style. 'All the in-ves-ti-gation you want.' _I_ was riled. I hissed."

"Like an old snappin' turtle," said the backwoodsman.

"I recollect," resumed Hadley, "the judge fixed the next Wednesday for the hearing, as Burr desired. Wednesday came, but Daviess wasn't ready. One of his witnesses absent. What could the judge do but discharge the jury? He did discharge the jury, and then, gentlemen, we had another surprise! No sooner had those jurymen left the box than in marched Burr once again, and said he regretted that the jury had been discharged, and asked the reason. Daviess buzzed up, like a mad hornet, and explained that one of his princ.i.p.al witnesses, Davis Floyd, was in Indiana attending a territorial legislature. Everybody burst out laughing, and the judge had to call the court to order. You ought to have seen Burr! Without cracking a smile, he desires that the cause of Floyd's absence be entered upon record. Then he makes another address, partly to the court and partly to the people, denying in toto the charges against him, and insisting on a fair investigation. There is not a franker, more open-and-above-board soul living than this same Aaron Burr of New York! They can't catch him by any tricks of law or lying. He won't be downed. To-day comes the last tug of war. I never saw such another crowd in this town as we have now to attend court.

All Frankfort is here, all Lexington, and pretty much all Kentucky."

"I'll be danged," piped old Jim, "if I don't start right away and try to git a bench. An ailin' man, like me, can't scrouge, as I used to could."

"Go 'long wi' me; I'll jam you through the crowd, or mash you, Jim,"

offered the backwoodsman. "Fetch out the jug, Sanders, it's my treat.

Come up to the counter, neighbors, 'less you mean to insult me. Here, use this dipper, Jim. All must drink--yes, you too, Solly." These last words were addressed to a ghost-like man with a long white beard and insane eyes, who had glided into the store. He was recognized by all present under the name of "Solly," an abbreviation of Solitarius.

The demented fanatic sadly shook his head.

"Peace be with you all. Amen!"

"Amen, Solly; how's the Halcyon Itinerary?" asked Hadley, in playful irony. "Where's your revelations?"

"Awake from your dreams." This monition, uttered in a slow, solemn tone, was received by the loafers good-naturedly, being advice they had often heard from the same lips.

"This whiskey'll wake 'em up, Solly, if anything this side of liquid fire can. Here's a tinful for you."

The crazy prophet waved the offering away, raised his palms in silent benediction, and glided out as noiselessly as he had entered.

"Badly cracked," said the grocery-keeper.

"Religion done it," exclaimed Old Jim, between swallows.

The drinks having been paid for, the entire company, led by the backwoodsman, left the store and hurried to the court-house.

XXII. NOT A TRUE BILL.

The oft-deferred and eagerly expected hour came, in which the charges brought against Aaron Burr by the United States District Attorney of Kentucky were to be investigated before a Grand Jury, Judge Hary Innes presiding. The court-room was crammed from wall to wall with a crowd of men impatiently awaiting the first move in the antic.i.p.ated war of words between two famous lawyers, who were known to be not only political antagonists, but also personal enemies. The cause of the impending battle was worthy of the contestants. On the result of that day's testimony and debate hung the fortunes of the conspirator and his federaries. This Burr realized, though few of his devoted adherents in that crowded room had suspicion that the charges against him were true. In the minds of most of them he figured as a martyr, a patriotic citizen maligned and traduced. There were many in that a.s.semblage who, had they believed his designs traitorous, would have greeted him not with applause, but with a volley of rotten eggs.

When Judge Innes stepped behind the high desk of justice, and took his official seat, a buzz of expectation went round. The clerk of the court bustled in with an air of importance, and shook hands with the District Attorney, whose troubled, anxious eye shot piercing glances in every direction. Daviess appeared to be seeking for somebody he hardly hoped to find. Old Jim, standing in a corner, craned his neck to get a better view, wheezily murmuring in the ear of his friend, the backwoodsman, "Jo looks cross. I reckon he has lost somethin'."

"'Spect he has lost his case," remarked Buckskin Breeches, stooping to spit tobacco juice on the floor. At this moment a cheer, seconded by general handclapping, announced the coming of Burr and his counsel, Clay and Allen. The judge did not check the demonstration; on the contrary, he smiled a beaming welcome and was unjudicial enough to nod familiarly from his high bench.

