CHAPTER II
BEFORE THE JUSTICES
One morning when Frank was dressing, the servant came up and told himthat a fisherman, who said his name was Bill Bostock, wanted to speak tohim. As he had often been out with Julian in the man's boat, he put onhis jacket and ran to the door.
"Good morning, Bill!" he said; "what is it?"
"I will talk with you outside, sir, if you don't mind."
A good deal surprised Frank put on his cap and went out with him.
"There has been a bad business, Master Frank, a mighty bad job."
"What sort of a job, Bill?"
"A smuggling affair, Master Frank. There was a fight. I hears one of therevenue men was killed. I don't know as that is so, but some of themhave been knocked about, and have got some pistol wounds, no doubt. Butthat ain't the worst part of the business. Mr. Julian is among those ashas been caught."
"Julian!" Frank exclaimed in astonishment. "Why, what in the world hadJulian got to do with it?"
"Well, sir," the sailor said apologetically, "you see it was like this.Mr. Julian is a young gentleman as loves a bit of a spree, and he hasbeen out many a night with some of us to see a cargo run."
Frank uttered an exclamation of surprise and consternation.
"I thought perhaps as you knowed it, sir."
"I never dreamt of such a thing, Bill. How could Julian have been so madas to mix himself up in such a business? I suppose this is your doing;you must have led him into this mischief."
"No, sir," the sailor said in an aggrieved voice. "How was I to lead ayoung gentleman like your brother into a thing as he didn't choose todo? I don't say as I didn't mention to him, promiscuous like, that Ilent a hand some times in running a cargo; but how was I to know as hewould up and say, 'I will go with you some night, Bill.' Well, I argueswith him, and I points out to him as he might get into a scrape; but,says he, 'I am not going to take no share in it, but just want to lookon and see the fun,' as he calls it. I points out to him as it was notalways fun, but he puts that aside, and, says he, it would not be fununless there was a little excitement about it. He promised me faithfulthat he would always cut and run as soon as he heard there was any talkof the revenue men a-coming, and what was I to do? I don't say, sir, ashow if it had been you I would have taken you with me, 'cause you areyoung, you see, and I should have felt as I was 'sponsible for you. ButMr. Julian is a man now, and when he says, 'I mean to go with youanyhow, Bill,' it was not for me to say, you sha'n't go. Mr. Julian, heis a sort of gent that gets over one somehow, and there ain't no saying'no' to him."
"Well, it is of no use talking about that now," Frank said impatiently."First tell me all about it, and then we will see what had best bedone."
"Well, Master Frank, it was eight miles to the west. The chaps concernedin it thought they had managed to throw dust into the eyes of CaptainDownes, and to get the _Boxer_ away to Swanage, and how he got wind ofthe affair, and where it was to be, is more nor I can tell. Everythingwas going on smooth enough, and half the cargo was in the carts, whenall of a sudden there was a shout 'