CHAPTER THIRTY TWO.

  CIRCUMSTANTIAL EVIDENCE.

  "Now, sir," cried Sir Francis angrily, "have the goodness to explainwhat you were doing there."

  This was to Ike, who seemed stupid and confused. The excitement of thefight had roused him up for a few minutes; but as soon as that was overhe yawned very loudly, and when Sir Francis turned fiercely upon him andasked him that question he said aloud:

  "Eh?"

  "Answer me, you scoundrel!" cried Sir Francis. "You heard what I said."

  "Eh? Hah, yes. What had I been a-doing--heigh--ho--hum! Oh, howsleepy I am! What had I been a-doing here? What I been doing, MarsGrant?"

  "You were asleep," I said on being appealed to; and I spoke angrily, forI was smarting under the accusation and suspicion of being a thief.

  "Asleep!" cried Ike. "To be sure. That's it. Asleep I was under thebushes there. Dropped right off."

  "You repeat your lesson well," said Sir Francis. "Pray, go up to thehouse--to the library, you boys--you, sir, follow me."

  Courtenay and Philip went on in advance, Sir Francis followed, and wewere bringing up the rear when Ike exclaimed in remonstrance:

  "That ain't fair, master. You ought to sep'rate them two or a nyste bitof a tale they'll make up between them."

  "You insolent scoundrel!" roared Sir Francis.

  "All right, sir; scoundrel it is, just as you like. Wonder who'll tellthe truth, and who won't?"

  "Hold your tongue, Ike!" I said angrily.

  _Plop_!

  That strange sound was made by Ike, who struck his mouth with his handas if to stop it up and prevent more words coming.

  Meanwhile we were going up the garden, and came suddenly upon a spot offire which kept glowing and fading, and resolved itself into MrSolomon's evening pipe in the kitchen-garden middle walk.

  "Hallo! young gentlemen!" he exclaimed; and then, seeing his master:"Anything the matter, Sir Francis?"

  "Matter!" cried Sir Francis, who was in a great passion. "Why are you,my head gardener, not protecting my place with the idle scoundrels Ipay? Here am I and my sons obliged to turn out of an evening to keepthieves from the fruit."

  "Thieves! What thieves?" cried Mr Solomon. "Why, Isaac, what are youdoing here?"

  "Me!" said Ike. "Don't quite know. Thought I'd been having a nap. Themaster says I've been stealing o' pears."

  "Silence!" cried Sir Francis. "You, Brownsmith, see that those twofellows come straight up to the library. I hold you answerable fortheir appearance."

  Sir Francis went on first and we followed, to find ourselves, about tenminutes later, in the big library, with Sir Francis seated behind alarge table, and a lamp and some silver candlesticks on table andmantel-piece, trying to make the gloomy room light.

  They did not succeed, but there was light enough to show Courtenay andPhilip all the better for running up to their rooms and getting a washand brush, while I was ragged, dirty and torn, bruised and bleeding, forI could not keep my nose from giving forth tokens of the fierce fight.

  Courtenay was not perfect, though, for his mouth looked puffy and hiseyes were swelling up in a curious way that seemed to promise to reducethem to a couple of slits.

  I glanced at Mr Solomon, and saw that he was looking very anxious, andas our eyes met his lips moved, and he seemed to be saying to me: "Howcould you do such a disgraceful thing?" but I smiled at him and lookedhim full in the eyes without flinching, and he appeared to be morecheerful directly.

  "Attention!" cried Sir Francis as if he were drilling his men; but therewas no more fierceness. The officer and angry master had given place tothe magistrate, and he cleared his throat and proceeded to try the case.

  There was a little shuffling about, and Philip whispered to Courtenay.

  "Silence!" cried Sir Francis. "Now, Courtenay, you are the elder: tellme what you were doing down the garden."

  "We were up by the big conservatory door, papa," said Courtenayboldly--"Phil and I--and we were talking together about getting somebait for fishing, when all at once there came a whistle from down thegarden, and directly after some one seemed to answer it; and then,sir--`what's that?' said `Phil,' and I knew directly."

  "How did you know?" cried Sir Francis.

  "Well, I guessed it, sir, and I said it was someone after the fruit; andI asked Phil if he'd come with me and watch and see who it was."

  "And he did?"

  "Yes, sir; and we went down the garden and couldn't hear or seeanything, and we went right to the bottom, and as we were coming back weheard the pear-trees being shaken."

  "How did you know it was the pear-trees, sir?--it was dark."

  "It sounded like pear-trees, sir, and you could hear the big pearstumbling on the ground."

  "Well, sir?"

