Before I had struggled clear of my horse, Shipley's hand was on my shoulder, and his hurried whisper in my ear.

"What shall we do? Will you surrender?"

Now, though I knew already that I had escaped with a flesh-wound from a spent bullet, I felt that I could not hope to make quick tracks that night. Certain reasons—wholly independent of personal convenience—made me loth to part with my saddle-bags; besides this, I own I shrank from the useless ignominy of being hunted down like a wild beast on the mountains. So I answered, rather impatiently:

"What the deuce would you have one do—with a dead horse and a lamed leg? Shift for yourself as well as you can."

Without another word I walked towards the party in our front, with an impulse I cannot now define; it could scarcely have been seriously aggressive, for a hunting-knife was my solitary weapon; but for one moment I was idiot enough to regret my lost revolver, I was traveling as a neutral and civilian, with no other object than my private ends; the slaughter of an American citizen, on his own ground, would have been simply murder, both by moral and martial law, and I heard afterwards that our Legation could not have interfered to prevent condign punishment. But reason is dumb sometimes, when the instincts of the "old Adam" are speaking. I suppose I am not more truculent than my fellows; but since then, in all calmness and sincerity, I have thanked God for sparing me one strong temptation.

Before I had advanced ten paces the same voice challenged again.

"Stop where you are—if you come a step nearer, I'll shoot."

I was in no mood to listen to argument, much less to an absurd threat.

"You may shoot and be d——d," I said. "You've got the shooting all your own way to-night. I carry no fire-arms,"—and walked on.

Now, I record these words—conscious that they were thoroughly discreditable to the speaker—simply because I mentioned them in my examination before the Judge Advocate (after he had insisted on the point of verbal accuracy), and from his office emanated a paragraph, copied into all the Washington journals, stating that I had cursed my captors fluently. I affirm, on my honor, that this was the solitary imprecation that escaped me from first to last.

So I kept on advancing: they did not fire, and I don't suppose they would have done so, even if they had had time to reload. I soon got near enough to discern that among the three men there was not a trace of uniform; they were evidently farmers, and roughly dressed "at that." So I opened parley in no gentle terms, requiring their authority for what they had done, and promising that they should answer it, if there was such a thing as law in these parts.

"Well, if we ain't soldiers," the chief speaker said, "we're Home Guards, and that's the same thing here; we've as much authority as we want to back us out. Why didn't you stop, and tell us who you are, and where you're going?"

By this time I was cool enough to reflect, and act with a purpose. For my own, as well as for his sake, I was most anxious that Shipley should escape. I knew they would not find a scrap of compromising paper on me; but he was a perfect post-carrier of dangerous documents, and a marked man besides—altogether a suspicious companion for an innocent traveler. So I began to discuss several points with my captors in a much calmer tone—demonstrating that from the irregularity of their challenge we could not suppose it came from any regular picket—that there were many horse-thieves and marauders about, so that it behoved travelers to be cautious—that it would have been impossible to have explained our names, object, and destination in a breath, even if they had given more time for such reply: finally, making a virtue of necessity, I consented to accompany them to the regular out-post of Greenland, stipulating that I should have a horse to carry me and my saddle-bags; for my knee was still bleeding, and stiffening fast.

All this debate took ten minutes at least, during which time my captors seemed to have forgotten my companion's existence, though they must have seen his figure cross the open ground when they first fired. Long before we got back to the horses, Shipley had "vamosed" into the mountain, carrying his light luggage with him; only some blank, envelopes were lying about, evidently dropped in the hurry of removal.

I knelt down by Falcon's side, and lifted his head out of the dark red pool in which it lay. Even in the dim light I could see the broad, bright eye glazing: the death-pang came very soon; he was too weak to struggle; but a quick, convulsive shiver ran through all the lower limbs, and, with a sickening hoarse gurgle in the throat, the last breath was drawn.

My good, stout, patient horse! Few and evil were the days of his pilgrimage with me; but we had begun to know and like each other well. I cannot remember to have borne a heavier heart, than when I turned away from his corpse, half shrouded in a winding-sheet of drifting snow-flakes—seeing nothing certain in my own future, save frustrated projects and exhausted resources.

