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Moncure D. Conway - "George Washington's Rules of Civility"

Various - "The Mirror of Literature, Amusement, and Instruction Volume 13"

Various - "Atlantic Monthly, Vol. 9, No. 54, April, 1862"

William Roscoe Thayer - "George Washington"

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The Wing and Wing by J. Fenimore Cooper

J >> J. Fenimore Cooper >> The Wing and Wing




The Judge Advocate and the members of the court looked gravely at each
other. No one in the least doubted that the prisoner was Raoul Yvard,
but it was necessary legally to prove it before he could be condemned.
Cuffe was now asked if the prisoner had not confessed his own identity,
but no one could say he had done so in terms, although his conversation
would seem to imply as much. In a word, justice was like to be in what
is by no means an unusual dilemma for that upright functionary, viz.,
unable to show a fact that no one doubted. At length Cuffe recollected
Ghita and Ithuel, and he wrote their names on a piece of paper, and
passed them down the table to the Judge Advocate. The latter nodded his
head, as much as to say he understood the president's meaning; and then
he told the prisoner he might cross-examine the witness if he saw fit.

Raoul fully understood his situation. Although he certainly had not
entered the Bay of Naples with any of the ordinary views of a spy, he
was aware how far he had committed himself, and foresaw the readiness
with which his enemies would destroy him, could they find the legal
means of so doing. He also comprehended the dilemma in which his
accusers were placed for the want of testimony, and at once resolved to
turn the circumstance as much as possible to his advantage. Until that
moment the idea of denying his own identity had never crossed his mind;
but perceiving what he fancied an opening for escape, it was but natural
to avail himself of its protection. Turning, then, to the podesta, he
put his questions in English, that they might go fairly through the same
process of interpretation as the rest of the examination.

"You say, Signor Podesta," he commenced, "that you saw me in the town of
Porto Ferrajo and in the island of Elba?"

"Si--in which town I have the honor to be one of the authorities."

"You say I professed to command a vessel in the service of the King of
England; a felucca, called ze Ving-and-Ving?"

"Si--ze Ving-y-Ving--the commander of that felucca."

"I understood you to say, Mr. Podesta," put in Lyon, "that the craft was
a lugger?"

"A felucca-lugger, Signor Capitano--nothing more nor less than that, on
my honor."

"And all these honorable officers well know," observed Raoul,
ironically, "that a felucca-lugger and a lugger such as le Feu-Follet is
understood to be are very different things. Now, Signore, you have never
heard me say that I am a Frenchman?"

"Non--you have not been so weak as to confess that to one who hates the
name of the Francese. Cospetto! If all the Grand Duke's subjects
detested his enemies as I do, he would be the most powerful prince
in Italy!"

"No doubt, Signore; and now suffer me to inquire if you heard any other
name for that felucca than ze Ving-and-Ving. Did I ever call her le
Feu-Follet?"

"Non--always ze Ving-y-Ving; never anything else; but--"

"Your pardon, Signore; have the goodness to answer my questions. I
called the felucca ze Ving-and-Ving; and I called myself le Capitaine
Smeet; is it not true?"

"Si--Ving-y-Ving and il Capitano Smees--Sir Smees, a signore of an
illustrious English family of that name, if I remember right."

Raoul smiled, for he was confident this notion proceeded principally
from the self-illusion of the two Italians themselves; the little he had
said on the subject having been drawn out more by their suggestions than
by any design on his part. Still he did not deem it prudent to
contradict the podesta, who, as yet, had testified to nothing that could
possibly criminate him.

"If a young man has the vanity to wish to be thought noble," answered
Raoul, calmly, "it may prove his folly, but it does not prove him a spy.
You did not hear me confess myself a Frenchman, you say: now did you not
hear me say I was born in Guernsey?"

"Si--the Signore did say that the family of Smees came from that
island--as the vice-governatore calls it, though I acknowledge I never
heard of such an island. There are Sicilia, Sardegna, Elba, Caprea,
Ischia, Irlanda, Inghilterra, Scozia, Malta, Capraya, Pianosa, Gorgona,
and America, with several more in the east; but I never heard of such an
island as Guernsey. Si, Signore; we are humble people, and I hope modest
people in the island of Elba, but we do know something of the rest of
the world, notwithstanding. If you wish to hear these matters touched on
ingeniously, however, you will do well to call in the vice-governatore
for half an hour and invite him to open his stores of knowledge. San
Antonio!--I doubt if Italy has his equal--at islands, in particular."

