"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 a.s.sured 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 circ.u.mstances, 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, pa.s.sing 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 a.s.sented, 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 circ.u.mstance against her; but it was not absolutely conclusive, for the circ.u.mstances 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 embarra.s.sing; and, while no one really doubted the ident.i.ty 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 pa.s.sed 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 pa.s.sively, 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 a.s.sume to belong to the ill.u.s.trious house which bears this appellation?"