I threw my saddle-bags across Shipley's saddle, and rode slowly down, three miles, into Greenland. The filly's head drooped wearily, as she faltered on through the half-frozen mud and water; but no one guessed, till daylight broke, that she had then got her death-wound.

When we reached the hovel that was the headquarters of the detachment, only two or three soldiers were lounging around the fire; but the news of a capture roused most of the sleepers, and the low, dim room was soon filled, suffocatingly, with a squalid crowd, in and out of uniform: prominent, in the midst, stood the long, lank, half-dressed figure of the lieutenant in command. Neither he nor his men were absolutely uncourteous, when they once recognized that I was not a Confederate spy, or a professional blockade-runner; but they were exultant, of course, and disposed to indulge in a rough jocularity, during the necessary inspection of my person and baggage.

The surgeon was a coarse edition of Maurice Quill; when he had examined my knee, and dressed it—not unskillfully—(the conical point of "the Sharp's" bullet had just reached the bone), he took great interest in the search of my saddle-bags; desiring to be informed of the precise cost of each article. When I declined to satisfy him, he became exceedingly witty—not to say sarcastic.

"Here's a mighty curious sort of a traveler, boys; as don't know what nothing costs that belongs to him, nor how he come by it," &c.

Now I was getting tired, and bored with the whole business, and stifled with the close atmosphere—laden with every graveolent horror; besides, I had not escaped from London "chaff" and Parisian persiflage, to be mocked by a wild Virginian. So I said, quite gravely:

"It's very simple; but I don't wonder it puzzles you. You have to pay, when you buy, out here, I dare say, I haven't paid for anything for twenty years. But, if I had known I was going to meet you, before I came away I would have—looked at the bills."

Perhaps my face did not look like jesting; anyhow, he took every word for earnest, and remained silent for some time; ruminating, I suppose, on the grand simplicity of such a system of commerce.

This occupied their attention for a considerable time; when a party did start in pursuit of my companion, under the guidance of Dolley—the man who had fired the last fatal shot—I reflected, with some satisfaction, that the fugitive had a long two hours' "law," The guard-room cleared gradually; and, before daybreak, I got some brief, broken rest—supine on the narrowest of benches, with my crossed arms for a pillow.

In spite of wound, and weariness, and discomfiture, I have spent a drearier time than the morning of that same Sunday. After the first awkward feeling had passed off, my captors showed themselves civil, and almost friendly, after their fashion. They were very like big school-boys—those honest Volunteers—prone to rough jokes and rude horse-play among themselves, which the commanding officer not only sanctioned, but personally mingled with: good-fellowship reigned supreme, to the utter subversion of dignity and discipline.

There were some lithe, active figures among them, well fitted for the long forced marches for which both the Northern and Southern infantry is renowned; and two or three raw-boned giants, topping six feet by some inches; but not one powerful or athletic frame: in many trials of strength, in wrist and arm, I did not come across one formidable muscle.

About three o'clock—the weather had become bright and almost warm before noon—I was lounging about on the bank of the trout-stream that ran past the door, with my guard at my shoulder, when I saw a group of several figures approaching. When they came nearer, one man lifted his cap on his bayonet's point, and the others shouted. I could not catch the words; but I guessed the truth: they had run down Shipley, after all. He was so utterly exhausted, both in mind and body, when first brought in, that he could hardly speak: he was not of a hardy constitution, and he had undergone fatigue enough—to say nothing of the fearful weather—to have broken down a more practiced pedestrian. Dolley's party were not the actual captors, though they were hard on the fugitive's trail; another squad, sent to search for some Confederates supposed to be hidden in the neighborhood, had come upon some tracks in the snow, leading to a farm-house, and there discovered my unhappy guide, sleeping the sleep of exhaustion. This was twelve miles from the spot where we parted, and he had struggled on till strength would carry him no further.