The case was called with the usual forms of procedure, when, to the disgust of Old Jim and the auditors generally, Daviess asked a further postponement owing to the absence of an indispensable witness, John Adair. The judge hesitated, Burr had nothing to say, and the spectators manifested signs of democratic protest against being disappointed in their hopes of a forensic entertainment. Burr's lawyers were very willing to treat the populace to a taste of oratory, which, in the guise of legal discussion, might produce remote political effects, for office-seeking was a fine art in the good old days of Jackson and Clay. Colonel Allen arose to insist that the investigation go on or else be abandoned finally and entirely, and to this the judge seemed to a.s.sent. Daviess, fearful that the court and the balance of public opinion were against him, felt the difficulty of his position, but determined to summon all his power of argument and persuasion, hoping to turn the tide in his favor. A bold man, ready in debate, sharp at repartee, the leader of his party, the District Attorney was considered a match for any member of the Kentucky bar.

The judge, the a.s.sembled lawyers, and the waiting audience perceived in the very att.i.tude of Daviess, when he rose to plead for postponement, that he was loaded with a great speech. They were not mistaken. For more than an hour he held the absorbed attention of every listener. He set forth clearly and forcibly the fundamental reasons why the accusation of treason against a prominent citizen should be fully investigated.

"Your Honor," said he, in conclusion, "I appear before you and before the people of this State and county, and before the throne of Almighty G.o.d; I come in the discharge of an imperative duty, as a servant of the United States, to which I am bound by a sacred oath; I come to lay before you d.a.m.ning evidence that the accused is guilty of treason to his country. Only give me time--grant me another day. I shall produce unwilling witnesses whose testimony will convince even the most prejudiced politician, will persuade even his own deluded followers that Aaron Burr is engaged in machinations to destroy this Federal Union which the men of Lexington and Bunker Hill fought and died to establish. Behold the Brutus who would stab, not a despotic Caesar, but the nourishing bosom of his native country. We have here, in loyal Kentucky, a Lexington, our most populous city. Remember that it was named in commemoration of the first battle of the Revolution. Shall our Lexington be suffered to become a hot-bed of sedition? No, your Honor--a thousand times, no!"

The effect of this peroration was for the moment overwhelming. A dead silence prevailed throughout the court-room. Garrulous Old Jim attempted no sarcastic criticism; he rolled his blear eyes in the direction of the backwoodsman and shook his head as if to say, "I give it up." The climax of the day's oratory, however, was yet to come.

Daviess took his seat and Clay instantly sprang up to answer him.

"Harry of the West," already a popular idol, was the most celebrated speaker in Kentucky. Not yet thirty years of age, he had just been chosen to represent his State in the Senate of the nation. Burr, soliciting his professional aid, had written a note denying either treasonable intentions or complicity with traitors. "You may be satisfied," wrote he, "that you have not espoused the cause of a man any way unfriendly to the laws, the government, or the interest of his country." Relying on this a.s.surance, Clay gave his services without fee, perhaps in antic.i.p.ation of the satisfaction he would enjoy in vanquishing with the tongue the man who had once challenged him to mortal combat with pistols. His resolute mien, tall, graceful figure, expressive gestures, flashing eye, and mellifluous voice captivated independently of the substance of his discourse. Clay was eloquent by nature. There was no resisting the flood of his impa.s.sioned speech.

In the course of his address, which was meant as much for the public ear as for that of the judge, he said: "These paltry charges, may it please your Honor, these foul and slanderous charges, the filthy ooze of an irresponsible newspaper, are incredible, preposterous--nay, mendacious! They are not made in good faith. The purpose of those who are fomenting mischief, under the pretence of performing public duty, is not what it professes to be. The motives underlying this show of public virtue are sinister and selfish."

"Do you mean to cast reflections on my character, sir?" demanded Daviess.

"Not at all. You are brilliant enough to shine by your own light.

Look, sir, a moment, at the history of this ill.u.s.trious American citizen whom you are called upon to vex and vilify; remember his heroic conduct in war, his splendid services in peace; recall the story of his public sacrifices and his private misfortunes; who, I ask, is worthy of a generous people's grat.i.tude and confidence if Aaron Burr be not worthy? Do you charge him with disloyalty? him the hero of Quebec, of Long Island, and of Monmouth? him the very sword hand of Washington?" This flourish of rhetoric added an extra inch to the length of Jim Sweet's craned neck.

