"Quite so," Burlingame agreed with a smile, "now that I've shown ye the way. Besides, we want the rest of the Privie Journall as well as the estate, if not more so. Sowter knows his client's position is shaky — Smith's attempt to run away shows that — but he also knows there's some connection 'twixt me and the Cookes. He's not sure of his ground, particularly with regard to our vice and sedition charges, and methinks his only motive in defending Smith's claim is to give his man more bargaining power when the time comes to bargain."
Nicholson fumed and worried his stick. "Ye might have mentioned this ere we set up court, you know!"
" 'Twere premature," Burlingame declared. "We have got rid of the Colonel already, and 'twas quite within your rights to seize Cooke's Point for the nonce — well done, in fact."
"Thou'rt too gracious!"
"But you daren't hold the property for long on such a pretext, and you daren't release it by court order to either party. 'Tis hence I warned you to recess."
Nicholson wiped his brow. "Devil take all barristers and law-books! What a province I could have me without 'em! What do we do now?"
Burlingame shrugged. "What do all good barristers do when they have no case, sir? We settle out o' court!"
"Stay!" Ebenezer warned. "Here they are."
Richard Sowter and William Smith came in from the next room. The cooper did indeed look unsure of his ground, but his counsel was as breezy as ever.
"Did ye scare up some ink, Mister Clerk? Splendid! By St. Ludwig, 'twere a pity such eloquence as Mister Cooke's went unrecorded!"
The party around the table dispersed. Observing with some surprise that Anna had moved to the couch and was deep in conversation with Joan, Ebenezer returned with his father to his earlier place. So dispirited was Andrew by the progress of events that he offered no resistance when his son took his arm and directed him gently to a seat.
"By'r leave, Your Excellency," Sowter asked, "may I proceed with my statement?"
Burlingame, Ebenezer noticed, had been conferring in whispers with the Governor and Sir Thomas Lawrence. Now he sat back and winked at Ebenezer as if there was nothing at all to be concerned about!
"Ye may not," Nicholson grumbled.
Sowter's face clouded. "Your Excellency?"
"The Court will rule on thy client's claim some other time," the Governor said. "Just now I'm fetching the twain of ye to Anne Arundel jail. The charges are conspiracy, sedition, and high treason, and after what Tim Mitchell here hath told me, I quite expect to see ye hanged ere the year is out!"
The surprise brought even the sullen cooper to his feet. "Tim Mitchell!"
"Aye, gentlemen." Burlingame smiled. "Captain Billy's pride and pleasure, till his real son came along." His hands were busy as he spoke, and his appearance changed magically. Off came the powdered periwig, to be replaced by a short black hairpiece; from his mouth he removed a curious device which, it turned out, had held three artificial teeth in position. Most uncannily of all, he seemed able to alter at will the set of his facial muscles: the curve of his cheeks and the flare of his nose changed shape before their eyes; his habitually furrowed brow grew smooth, but crow's-feet appeared where before there were none. Finally, his voice deepened and coarsened; he drew in upon himself so as to seem at least two inches shorter; his eyes took on a craftier cast — Nicholas Lowe, in a few miraculous seconds, had become Timothy Mitchell.
" 'Sbody!" exclaimed Sir Thomas Lawrence, and the Governor himself — though one supposed he must have witnessed such transformations of his agent before — was moved to shake his head.
" 'Tis a page of Ovid!" Ebenezer marveled. The others made similar expressions of their awe — except Smith and Sowter, who were dumb struck.
"Now, Mister Smith," Burlingame said grimly, "methinks ye know what straits thou'rt in if I testify against ye — if ye do not, I give ye leave to consult Mister Sowter, that will keep ye company in jail for's misdemeanors."
The cooper seemed ready to do violence, but Sowter waved his hand resignedly.
"Ye quite agree we've dagged ye? Splendid! Then attend me closely: 'tis my intention to expose for prosecution the entire traffic in opium and whores, the which hath paid for all of John Coode's mischief and haply Baltimore's as well. Whoe'er hath had a finger in't" — he smiled at Andrew — "shall be brought to account, regardless of his station — "
"St. Louis's wig, man!" Sowter complained. "Jail us and have done with't, but spare us this pious gloating!"
"Patience, Dick." Henry raised his finger. " 'Tis but my preamble to a bargain. On the strength of my deposition His Excellency hath instructed Sir Thomas to proceed against Coode, Bill Mitchell, and every traitor of a whoremaster in his company — with the possible exception of yourselves."
Smith's eyes narrowed, and Sowter's expression became calculating as Burlingame offered to waive the charges against them in return for the cooper's portion of the Privie Journall, on whose verso was believed to be Coode's record of confiscations and prosecutions during his brief tenure of office. The cooper agreed at once to the exchange, but Sowter restrained him.
"Only think of the consequences, Bill!" he warned. "D'ye think we'll live out the month when John Coode learns ye've let go the papers? Besides, methinks His Excellency must set great store by 'em to make us such an offer; and What will fetch eleven pence, don't ye know, will as lightly fetch a shilling. ."
"Take 'em away, Sergeant," snapped Nicholson. "I'm sorry to disappoint ye, Henry, but I'll not dicker farther with traitors just to get your grandfather's diary."
"Stay!" Sowter cried at once. "We'll fetch ye the wretched papers! Only give us thy pledge in writing. ."
Nicholson shook his head. "I'm not such a fool."
"Welladay! Then this much, at least, sir: we'll have no profit in our bargain if John Coode murthers us; grant us safe conduct to Virginia, and ye may have the papers."
Again Burlingame conferred in whispers with the Governor and Sir Thomas.
"His Excellency advises me to authorize safe exit for ye," Henry declared, "but not as a term of our first agreement. We'll fetch ye out o' Maryland in the morning if Smith relinquishes all claim to this estate."
"God bless ye, sir!" Andrew cried.
" 'Sheart!" protested Sowter. "Ye'd bleed us dry!"
Nicholson grinned. "And 'twill not be Virginia we fetch ye to, either, but Pennsylvania. I've enemies enough in Virginia."
"What liars they are that call ye Papist!" William Smith exclaimed. "Thou'rt not even a proper Gentile!"
Sowter sighed. "We've no choice, Bill. Fetch the papers, and I'll draw up a conveyance."
The rest of the company cheered the news: Anna and Ebenezer embraced each other with relief; Andrew apologized stiffly to Burlingame and commended him for his strategy, as did Nicholson, Sir Thomas, and John McEvoy; Roxanne and Henrietta looked on approvingly. Only Joan Toast remained apathetic, and the sight of her blighted Ebenezer's joy.
The cooper left the room, under guard, and returned with a roll of yellowed papers, which Burlingame received eagerly. He and Sir Thomas made a cursory inspection of the verso and pronounced it sufficient evidence, when combined with the 1691 Assembly Journal, to institute proceedings against Coode and his associates. Then, while Sowter, Sir Thomas, and the Governor discussed the details of releasing Malden and ferrying the two men up the Bay to Pennsylvania, Burlingame took Ebenezer aside.
"D'ye recall the story I told ye on our way to Plymouth?" he asked excitedly. "How Sir Henry and Captain John were captured by Powhatan?"
Ebenezer smiled. "They struck some lewd bargain over the King's daughter, as I recall, but we ne'er learned the outcome of't. Is that the rest of the tale?"