The lieutenant's face grew longer than Nature had left it, as he perused, one after another, the documents found on Shipley. Though his demeanor towards myself remained quite amicable, it was clear that he judged me, to a certain extent, by my associations; and his simple joviality was somewhat clouded by an uneasy sense of responsibility. Nevertheless, the evening passed quickly enough round the guard-room fire; the men sang some simple chants, and the deep, rough voices sounded not unmusically. Once more, I preferred a single plank to the nameless abominations of the bunks, above and below stairs; and consequently awoke with aching bones, but flesh intact.

The next morning we bade farewell to the Greenland detachment, in no unkindness. I was really sorry when I read in the papers, a month later, of their capture by Imboden's division, after an obstinate defense in the church, which was burned over their heads before the survivors would surrender.

New Creek, the headquarters of Colonel Mulligan's brigade, was our destination. We had a sufficient escort, and besides, the valiant Dolley accompanied us, in the character of chief witness, as well as chief captor. His "get up" was very remarkable, consisting of a pair of brown overalls, an old blue uniform coat, about three sizes too small for him, and the very tallest black hat, that, as I think, I ever beheld. Slight as my wound was, it had quite crippled me for the time; a farmer, however, for a moderate consideration, found me a pony that saved my legs, at much peril to its own: for it stumbled miraculously often. Shipley began by walking, but was glad to avail himself of a chance animal half way. Dolley and two of his friends were mounted; the soldiers kept pace with us gallantly on foot.

When we started, I bore no sort of malice to that same Dolley; but, before we had got through the twenty-three miles that brought us to New Creek, I hated him intensely, as one hates the man—friend or foe—that bores you to death's door. That he should be puffed up with vainglory, was neither unlikely nor unreasonable. His own shots were the only ones he had ever seen fired in anger. It was natural, too, that he should over-estimate the importance of his capture; he had suffered from the war, in purse, if not in person, and had lost two sons in the Northern army from disease, one of whom had been imprisoned for six months by the Confederates. After his first excitement had passed away, he bore himself not unkindly towards me; though, at Greenland, he did greatly bewail the darkness that had caused him to take a costly life instead of a worthless one; Falcon would have fetched five hundred dollars in those parts; even at my own valuation, I could not have been appraised so highly. So I listened to him twice or thrice with great patience, while he told how well he had deserved of his country; but, when he persisted in repeating the same tale, not only to me, but to every creature he encountered, the iteration became simply "damnable." He spoke of his dead sons in the same pompous tones of self-exultation with which he reckoned all other items standing to the credit side of his patriotism. Fortunately for my equanimity, I was not present when he told his own tale at New Creek; it must have been a grand romance of history.

Yet my poor Dolley made a bad night's work of it after all. His three days' fame in local papers cost him dear. Immediately on getting out of prison, I heard—not without a savage satisfaction—that Imboden's horsemen had harried his homestead thoroughly in their last raid; Dolley only saving his life by "running like a hare." The Southerners know everything that goes on near their lines, and are wonderfully regular in settling scores with any registered debtor.

At New Creek I was confronted with Colonel Mulligan. His attire was anything but military; black overalls crammed into high butcher boots, a Garibaldi shirt of the brightest emerald green; but his bearing was unmistakably that of a soldier and gentleman. He treated me with the utmost courtesy. I also met with no small kindness from the adjutant of the artillery corps, an old Crimean. Unluckily, Colonel Mulligan could not deal with my case, so, after a brief examination, and liberal refreshment, Shipley and myself were forwarded by rail to Wheeling, two hundred miles further west, where the district Provost Marshal was stationed.

We reached Wheeling in the early morning, and there were indulged with a most welcome bath, and breakfast. Soon afterwards we stood in the presence of the Provost Marshal, Major Darr.

The figure of this functionary certainly resembles, in its square obesity, that of the great Emperor in his latter days. Possibly for this reason, Major Darr affects a Napoleonic curtness and decision of speech. Nevertheless, he was amenable to reason, and on my agreeing to pay the expenses of an escort, consented to forward me to Baltimore, to be identified. Shipley was committed at once to the military prison.

