The nation held its breath and Fitzgerald waited in the packed courtroom until the verdict was announced. On hearing it, Wendell made his way through the stunned and angry crowds. He walked first to the offices of the military provost and then at once to the St. Charles. Wendell went upstairs and into the bright front room where Philip had been moved.
Nolan was propped up in bed, and Lorina sat by the window reading aloud from The Age of Reason by Thomas Paine.
“Ah,” Nolan said. “The second most hated man in Richmond.”
“Perhaps the third. How is your patient, Lorina?”
“Not as well or as charming as he thinks.”
Nolan studied his friend. “What news, Wendell?”
Fitzgerald sat down and tapped his fingers on the table. “Aaron Burr has been acquitted.”
Nolan made no attempt to hide his delight. Lorina put down the book and went to his side.
“He is free?” Alden asked.
Wendell nodded. “He walked out of the courtroom. They may charge him on misdemeanors relating to filibuster—I think they will—but he has escaped the noose.”
Nolan squeezed Lorina’s hand. “And when I can walk, we will dance out of Richmond.”
Fitzgerald alone was not smiling.
“What is the matter?” Alden asked.
“It has been decided the military trials will continue.” Fitzgerald walked to the window. “Feeling runs particularly high against you, Philip, following the death of Colonel Bell.”
“I would dig him up and shoot him again.”
“He would still be a nephew of Patrick Henry. And that has not helped your case.”
Lorina paced the room. “How is it that Burr is found not guilty when he intended to set himself up as dictator?”
“No one is sure anymore what Burr set out to do. His followers are at each other’s throats. Wilkinson made a fool of himself trying to keep his own skirts clean. That the general gave false testimony is obvious. His credibility is blown, and he may face his own trial.”
“Then his charges against me are valueless,” Nolan said firmly.
“Normally, they would be. But Wilkinson’s duplicity has cast doubt on the loyalty of the entire Army. President Jefferson has spent several hundred thousand on this trial. He intends to make an example. He must. The case against Burr has miscarried so badly that the prosecution will now proceed with great caution. Perhaps even incrementally.” Wendell looked at Nolan. “They are very likely to start with you, Philip.”
Lorina frowned. “Why?”
“A case against a junior officer would involve a more straightforward application of the law. Military law.”
“Because of Wilkinson? Philip is one man—not the Army,” Alden said.
“He is a serving officer.”
Nolan’s face darkened. “So I am a symbol.”
Below the window, a cart passed and a vendor shouted. Fitzgerald turned, the sun on his broad shoulders. “The provost informs me that if you plead guilty to a charge of manslaughter regarding Colonel Bell, the military court will drop the specifications of desertion and sedition against you.”
“Manslaughter?” cried Nolan. “It was an affair of honor.”
“Honor, my friend, is going out of fashion.”
“So this is their bargain? I am to plead guilty for being a gentleman? Half the men of the court have fought duels before me. They are a mumping great set of hypocrites.”
“The law does not blush at hypocrisy, friend. They mean to have something, someone, after this. Burr’s acquittal has brought them to a perfect boil.”
“Let them stew, damn them.”
Lorina shook her head. “This has been a wicked farce. Is Philip to make himself a sacrifice for Mister Jefferson’s grudge? What could be more low?”
“Philip, I know you to be brave, even fearless,” Wendell said. “But choose your course carefully. Burr is acquitted, but the government believes that he intended not only to start a war, but also to separate the western territory from the union.”
“They proved none of that.”
“But it is widely believed.”
“I do not believe it.” Nolan’s face twisted and he winced as he drew breath. “I volunteered to lead a battery against the Spanish, not make Burr a dictator.”
“I am sure of that,” Fitzgerald said. “But all of the evidence gathered against Burr will now be brought to bear against you. As your attorney—” Nolan started to say something that was likely to be indelicate, and Wendell cut him off. “—as your advocate, I urge you to consider the offer. There are some members of the court, particularly Colonel Morgan, who have told me in confidence that they find you a brave and likeable officer.”
“But consider me guilty.”
“They will likely take your commission, Philip. Be careful lest they take your life.”
IN THE EVENING THE PORTER ANNOUNCED THAT NOLAN HAD A CALLER IN THE public rooms. A pair of footmen helped Nolan negotiate the stairs and brought him into the alcove at the back of the main floor. Lorina was there. In the moonlight outside the bowed windows Nolan could see a hired carriage—a four-in-hand with its lamps lighted.
Lorina helped him into a chair and called for two pints of sherry.
“You are risking tattle, madam,” Nolan smiled.
“So I am,” she said. The wine was put before them. “I hope you will allow me to speak as your friend.”
“Of course.”
“You may not take to what I have to say, but I want you to deliberate upon it. I want very much to persuade you, but I do not want to be considered a scold.”
“Never in life,” Nolan said.
“The newspapers came today from Washington filled with lurid ravings. The administration is incensed at Burr’s release, and Mister Jefferson’s partisans are in full bay—”
Nolan’s ribs creaked as he drew a laborious breath. “Damn them. I am not to be convicted by the president’s editors.”
“You are not. But there was much grumbling today in the market and on the streets. Burr’s acquittal has enraged the larger portion of the town, both above and below Broad Street.” Nolan started to say something, but Lorina touched his hand. “Please, hear me. I know that you do not care a fig about politics and consider the practitioners as less than, well, as diminished beings, but I must mention to you that today I heard four different speakers, members of the House of Delegates, agitating about the failure to punish Burr.”
“No one knows what Burr intended—least of all the government, for they have failed in all their proceedings.”
“And Burr is hated all the more for it. He has had the good sense to leave town.”
Nolan leaned back in his chair and frowned.
“Colonel Bell’s partisans are putting it about that Burr’s true purposes were to raise troops to attack Washington City and arrest the Congress.”
“That is absurd,” Nolan scoffed.
“Some people believe it, Philip. Bell’s