"Good," continued Raoul; "and now tell these officers, Signore Podesta,
if you can say on your oath, that I had anything to do with that
felucca, ze Ving-and-Ving, at all."

"I cannot, Signore, except from your own words. You were dressed like
one of these officers, here, in an English uniform, and said you
commanded ze Ving-y-Ving. While speaking of islands, Signori, I forgot
Palmavola and Ponza, both of which we passed in this ship on our voyage
from Elba."

"Good--it is always well to be particular under oath. Now, Signor
Podesta, the result of all your evidence is, that you do not know that
the felucca you mention was le Feu-Follet, that I am a Frenchman even,
much less that I am Raoul Yvard, and that I told you that I was from
Guernsey, and that my name was Jacques Smeet--is it not so?"

"Si--you did say your name was Giac Smees, and you did not say you were
Raoul Yvard. But, Signore, I saw you firing your cannon at the boats of
this frigate, with French colors flying, and that is some signs of an
enemy, as we understand these matters in Porto Ferrajo."

Raoul felt that this was a direct blow; still, it wanted the connecting
link to make it testimony.

"But you did not see _me_ doing this?--You mean you saw ze Ving-and-Ving
in a combat with the frigate's boats."

"Si--that was it--but you told me you were commander of ze Ving-y-Ving."

"Let us understand you," put in the Judge Advocate--"is it the
intention of the prisoner to deny his being a Frenchman and an enemy?"

"It is my intention, sir, to deny everything that is not proved."

"But your accent--your English--nay, your appearance show that you are a
Frenchman?"

"Your pardon, sir. There are many nations that speak French which are
not French to-day. All along the north frontier of France is French
spoken by foreigners--Savoy, and Geneva, and Vaud--also the English have
French subjects in the Canadas, besides Guernsey and Jersey. You will
not hang a man because his accent is not from London?"

"We shall do you justice, prisoner," observed Cuffe, "and you shall have
the benefit of every doubt that makes in your favor. Still, it may be
well to inform you that the impression of your being a Frenchman and
Raoul Yvard is very strong; and if you can show to the contrary, you
would do well to prove it by direct testimony."

"How will this honorable court expect that to be done? I was taken in a
boat last night and am tried this morning at a notice as short as that
which was given to Caraccioli. Give me time to send for witnesses, and I
will prove who and what I am."

This was said coolly and with the air of a man assured of his own
innocence, and it produced a slight effect on his judges; for an appeal
to the unvarying principles of right seldom falls unheeded on the ear.
Nevertheless, there could be no doubt in the minds of the officers of
the Proserpine, in particular, either as to the character of the lugger
or as to that of the prisoner; and men, under such circumstances, were
not likely to allow an enemy who had done them so much injury to escape.
The appeal only rendered them more cautious, and more determined to
protect themselves against charges of unfair proceedings.

"Have you any further questions to put to the witness, prisoner?"
inquired the president of the court.

"None at present, sir--we will go on, if you please, gentlemen."

"Call Ithuel Bolt," said the Judge Advocate, reading the new witness's
name from a list before him.

Raoul started, for the idea of the American's being brought forward in
this capacity had never occurred to him. In a minute Ithuel appeared,
was sworn, and took his place at the foot of the table.

"Your name is Ithuel Bolt?" observed the Judge Advocate, holding his pen
in readiness to record the answer.

"So they say aboard here," answered the witness, coolly--"though, for
my part, I've no answer to give to such a question."

"Do you deny your name, sir?"

"I deny nothing--want to say nothing, or to have anything to do with
this trial or this ship."

Raoul breathed easier; for, to own the truth, he had not much confidence
in Ithuel's constancy or disinterestedness; and he apprehended that he
had been purchased with the promise of a pardon for himself.

"You will remember that you are under oath, and may be punished for
contumacy on refusing to answer."

"I've some gineral idees of law," answered Ithuel, passing his hand over
his queue to make sure it was right, "for we all do a little at that in
Ameriky. I practised some myself, when a young man, though it was only
afore a justice-peace. _We_ used to hold that a witness needn't answer
ag'in himself."

"Is it, then, on account of criminating yourself that you answer thus
vaguely?"

"I decline answering that question," answered Ithuel, with an air of
dignity.

"Witness, have you any personal knowledge of the prisoner?"

"I decline answering that question, too."

"Do you know anything of such a person as Raoul Yvard?"

