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requests not that I have the least doubt of his guilt, for I believe him to be the most precious compound of duplicity and villany that I have seen in the settlement, but I would grant it on the principle of allowing every man the best means to establish his innocence, when his life is at stake. Yet, concurring with Mr. Selden, I think we had better adopt one of the ordinary modes of punishment, for which the evidence is abundantly sufficient, administer it on the spot, and dismiss him with the admonition it will give. What this punishment shall be, I will leave to you to designate."

"I should like to have the title of my farm confirmed," said Smith, "seeing the Yorkers still continue to dispute it, and as the Beech-seal is a sort of legal instrument to do it with, they say, I vote that we apply it."

"Just the thing for the double-faced scoundrel, if we have got to let him off so cheap," bluntly remarked Brown.

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My title to my head," said Pete Jones, "seems to be rather questioned, and as it is an article that would be dreadful inconvenient for me to be without, I motion that it be confirmed too.”

"So be it, then," observed Selden; "I had, it is true, thought of a ducking, that he might be enabled to sympathize with his friends over the lake - I also had thought of taking him up into the top of one of these trees, and leaving him bound there for the night; but neither of these punishments, probably, would so nearly come up to the fellow's merits as the beechen remedy. I will therefore agree to its application."

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The prisoner's doom being thus unanimously settled, preparations were immediately commenced for carrying the sentence into effect. This was understood to be, in the quaint phrase of the times, a chastisement with the twigs of the wilderness," or the usual number of stripes, forty, save one, faithfully applied to the back of the offender with a green beech rod, termed, as before mentioned, the Beech-seal. Several rods, or shoots of that thus oddly 'consecrated tree, were accordingly selected, cut, and carefully trimmed for the purpose. The prisoner was then, in despite of his alternate threats, and promises of good behavior in future, stripped of his coat, and firmly bound to the body of a large hemlock, with his face turned to the tree. Every thing being now in readiness for the execution of the sentence, the question arose who should be the executioner. For this honor two rival candidates now presented themselves - Brown and Pete Jones - the former claiming it on the ground that no one of the present company had received injuries that so loudly

demanded a personal reciprocation as his own, and the latter, with the greatest apparent gravity, contending that it was his peculiar right to do the duty of punishing the fellow for the unpardonable crime of missing his aim, since the shot was intended for his own benefit.

The altercation, however, was settled by the interposition of their leader, who good naturedly awarded a division of the honors between them, directing that the first twenty stripes should be given by Jones, while Brown should be allowed the privilege of completing the task.

In accordance with this arrangement, the tall woodsman now seized a rod of his own preparing, of dimensions fearfully portentous to the back of the trembling culprit, and giving it a furious flourish in the air, he commenced, with a look of terrible fierceness, the performance of his alotted task. But malice and revenge formed no part of the character of this jolly and good natured borderer. The manner in which the blows were given, and the comparatively slight effect they produced on their victim, made it very evident, that, notwithstanding all his assumed wrath and fury of countenance and manner, his humanity, combined with a natural love of sport, which had doubtless led him to solicit the office, was about to govern him in its execution.

"Well, here is my respects to you, friend," he said, commencing and keeping up a sort of loose, irregular discourse, and counting the blows in a parenthetical tone, as with mighty grins and flourishes, he proceeded to apply the typical beech; "there is my respects to you, (one) miss your aim again, you lubber, eh? (two) I told you that you should n't disgrace the cloth for nothing, (three) and then (four) those kicks, (five) I thought at the time (six) that you was kicking against the pricks, (seven, eight) so here is two pricks to every kick, (eight, nine) scurvy business that of you, friend, (nine, ten) that kicking against the trees, (eleven, twelve) you did n't consider (seven no, eleven) what a hurry I was in, (twelve, thirteen) and then again that offering me money, zounds, sir! (thirteen, fourteen) I should like (fourteen) to know, sir

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"There! there!" hastily exclaimed the prisoner, who had not been so much hurt amidst all this parade of cuts and flourishes as to prevent his taking note of the true number of the stripes which had been administered, and which the mischief-loving woodsman had wilfully miscounted; "hold-you have already struck twenty hold! I say."

"You don't say so?" replied Jones, with affected surprise, as

he slowly lowered his uplifted arm; "why I thought I said fourteen only fourteen last!"

"I care not if you did, sir," expostulated the prisoner, now bold from the consciousness of having at last a little truth on his side;" you miscounted on purpose to prolong my torture — I appeal to the company― you have gone your twenty, I tell you, ruffian !"

“Have! well, friend, just as you say, not as I care.