  Courtenay spoke out boldly and well. He did not hesitate in the least;and I could not help feeling what a ragged dejected-looking object Iseemed, and how much appearances were against me.

  "I said to Phil that we ought to try and catch the thieves, and he saidwe would, so we crept up and charged them, and I had this boy, and Isuppose Phil brought that man, but it was so dark I could not see whathe did."

  "Well, sir?"

  "Well, papa, this boy knocked me about shamefully, and called me allsorts of names."

  "And you knocked him about too, I suppose?" said Sir Francis.

  "Yes, I suppose I did, sir. He hurt me, and I was in a passion."

  "Now, Philip, what have you to say?"

  Philip looked uneasy as he glanced at his brother and then at SirFrancis.

  "Well, go on, sir."

  "We were up by the big con--"

  "Yes, yes, we have heard all about that," cried Sir Francis.

  "Yes, pa; and we heard whistles, and Courtenay said, `What's that?'"

  "I thought it was you said `What's that?'"

  "No, pa, it was Courtenay," cried the boy quickly: "he said it. Andthen I wanted to go down and catch the thieves, and Courtenay came too,and we could hear them shaking down the pears. Then I went one way andCourtenay went the other, and I saw that new labourer--that man--"

  "Fine eyes for his age," said Ike in a low growl.

  "How dare you speak, sir, till you are called upon for your defence!"cried Sir Francis.

  "Oh, all right, your worship!" growled Ike. "On'y you know how dark itweer."

  "Silence, man!"

  _Plop_!

  That was Ike's hand over his mouth again to enforce silence.

  "Go on, Philip," said Sir Francis quietly.

  "Yes, pa," cried the boy excitedly. "As soon as I saw that man shakingdown the big pears I ran at him to try and catch him."

  "You should ha' took off your cap, young un, and ketched me like abutterfly," growled Ike.

  "Will you be silent, sir!"

  _Plop_!

  "He struck me, then, in the chest, pa, and knocked me right down inamong the bushes."

  "No, he did not," I exclaimed indignantly; "it was I."

  "It was not; it was that man," cried Philip; and Ike burst out into ahearty laugh.

  "Am I to order you out of the room, sir?" cried Sir Francis, severely.

  "All right, your worship! No," cried Ike.

  _Plop_!

  "Now, Philip, go on."

  "Yes, pa. I'm not very strong, and he shook me and banged me about everso; but I was determined that I would not let him go, and held on tillwe heard you come; and then instead of trying to get away any more heturned round and began to drag me towards you, pretending that he hadcaught me, when I had caught him, you know."

  "Go and sit down," said Sir Francis. "You boys talk well."

  "Yes, papa, we are trying to tell you everything," said Philip.

  "Thank you," said Sir Francis, and then he turned to me and looked meall over.

  "Well, sir," he said, "your appearance and the evidence are very muchagainst you."

  "Yes, Sir Francis," I said; "very much indeed."

 
"Well, what have you to say?"

  I could not answer for some moments, for my feelings of indignation gotthe better of me, but at last I blurted out:

  "I went down the garden Sir Francis, to try and catch some moths."

  "With this, eh?" said Sir Francis picking up something from the floor,and placing my old dark lantern on the table.

  "Yes, Sir Francis," I said. "I am making a collection."

  "Where is it, then?"

  "Down at the cottage, Sir Francis."

  "Humph!" ejaculated Sir Francis. "Have you seen his collection,Brownsmith?"

  "Yes, Sir Francis; he has a great many--butterflies and moths."

  "Humph! Sugar the trees, eh?"

  "Yes, sir," I said quickly.

  "And do you know that he goes down the garden of a night?"

  "Yes, Sir Francis, often," said Mr Solomon.

  "Isn't it enough to tempt him to take the pears?"

  "No, Sir Francis," replied Mr Solomon boldly. "I might just as wellsay to you, `Isn't it enough to tempt him to take the grapes or thepeaches to trust him among them alone.'"

  "He did steal the peaches when he first came. I caught him at it,"cried Philip viciously.

  "No, you did not, young gentleman," said Mr Solomon sternly; "but I sawyou cut two bunches of grapes one evening--the Muscat of Alexandria--andtake them away."

  "Oh what a wicked story!" cried Philip, angrily.

  "Call it what you like, young gentleman," said Mr Solomon; "but it's afact. I meant to speak to Sir Francis, for I hate the choice fruit tobe touched till it's wanted for the house; but I said to myself he'sonly a schoolboy and he was tempted, and here are the young gentleman'snail scissors, Sir Francis, that he dropped in his hurry and leftbehind."