"What if I do?--I'm a native American, and have a right to form
acquaintances in foreign lands if I see it's to my interest, or it's
agreeable to my feelin's."

"Have you never served on board His Majesty's ships?"

"What majesty?--There's no majesty in Ameriky, as I know, but the
majesty of heaven."

"Remember that your answers are all recorded, and may tell against you
on some other occasion."

"Not lawfully; a witness can't be made to give answers that tell ag'in
himself."

"Certainly not _made_ to do it; still he may _do_ it of his own accord."

"Then it's the duty of the court to put him on his guard. I've heerd
that ag'in and ag'in in Ameriky."

"Did you ever see a vessel called le Feu-Follet?"

"How in natur' is a mariner to tell all the vessels he may happen to see
on the wide ocean!"

"Did you ever serve under the French flag?"

"I decline entering at all into my private affairs. Being free, I'm free
to sarve where I please."

"It is useless to ask this witness any further questions," Cuffe quietly
observed. "The man is well known in this ship, and his own trial will
most probably take place as soon as this is ended."

The Judge Advocate assented, and Ithuel was permitted to withdraw, his
contumacy being treated with the indifference that power is apt to
exhibit toward weakness. Still there was no legal proof on which to
convict the prisoner. No one doubted his guilt, and there were the
strongest reasons, short of a downright certainty, for supposing that he
commanded the lugger which had so recently fought the boats of the very
ship in which the court was sitting; but notwithstanding, supposition
was not the evidence the laws required; and the recent execution of
Caraccioli had made so much conversation that few would condemn without
seeing their justification before them. Things were really getting to be
seriously awkward, and the court was again cleared for the purpose of
consultation. In the private discourse that followed, Cuffe stated all
that had occurred, the manner in which Raoul had been identified, and
the probabilities--nay, moral certainties--of the case. At the same
time, he was forced to allow that he possessed no direct evidence that
the lugger he had chased was a Frenchman at all, and least of all le
Feu-Follet. It is true, she had worn the French flag, but she had also
worn the English, and the Proserpine had done the same thing. To be
sure, the lugger had _fought_ under the _drapeau tricolor_, which might
be taken as a strong circumstance against her; but it was not absolutely
conclusive, for the circumstances might possibly justify deception to
the last moment; and he admitted that the frigate herself had _appeared_
to fire at the batteries under the same ensign. The case was allowed to
be embarrassing; and, while no one really doubted the identity of
Raoul, those who were behind the curtains greatly feared they might be
compelled to adjourn the trial for want of evidence, instead of making
an immediate sentence the means of getting possession of the lugger, as
had been hoped. When all these points had been sufficiently discussed,
and Cuffe had let his brethren into his view of the real state of the
case, he pointed out a course that he still trusted would prove
effectual. After a few minutes of further deliberation on this
information, the doors were opened and the court resumed its public
sitting, as before.

"Let a young woman who is known by the name of Ghita be brought in
next," said the Judge Advocate, consulting his notes.

Raoul started, and a shade of manly concern passed over his face; but he
soon recovered and seemed unmoved. Ghita and her uncle had been taken
from the cabin stateroom, and placed below, in order that the private
consultation might be perfectly secret, and it was necessary to wait a
few minutes until she could be summoned. These past, the door opened,
and the girl entered the room. She cast a glance of tender concern at
Raoul; but the novelty of her situation, and the awful character of an
oath to one of her sensitive conscience and utter inexperience, soon
drew her attention entirely to the scene more immediately before her.
The Judge Advocate explained the nature of the oath she was required to
take, and then he administered it. Had Ghita been taken less by
surprise, or had she in the least foreseen the consequences, no human
power could have induced her to submit to be sworn; but, ignorant of all
this, she submitted passively, kissing the cross with reverence, and
even offering to kneel as she made the solemn protestation. All this was
painful to the prisoner, who distinctly foresaw the consequences. Still,
so profound was his reverence for Ghita's singleness of heart and mind,
that he would not, by look or gesture, in any manner endeavor to
undermine that sacred love of truth which he knew formed the very
foundations of her character. She was accordingly sworn, without
anything occurring to alarm her affectations, or to apprise her of what
might be the sad result of the act.





CHAPTER XVIII.

"Hic et ubique? Then we'll shift our ground:--
Come hither, gentlemen,
And lay your hands upon my sword:
Swear by my sword."

HAMLET.

"Your name is Ghita," commenced the Judge Advocate, examining his
memoranda--"Ghita what?"