It was a long, weary journey of twenty-three hours, and I was so harassed by want of sleep, that I scarcely appreciated some really fine scenery on the Laurel and Chestnut ranges. We reached Baltimore about three, A. M., and I dispatched two notes immediately, one to the British Consul, another to my most intimate acquaintance in the city.

Both came down without delay, proffering all possible assistance. I had a regular levee before my guards conveyed me to the office of the Chief of Gen. Schenck's staff, to whose mercies I was consigned. Colonel Cheesebrough was civil enough; but, in his turn, professed himself unable to deal with my case, and referred it to the General. CÆsar was not less dilatory than Felix. I never saw the potentate before whose nod Baltimore trembles (he was unwell, I believe, or unusually sulky), but I underwent a lengthened interrogatory at the mouth of a very young and girlish-looking aide-de-camp. In the midst of this, rather an absurd incident occurred. General Schenck's headquarters are at the Eutaw House. The fair daughter of a house at which I had been very intimate—was to be married that same day, and at that same house the bridegroom's party were staying. Suddenly, through an opening door, two or three of these my friends debouched upon the scene. They had not heard one word of my misadventures, so that they were naturally rather surprised at finding me there, in such company. I really think that the sympathy lavished upon me in that brief interview was not so refreshing as the palpable discomfort of the unhappy aide, under a galling glance-fire maintained by Southern eyes, not careful to dissemble their hatred and scorn.

I was so perfectly used to being ballotte by this time, that it did not in anywise surprise me, to hear that I was to be sent down to Washington, to be examined by the Judge-Advocate-General. There was so much delay in making out commitment papers that we lost the afternoon train. No other started before eight, P. M., so that, by the time we reached Washington, all offices would have been closed, and we must have spent the night in the Central Guard-house. I had heard enough of the foul abominations of that refuge for the imprisoned destitute, to make me determined never to cross the threshold unless under actual coercion. I said as much to the cavalry sergeant who had me in charge; suggesting that, by taking the four A. M. train on the following morning, we should arrive hours before the Provost Marshal's or Judge Advocate's offices were open. He was civilly rational about the whole question, and, on my parole not to attempt escape, readily consented to accompany me to a house, where I was more at home than anywhere else in Baltimore. There I remained till long after midnight: though none of us were in the best of spirits or tempers, that brief return to social life was an indescribable rest and restorative. I mention this unimportant incident chiefly because one of the charges brought against me afterwards was founded on "my having bribed my escort, and spent the whole night at the house of a notorious Secessionist." The poor sergeant was reduced to the ranks for dereliction of duty; and I the more regret this, because his good-nature was not mercenary.

We reached Washington about six, A. M. No offices were open before nine. I employed the interval, partly in breakfasting with what appetite I might, partly in a visit to Percy Anderson, whose slumbers I was compelled to break by the most disagreeable of all morning apparitions—a friend in trouble. I could only just stay long enough to receive condolences, and promises of all possible assistance—private or diplomatic; then I betook myself to the Provost Marshal's office, which I did not enter; thence to that of the Judge-Advocate-General.

I look back upon that interview with feelings of unmitigated self-contempt, I confess to have been utterly deluded by that sleek official's sham bonhommie; so that when he prayed me to be frank and explicit—"Anything that you say, I shall receive with perfect confidence," &c., &c.,—I did strive, to the best of my powers, to forget no important incident or word relative to my conduct since I landed in America; only making reservations where confession might implicate others. An artless boy might easily have been gulled by the portly presence, the unctuous voice, and eyes that twinkled merrily through gold-rimmed glasses; but no man of mature age can remember such a gross mistake without a hot flush of shame.