  As Mr Solomon spoke he handed a pair of pearl-handled scissors--a pairof those spring affairs with a tiny knife-blade in each handle--and inthe midst of a dead silence laid them on the table before Sir Francis.

  "Those are not mine," said Philip hastily.

  "Humph!" ejaculated Sir Francis, picking them up and examining them. "Ishall have to order you out of the room, man, if you make that noise,"he cried, as he turned to Ike.

  "I weer on'y laughin', your worship," said Ike.

  "Then leave off laughing, sir," continued Sir Francis, "and have thegoodness to tell me what you were doing down the garden. Were youcollecting moths with a dark lantern?"

  "Me, your honour! not I."

  "What were you doing, then?"

  "Well, your honour's worship, I was having a bit of a sleep--tired, yousee."

  "Oh!" exclaimed Sir Francis. "Now, look here, Grant, you knew that manwas down the garden."

  "Yes, Sir Francis."

  "And didn't you go to join him?"

  "Yes, Sir Francis."

  "To get a lot of my pears?"

  "No, Sir Francis."

  "Then why did you go?" he thundered.

  I was silent.

  "Do you hear, sir?"

  "Yes, Sir Francis."

  "Then speak, sir."

  I remained silent.

  "Will you tell me why you went down the garden to join that man?"

  I looked at poor Ike, and felt that if I spoke it would be to get himdischarged, so I preferred to remain silent, and said not a word.

  "Will you speak, sir?" cried Sir Francis, beating the table with hisfist.

  "I can't tell you, Sir Francis."

  "You mean you won't, sir?"

  "Yes, Sir Francis."

  "Why not tell the whole truth, Grant?" said Mr Solomon, reproachfully.

  "Because I can't, sir," I replied sadly.

  "Be silent, Brownsmith," cried Sir Francis fiercely.

  "He's too good a mate to tell," said Ike stoutly. "Here, I may as wellmake a clean breast of it, and here it is. I'm an old soldier, sir,and--well, theer, it got hold of me at dinner-time. 'Stead of havinganything to eat I had a lot to drink, having had some salt herrin' forbreakfast, and I suppose I took too much."

  "Herring, my man?"

  "No, your worship, beer; and I went to sleep down among the bushes.There, that's the honest truth, Mr Brownsmith's brother. Fact asfact."

  "I believe you, Ike," said Mr Solomon. "He's a very honest workman,Sir Francis."

  "Thank ye; I call that handsome, I do," said Ike.

  "Stop! this is getting very irregular," cried Sir Francis. "Now, Grant,once more. Did you not go down the garden thinking you would get someof those pears?"

  "No, Sir Francis."

  "To meet that man, and let him take them away?"

  "No, Sir Francis."

  "Do you mean to tell me, sir, that you did not go down to join thatman?"

  "I did go down to join him, Sir Francis," I replied. "I saw him asleepand tipsy in among the black currants and I left him there, and tookthis key to-night to wake him up and let him out by the gate in thewall."

  "Why not through the coach-yard?"

  "Because I was afraid he would meet Mr Solomon Brownsmith, and get intodisgrace for drinking."

  "Thankye, Mars Grant, thankye kindly," said Ike.

  "Silence!"

  _Plop_!

  "A nice tale?" said Sir Francis. "We are getting to the bottom of apretty state of things."

  Just then I saw Courtenay look at Philip as if he were uneasy. Then Iglanced at Sir Francis and saw him gnawing at his moustache.

  "Lookye here, sir," said Ike sturdily. "Is it likely as we two wouldtake the fruit? Why, we're always amongst it, and think no more of itthan if it was so much stones and dirt. We ain't thieves."

  "Look here," said Sir Francis, suddenly taking a tack in anotherdirection, "you own that you beat my son--my stepson," he addedcorrectively, "in that way?"

  "Yes, Sir Francis," I said, "I didn't know who he was in the dark."

  "You couldn't see him?"

  "Only just, Sir Francis; and I hit him as hard as I could."

  "And you, my man, do you own that you struck my other stepson as hard asyou could in the chest?"

  "No!" cried Ike fiercely; and to the surprise of all he threw off hisjacket and rolled up his shirt sleeve, displaying a great red-brown massof bone and muscle, and a mighty fist. "Lookye here, your worship. Seethere. Why, if I'd hit that boy with that there fist as hard as ever Icould, there wouldn't be no boy now, only a coroner's inquess. Bah! Iwonder at you, Sir Francis! There's none of my marks on him, only whereI gripped his arms. Take off your jacket, youngster, and show your pa."

  "How dare you!" cried Philip indignantly.