"Sock it to 'em!" he tried to shout, but his phthisicky effort ended in a spell of coughing.

"Order in the court!" shouted the clerk, fixing the disturber with threatening eye.

"They tell us Republics are ungrateful, and it seems that my learned friend, the district attorney, would have you believe that miserable maxim. Out upon such a sentiment! We boast, sir, of the hospitality of Old Kentucky, especially of the Blue Gra.s.s region, and well we may boast. Our people are magnanimous--their hearts are great. But what shall be said of the unspeakable meanness, baseness, perfidy, of that man or that community which would betray the stranger at the gates, that would traduce and malign a high-minded, unsuspecting guest? What, your Honor, is the hospitality of that section or city in this vast Republic, the function of whose tribunals is to protect the rights of the individual; what is the hospitality of a neighborhood which permits a citizen to lie in wait to a.s.sa.s.sinate a pilgrim of peace?

That, your Honor, is what the prosecutor purposes. He would blacken the reputation of his brother who happens to be of a different political complexion. He would filch from the ex-Vice-President of the United States his good name."

"He'd flitch his own mother," ventured Jim, on whose brain the dipperful of whiskey was producing mixed results.

"Hold yer gab," said the backwoodsman, hoa.r.s.ely. "Listen!"

The orator turned full upon the district attorney and thundered: "Has it come to such a pa.s.s that a private citizen cannot make a tour of observation through this free country without being dragged before a court to answer trumped-up accusations as preposterous as they are malignant? What will become of your rights and mine? Will some prosecuting attorney arrest me on my way to Washington, because I have somewhere, at some time, expressed private opinions from which he dissents! I would like Mr. Daviess to tell us what the Const.i.tution means? Does it not insure to us all the right of habeas corpus?"

The outcome of the day's debate was a substantial victory for Burr, though a technical one for Daviess. The court adjourned to the following morning. Again the officers of the county, the jury, the lawyers, and the great concourse of citizens, a.s.sembled. The district attorney submitted his indictment and sent his evidence to the jury.

The jury heard witnesses and returned the presentment, "Not a true bill."

On hearing the foreman announce this decision, the partisans of Burr and his counsel broke out in tumultuous rejoicing. Hadley stood up on a bench and shouted:

"Three cheers for Aaron Burr; Hip, hip, hurrah!"

The judge could not or did not check the enthusiasm.

"Three and a tiger for Clay!" squeaked Old Jim, and the cheers were repeated.

Burr, escorted by his attorneys, made his way through the crowd, shaking hands right and left. On the sidewalk, near the court-house, the three gentlemen were accosted by the ghostly Solitarius.

"Awake from your dreams!" said the mild lunatic, in his peculiar, hollow, monotonous voice--and he rolled his overl.u.s.trous eyes upon Burr.

"Brethren, be not forgetful to entertain the stranger! I am that Solitarius, to whom this new gospel was revealed, by an angel of G.o.d, while I dwelt in a cell at the foot of the Alleghany Mountains, in the year of our Lord 1799."

Clay drew his client forward by the arm, but not before "Solly" had thrust into Burr's hand a copy of the "Millennial Prophecy."

"Awake from your dreams!" These repeated parting words of the crazy prophet stuck in Burr's memory.

The ordeal of a legal investigation had been endured, apparently without scath to the accused. The grand jury, not satisfied with acquitting Burr, pressed upon him a written declaration, signed by every member, exonerating him completely. A public ball was given in his honor. Exulting in his triumph, he danced and made merry, admired by the chivalry and adored by the beauty of the choicest society in Frankfort and Lexington.

On the very day in which Daviess moved for a process to compel Burr's appearance before the Frankfort court, a woman clothed in black and closely veiled was granted an interview with the President of the United States, in his private office at Washington City. She came from Philadelphia, and appeared to have no acquaintance in the new capital on the Potomac. She declined to unveil her face or to impart her name.

"I am here to put into the hands of the President a written statement, accompanied by copies of letters and other doc.u.ments, revealing the secret plans of a conspirator, who, if not quickly arrested in his career of treason, will disrupt this Union and establish a rival government in the Southwest."

The President mechanically accepted the package handed him, and the mysterious woman left his apartment, re-entered her carriage, and ordered the driver to take the road back toward Philadelphia.