"Ghita Caraccioli, Signore," answered the girl, in a voice so gentle and
sweet as to make a friend of every listener.

The name, however, was not heard without producing a general start, and
looks of surprise were exchanged among all in the room; most of the
officers of the ship who were not on duty being present as spectators.

"Caraccioli," repeated the Judge Advocate, with emphasis. "That is a
great name in Italy. Do you assume to belong to the illustrious house
which bears this appellation?"

"Signore, I assume to own nothing that is illustrious, being merely an
humble girl who lives with her uncle in the prince's towers on Monte
Argentaro."

"How happens it, then, that you bear the distinguished name of
Caraccioli, signorina?"

"I dare say, Mr. Medford," observed Cuffe, in English, of course, "that
the young woman doesn't know herself whence she got the name. These
matters are managed very loosely in Italy."

"Signore," resumed Ghita, earnestly, after waiting respectfully for the
captain to get through, "I bear the name of my father, as is usual with
children, but it is a name on which a heavy disgrace has fallen so
lately as yesterday; _his_ father having been a sight for the thousands
of Naples to gaze on, as his aged body hung at the yard of one of
your ships."

"And do you claim to be the grand-daughter of that unfortunate
admiral?"

"So I have been taught to consider myself; may his soul rest in a peace
that his foes would not grant to his body! That criminal, as you
doubtless believe him, was my father's father, though few knew it, when
he was honored as a prince and a high officer of the king's."

A deep silence followed; the singularity of the circumstance, and the
air of truth which pervaded the manner of the girl, uniting to produce a
profound sensation.

"The admiral had the reputation of being childless," observed Cuffe, in
an undertone. "Doubtless this girl's father has been the consequence of
some irregular connection."

"If there has been a promise or any words of recognition uttered before
witnesses," muttered Lyon, "accordin' to the laws of Scotland, issue and
a few pairtenant expressions will splice a couple as strongly as ye'll
be doing it in England before either of the archbishops."

"As this is Italy, it is not probable that the same law rules here.
Proceed, Mr. Judge Advocate."

"Well, Ghita Caraccioli--if that be your name--I wish to know if you
have any acquaintance with a certain Raoul Yvard, a Frenchman, and the
commander of a private lugger-of-war, called le Feu-Follet? Remember,
you are sworn to tell the truth, the _whole_ truth, and nothing but
the truth."

Ghita's heart beat violently, and the color came into her face with the
impetuosity of sensitive alarm. She had no knowledge of courts, and the
object of the inquiry was unknown to her. Then followed the triumph of
innocence; the purity of her mind and the quiet of her conscience
reassuring her by bringing the strong conviction that she had no reason
to blush for any sentiment she might happen to entertain.

"Signore," she said, dropping her eyes to the floor, for the gaze of all
the court was fastened on her face--"I _am_ aquainted with Raoul Yvard,
the person you mention; this is he who sits between those two cannon. He
is a Frenchman, and he _does_ command the lugger called the Feu-Follet."

"I knew we should get it all by this witness!" exclaimed Cuffe, unable
to suppress the relief he felt at obtaining the required testimony.

"You say that you know this of your own knowledge," resumed the Judge
Advocate--

"Messieurs," said Raoul, rising, "will you grant me leave to speak? This
is a cruel scene, and rather than endure it--rather than give this dear
girl the cause for future pain that I know her answers will bring--I ask
that you permit her to retire, when I promise to admit all that you can
possibly prove by her means."

A short consultation followed, when Ghita was told to withdraw. But the
girl had taken the alarm from the countenance of Raoul, although she did
not understand what passed in English; and she was reluctant to quit the
place in ignorance.

"Have I said aught to injure thee, Raoul?" she anxiously asked--"I was
sworn on the Word of God, and by the sacred cross--had I foreseen any
harm to thee, the power of England would not have made me take so solemn
an oath, and then I might have been silent."

"It matters not, dearest--the fact must come out in some way or other,
and in due time you shall know all. And now, Messieurs"--the door
closing on Ghita--"there need be no further concealment between us. I am
Raoul Yvard--the person you take me for, and the person that some of
you must well know me to be. I fought your boats, Monsieur
Cuffe--avoided your _brulot,_ and led you a merry chase round Elba. I
deceived the Signor Barrofaldi and his friend the podesta, and all for
the love of this beautiful and modest girl, who has just left the cabin;
no other motive having carried me into Porto Ferrajo or into this Bay of
Naples, on the honor of a Frenchman."