  "Take off your jacket, sir!" roared Sir Francis, and trembling andflushing, Philip did as he was told, and at a second bidding rolled uphis sleeves to show the marks of Ike's fingers plainly enough.

  Ike said nothing now, but uttered a low grunt.

  "He did hit me," cried Philip excitedly.

  "No; I hit you," I cried, "when I rushed at you first. I followed youafter I'd heard you scramble over the wall."

  "Oh!" cried Philip with an indignant look.

  "You heard them scramble over the wall?" said Sir Francis sharply.

  "Yes, Sir Francis. I think it was by the big keeping-pear that istrained horizontally--that large old tree, the last in the row."

  Sir Francis sat back in his chair for a few moments in silence; andCourtenay said to his brother in a whisper, but loud enough for everyoneto hear:

  "Did you ever hear anyone go on like that!"

  Sir Francis took no notice, but slowly rose from his seat, crossed theroom, opened the French window that looked out upon the lawn, and thensaid:

  "Hand me a candle, Brownsmith."

  The candle was placed in his hands, and he walked with it right out onto the lawn and then held it above his head.

  Then, walking back into the room, he took up another candlestick.

  "Let everyone stay as he is till I come back."

  "Do you mean us to stay here, papa--with these people?" said Courtenayhaughtily.

  Sir Francis
stopped short and looked at him sternly without speaking,making the boy blench. Then he turned away without a word, and followedby Mr Solomon bearing a lighted candle, which hardly flickered in thestill autumn evening, he went on down the garden.

  "Haw--haw--haw!" laughed Ike as soon as we were alone. "You're a pairo' nice uns--you are! But you're ketched this time," he added.

  "How dare you speak to us, sir!" cried Courtenay indignantly. "Holdyour tongue, sir!"

  "No use to hold it now," said Ike laughing. "I say, don't you feelwarm?"

  "Don't take any notice of the fellow, Court," cried Phil; "and as forpauper--"

  "You leave him to me," said Courtenay with a vindictive look. "I'llmake him remember telling his lies of me--yes, and of you too. He shallremember to-night as long as he lives, unless he asks our pardon, assoon as Sir Francis comes back and owns that it was he who was takingthe pears."

  I turned away from them and spoke to Ike, who was asking me about myhurts.

  "Oh! they're nothing," I said--"only a few scratches and bruises. Idon't mind them."

  The two boys were whispering eagerly together, and I heard Philip say:

  "Well, ask him; he'd do anything for money."

  "Look here," said Courtenay.

  I believe he was going to offer to bribe us; but just then there was thesound of voices in the garden and Sir Francis appeared directly after,candle in hand, closely followed by Mr Solomon, and both of themlooking very serious, though somehow it did not have the slightesteffect on me, for I was watching the faces of Courtenay and Philip.

  "Shut that window, Brownsmith," said Sir Francis, as he set down hiscandle and went back to his chair behind the table.

  Mr Solomon shut the window, and then came forward and set down hiscandle in turn.

  "Now," said Sir Francis, "we can finish this business, I think. Yousay, Grant, that you heard someone climb over the wall by the bigtrained pear-tree?"

  "I heard two people come over, sir, and one of them fell down, and, Ithink, broke a small tree or bush."

  "Yes," said Sir Francis, "a bush is broken, and someone has climbed overby that big pear-tree."

  "I digged that bit along that wall only yesterday," said Ike.

  "Be silent, sir," cried Sir Francis; "stop. Come forward; set a candledown on the floor, Brownsmith."

  It was done.

  "You, Isaac, hold up one of your feet--there, by the candle. No, no,man; I want to see the sole."

  Ike held up a foot as if he were a horse about to be shod, and growledout:

  "Fifteen and six, master, and warranted water-tights."

  "That will do, my man," said Sir Francis, frowning severely as if tohide a smile; and Ike put down his great boot and went softly back tohis place.

  "Now you, Grant," said Sir Francis.

  I walked boldly to the candle and held up my heavily-nailed gardenboots, so that Sir Francis could see the soles.

  "That will do, my lad," he said. "Now you, Courtenay, and you, Philip."

  They came forward half-puzzled, but I saw clearly enough Sir Francis'reasons, Ike's remark about the fresh digging having given me the clue.

  "That will do," said Sir Francis; and as the boys passed me to go backto their places I heard Philip utter a sigh of relief.

  "What time did you hear these people climb over the wall, Grant?" saidSir Francis.

  "I can't tell exactly, Sir Francis," I replied. "I think it must havebeen about eight o'clock."

  "What time is it now, Courtenay?" said Sir Francis. The lad clapped hishand to his pocket, but his watch was not there.

