prisoner? yes, the prisoner," said the attorney, rubbing his nose and chin with great zeal, and recovering his wits. "Oh, ay, I remember: the prisoner, poor fellow! Ah, Lingo, Lingo! 'tis a hard case, a sorrowful case, a heart-aching case. I declare, Lingo, I could sit down and blubber; I could, botheration, I could!" and here the sympathetic counsel, to Lingo's amazement, burst into a loud uproarious laugh, such as he had never been known to give vent to before.

"The devil's in the man, sure enough," said Lingo. "But I see, I see," he muttered, surveying Affidavy sagaciously, "he has been blowing it a little too hard, and now he's getting a touch of the _Horrors_. Well, well, brandy's the best cure for that; and he shall have a snap at his own medicine."

So saying, the jailer poured out a glass of cognac, the rich odour of which had no sooner reached Affidavy's nostrils than his spirits became composed, he stretched forth his hand, and the smacking of his lips proclaimed the fervour of his satisfaction.

"Old Brauntweinpunsch for ever!" he cried. "Ah, Lingo, you dog! you know what's what! Ehem, sir, botheration and tush! God bless our two souls, but I'm monstrous sleepy! Out all last night, Lingo, in the rain; was upset in the brook up at old Schlachtenschlager's, and half drowned, and hadn't a wink of sleep. I believe, I was dreaming all the time the poor fellow up there was telling his story. Must go home and nap a little--But no, I can't! Will finish the jug there, Lingo, before the day's out, ehem. Can give us a bed, here, Lingo, man, in case of necessity? What d'ye say? Rather full at Mrs. Affidavy's, and a wash-day, too. Oh, you dog, botheration, we'll have a rouse under lock and key to-night, won't we? Have something to tell you, and must be near the prisoner. But mum, boy, mum's the word! We'll have a rouse to the health of my client."

With that, the attorney made another long face, fell into a second roar of merriment, and went flying from the prison.