"Umph!" muttered Lyon, "it must be admitted, Sir Frederick, that the
prisoner appeals to a most eligible standard!"

On another occasion national antipathy and national prejudice might have
caused the rest of the court to smile at this sally; but there was an
earnestness and sincerity in the manner and countenance of Raoul, which,
if they did not command entire belief, at least commanded respect. It
was impossible to deride such a man; and long-cherished antipathies were
rebuked by his spirited and manly declarations.

"There will be no further occasion for witnesses, Mr. Judge Advocate, if
the prisoner be disposed to acknowledge the whole truth," observed
Cuffe. "It is proper, however, Monsieur Yvard, to apprise you of the
possible consequences. You are on trial for your life; the charge being
that of coming on board an English ship in disguise, or rather into the
centre of an English fleet, you being an alien enemy, engaged in
carrying on open warfare against His Majesty."

"I am a Frenchman, Monsieur, and I serve my country," answered Raoul,
with dignity.

"Your right to serve your country no one will dispute; but you must know
it is against the laws of civilized warfare to act the part of a spy.
You are now on your guard and will decide for yourself. If you have
anything to say, we will hear it."

"Messieurs, there is little more to be said," answered Raoul. "That I am
_your_ enemy, as I am of all those who seek the downfall of France, I do
not deny. You know _who_ I am and _what_ I am, and I have no excuses to
make for being either. As brave Englishmen, you will know how to allow
for the love a Frenchman bears his country. As for coming on board this
ship, you cannot bring that as a charge against me, since it was at your
own invitation I did it. The rites of hospitality are as sacred as they
are general."

The members of the court exchanged significant glances with each other,
and there was a pause of more than a minute. Then the Judge Advocate
resumed his duties saying;

"I wish you to understand, prisoner, the precise legal effect of your
admissions; then I wish them to be made formally and deliberately; else
we must proceed to the examination of other witnesses. You are said to
be Raoul Yvard, an alien enemy, in arms against the king."

"Monsieur, this I have already admitted; it cannot honorably be denied."

"You are accused of coming on board His Majesty's ship Proserpine
disguised, and of calling yourself a boatman of Capri, when you were
Raoul Yvard, an alien enemy, bearing arms against the king."

"This is all true; but I was invited on board the ship, as I have just
stated."

"You are furthermore accused of rowing in among the ships of His
Majesty, now lying in the Bay of Naples, and which ships are under the
orders of Rear-Admiral Lord Nelson, Duke of Bronte, in Sicily, you being
in the same disguise, though an alien enemy, with the intent to make
your observations as a spy, and, doubtless, to avail yourself of
information thus obtained, to the injury of His Majesty's subjects, and
to your own advantage and that of the nation you serve."

"Monsieur, this is not so--_parole d'honneur_, I went into the bay in
search of Ghita Caraccioli, who has my whole heart, and whom I would
persuade to become my wife. Nothing else carried me into the bay; and I
wore this dress because I might otherwise have been known and arrested."

"This is an important fact, if you can prove it; for, though it might
not technically acquit you, it would have its effect on the
commander-in-chief, when he comes to decide on the sentence of
this court."

Raoul hesitated. He did not doubt that Ghita, she whose testimony had
just proved so serious a matter against him, would testify that she
_believed_ such was alone his motive; and this, too, in a way and with
corroborative circumstances that would carry weight with the, more
particularly as she could testify that he had done the same thing
before, in the Island of Elba, and was even in the practice of paying
her flying visits at Monte Argentaro. Nevertheless, Raoul felt a strong
reluctance to have Ghita again brought before the court. With the
jealous sensitiveness of true love, he was averse to subjecting its
object to the gaze and comments of the rude of his own sex; then he knew
his power over the feelings of the girl, and had too much sensibility
not to enter into all the considerations that might influence a man on a
point so delicate; and he could not relish the idea of publicly laying
bare feelings that he wished to be as sacred to others as they were
to himself.

"Can you prove what you have just averred, Raoul Yvard?" demanded the
Judge Advocate.

"Monsieur--I fear it will not be in my power. There is one--but--I much
fear it will not be in my power--unless, indeed, I am permitted to
examine my companion; he who has already been before you."

"You mean Ithuel Bolt, I presume. He has not yet been regularly before
us, but you can produce him or any other witness; the court reserving to
itself the right to decide afterward on the merits of the testimony."

"Then, Monsieur, I could wish to have Etoo-ell here."