I have little cause to love the Federal Government; but I bear no grudge against any individual Unionist with the solitary exception of the Judge-Advocate, simply because to him alone can I trace deliberately unfair dealing and intentional discourtesy. While I was in prison I sent him two letters, at long intervals; though I again committed a gross error, in addressing him as one gentleman would write to another, I cannot think this wholly excuses his coolly ignoring both communications. On the 21st of May, Major Turner's duty brought him to Carroll place, and he remained there two full hours: the superintendent, who had conferred with the prison surgeon on the state of my health, pressed him strongly to see me. The Judge-Advocate refused, on the ground that the case was already decided, and would be settled in a day or so, at furthest; that same afternoon he departed on a fortnight's leave, knowing right well that no steps could be taken in the matter till his return. Officials are justified, I suppose, in avoiding all waste of time or trouble; perhaps it was more simple to lie to a subordinate than to risk the short discussion that an interview would have involved. I cannot guess at the especial reason which caused me to be honored by Major Turner's enmity; certain it is that he was not neutral or indifferent with regard to my case, but exerted himself very successfully to thwart any measures tending to its decision or adjustment.

During the latter days of my imprisonment, I indulged more than once in a day-dream, not the less pleasant because it is wildly improbable. Should the changes and chances of this mortal life ever bring me face to face with that jovial Judge, on any neutral ground, by my faith and honor I will say in his ear five short words not hard to understand. On the steps of Carroll place, when the door opened to set me free, I sent Major Turner a message much to this effect. I devoutly hope it was delivered with the "verbal accuracy" of which he is so remarkably fond.

At the conclusion of the long examination, the Judge-Advocate left me for a short time to obtain instructions—possibly a warrant—from Secretary Stanton; on his return he told me that nothing could be decided until Shipley's case had been inquired into; he assured me that the latter should be telegraphed for at once from Wheeling; and so, with the pleasantest of smiles, and a jest on his lips, handed me over to Colonel Baker, who was already in waiting. This official's overt functions are those of a District Provost Marshal—in reality, he is the Chief of Secret Police. There are legions of stories abroad, imputing to him the grossest oppression and venality; even strong Unionists shake their heads disparagingly, at the mention of his name.

But of Colonel Baker, from my own knowledge, I can say nothing: I simply passed through his office to the Old Capitol; nor do I know that he in anywise influenced my after fortunes.

It appeared that my quarters were to be, not in the main building of the prison, but in a sort of dependÄnce, a couple of hundred yards off, called Carroll place; thither I was at once removed, after a brief consultation with the officer on guard.

Mr. Wood, the head Superintendent, soon came to welcome the new arrival, and in his first sentence gave me a specimen of the brusquerie of address for which he has acquired a certain notoriety.

"Mr. ——," he said, "I'm always glad to see your countrymen here. My father was an Englishman; but I've no sympathy with England. I was born and bred a plebeian, sir."

As I felt no particular interest in Mr. Wood's proclivities or proletarianism, I simply shrugged my shoulders, and turned away without a reply. But when, on his first visit to my room, two days later, he repeated exactly the same formula, without variation of a syllable, I thought it better to assure him that the iteration was absolutely unnecessary, inasmuch as I had believed him on both points easily from the first. He was not at all disconcerted or offended, only we heard him mutter to his subordinate, when they got outside our door:

"That's a pretty d——d high-handed sort of a chap, anyhow."

After half an hour's waiting, I was conducted to a room on the third story, No. 20, and in a few minutes experienced that great rarity of a "fresh sensation," finding myself—for the very first time in my life—fairly under lock and key.

I had been so "harried" of late, that I felt a certain relief in being settled somewhere. The rest of the afternoon and evening was spent in making acquaintance with the Baltimorean blockade-runner, my room-mate, and in exchanging dreary prison civilities with the cells either side, through little tunnels pierced in the wall by former prisoners, which allowed passage to anything of a calibre not exceeding that of a rolled newspaper. A deep, narrow trough, ingeniously excavated in a pine-splinter, enabled us to pledge each other in mutual libations, devoted to our better luck and speedy release. The neighbors, with whom I chiefly held commune, were an Episcopal clergyman and a captain in the Confederate army. Of these, more hereafter. I breathed more freely when the temporary absence of my room-mate, for exercise, left me alone—for the first time since my capture—with my saddle-bags. They had been in Northern custody for four days, and subjected to the severest scrutiny: nevertheless, they still held certain documents that I was right glad to see vanish in the red heat of a fierce log fire.