  "I've left it in the bed-room," he said hastily; and he turned to leavethe library, but stopped as if turned to stone as he heard Sir Francisthunder out:

  "You left it hanging on the Easter Beurre pear-tree, sir, when youclimbed down with your brother--on one of the short spurs, before youboth left your foot-marks all over the newly-dug bed. CourtenayDalton--Philip Dalton, if you were my own sons I should feel that aterrible stain had fallen upon my name."

  The boys stood staring at him, looking yellow, and almost ghastly.

  "And as if that proof were not enough, Courtenay, Dalton; when you felland broke that currant bush--"

  "It was Phil who fell," cried the boy with a vicious snarl.

  "The truth for the first time," said Sir Francis. Then bitterly: "And Ithought you were both gentlemen! Leave the room."

  "It was Phil who proposed it all, papa," cried Courtenay appealingly.

  "Ah, you sneak!" cried Philip. "I didn't, sir. I was as bad as he was,I suppose, and I thought it good fun, but I shouldn't have told allthose lies if he hadn't made me. There, they were all lies! Now youcan punish me if you like."

  "Leave the room!" said Sir Francis again; and he stood pointing to thedoor as the brothers went out, looking miserably crestfallen.

  Then the door closed, and the silence was broken by a sharp cry, ascuffle, the sound of blows, and a fall, accompanied by the smashing ofsome vessel on the stone floor.

  Sir Francis strode out into the hall, and there was a hubbub of voices,and I heard Philip cry passionately:

  "Yes; I did hit him. He began on me, and I'll do it again--a coward!"

  Then there was a low murmur for a few minutes, and Sir Francis came backinto the library and stood by the table, with the light shining on hisgreat silver moustache; and I thought what a fine, handsome, fierce oldfellow he looked as he stood frowning there for quite a minute withoutspeaking. Then, turning to Mr Solomon, he said quickly:

  "I beg your pardon, Brownsmith. I was excited and irritable to-night,and said what I am sorry for now."

  "Then don't say any more, Sir Francis," replied Mr Solomon quietly."I've been your servant--"

  "Faithful servant, Brownsmith."

  "Well, Sir Francis, `faithful servant,'" said Mr Solomon smiling,"these twenty years, and you don't suppose I'm going to heed a word ortwo like that."

  "Thank you, Brownsmith," said Sir Francis, and he turned to Ike andspoke sharply once more.

  "What regiment were you in, sir?"

  "Eighth Hoozoars, Captain," said Ike, drawing himself up and standing atattention.

  "Colonel," whispered Mr Solomon.

  "All right!" growled Ike.

  "Well, then, Isaac Barnes, speaking as one old soldier to another, Isaid words to you to-night for which I am heartily sorry. I beg yourpardon."

  "God bless you, Colonel! If you talk to me like that arterward, you maycall me what you like."

  "Eh?" cried Sir Francis sharply; "then I will. How dare you then, youscoundrel, go and disgrace yourself; you, an ex-British soldier--a manwho has worn the king's uniform--disgrace yourself by getting drunk?Shame on you, man, shame!"

  "Go on, Colonel. Give it to me," growled Ike. "I desarve it."

  "No," said Sir Francis, smiling; "not another word; but don't let itoccur again."

  Ike drew his right hand across one eye, and the left over the other, andgave each a flip as if to shake off a tear, as he growled somethingabout "never no more."

  I hardly heard him, though, for I was trembling with agitation as I sawSir Francis turn to me, and I knew that my turn had come.

  "Grant, my lad," he said quietly; "I can't tell you how hurt and sorry Ifelt to-night when I believed you to be mixed up with that contemptiblebit of filching. There is an abundance of fruit grown here, and Ishould never grudge you sharing in that which you help to produce. Iwas the more sorry because I have been watching your progress, and I wasmore than satisfied: I beg your pardon too, for all that I have said.Those boys shall beg it too."

  He held out his hand, and I caught it eagerly in mine as I said, inchoking tones.

  "My father was an officer and a gentleman, sir, and to be called a thiefwas very hard to bear."

  "It was, my lad; it was," he said, shaking my hand warmly. "There,there, I'll talk to you another time."

  I drew back, and we were leaving the room, I last, when, obeying animp
ulse, I ran back.

  "Well, my lad?" he said kindly.

  "I beg your pardon, Sir Francis; but you said that they should beg mypardon."

  "Yes," he said hotly; "and they shall."

  "If you please, Sir Francis," I said, "I would rather they did not."

  "Why, sir?"

  "I think they have been humbled enough."

  "By their own conduct?" said Sir Francis. "Yes, you are right. I willnot mention it again."