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So saying, the eccentric, but kind-hearted woodsman, hurled his rod into the lake, and bounding off into the woods, with the pretended object of procuring some better rods for the use of his successor, but, in reality, only to avoid the sight and sounds which, from the determined character and exasperated feelings of the man, he rightly anticipated would now follow, disappeared, with a finger thrust into each ear, in a neighboring thicket.

The flagellation was now resumed. And never was rod more effectually applied to the deserving back of a miscreant spy or traitor than now by the sinewy arm of Brown, doubly nerved as it was by the keen sense he harbored of the injuries he had already received from the hands of those with whom the present victim of his pent vengeance had been found leagued, to assist in dragging him to a gallows, and thus completing, on his person, that work of destruction which they had before commenced on his property. With a pause at every application of the rod, that no energy should be lost or weakened by the exertion, slow and measured fell the tremendous blows from his relentless arm, till he had told out the full number assigned him; while at every lash of the pliant and close hugging instrument of torture, the writhing victim sent forth a screech of agony that thrilled through the forest for miles around him.

This painful task being performed - for painful it was to most of the band, while the stern necessity that required it was sincerely regretted by them all the prisoner was unbound, and with an earnest but kind admonition from Warrington to profit by the lesson he had received, set at liberty; when, muttering many a bitter execration, and breathing vows of deadliest revenge on his captors, he sullenly departed from the camp, and soon disappeared along the border of the lake in a northern direction.

CHAPTER IV.

"That strain again! it had a dying fall!
Oh, it came o'er my ear like the sweet south
That breathes upon a bank of violets,
Stealing and giving odor."

AFTER the departure of Sherwood, our band, not deeming it prudent, without precautions which must necessarily deprive most of them of their rest for the night, to encamp so near an exasperated enemy of double their own numbers, determined on an immediate removal from the scene of their recent exploits. Accordingly they packed up, and, without further delay, commenced their march by the beautiful moonlight, which, streaming brightly through the leafless forest, enabled them to pursue their way with as much ease and certainty as by the broadest day light. Striking off westerly from the lake they directed their course to the nearest part of Otter Creek, where they proposed procuring quarters for the remainder of the night in the log houses of the only two families who resided on the Creek in that vicinity. These two houses were situated nearly a mile apart, while the respective openings around them were separated by a dense wood of evergreens of about half that distance in extent. After proceeding on together awhile, the company separated into two parties, three of them bending their course towards the lowest, or more northerly opening, where they were to remain till joined in the morning by their leader, to conduct them on their enterprise down the Creek; while the latter, with Selden, taking their venison and a goodly portion of their trout, continued forward directly to the upper clearing. This last was no other than the residence of the fair and spirited friend, whose timely notice had not only ensured their late escape, but enabled them to gain such triumphant advantages over their foes. And it was this friendly and patriotic act which they were now proceeding to reward, not only with suitable acknowledgement, but with the most valuable portion of their game- an offering that they supposed would be highly acceptable to one in her situation: for this extraordinary

woman,* with no other dependence than on her own hands, with the slight assistance rendered her by her boys, the eldest of whom was not a dozen years old, was managing to support herself and her large family of children from the products of a new lot of land, which her husband had commenced clearing when he lost his life by the fall of a tree, and which she now with unexampled fortitude persisted in improving, though in the heart of a wilderness infested with wild beasts, and not wholly exempt from the hostile, or at least predatory incursions of the Indians. It was nearly midnight when Warrington and his companion reached the log tenement of this fearless daughter of the wilds. Much to their surprise they found the house entirely deserted. Finding the door unfastened, however, they determined on entering to note appearances within; when it became evident that the desertion had taken place but a few hours before; but whether it was intended for a temporary, or final removal, they were unable to determine. A bed of coals, yet alive, was raked up on the hearth; while the beds had been taken from the steads, and, with all the most necessary utensils of family use, removed from the house.

"What means this sudden desertion of the family?" observed Warrington, musingly; "and whither can they have fled?”

"To their neighbor's, down the Creek, probably," replied Selden; "the movement has been made, I should conjecture, in anticipation of the return of Munroe and his party, from whose visit to-night, a lone woman, like this widow, would doubtless wish to be excused."

"It may be so,” rejoined the other; "but to quit her home from any of the motives which you suggest would be very little like widow Story; there are few men in the settlement who can handle not only axe, but rifle, with more effect, though woman she be. And as for fear, it is a sensation with which, I verily believe, she is utterly unacquainted. But whatever may have become of the occupants of the house, we may as well, now we are here, make free and remain for the night."

"It will be considered no intrusion, I suppose?" enquiringly said Selden; "I have not the honor of an acquaintance with your heroine, you will bear in mind.”

"Intrusion? not in the least; for you must know that we are

* An old settler, to whom Mrs. Story and her cave were personally known, described her to the author as "a busting great woman, who would cut off a two foot log as quick as any man in the settlement."

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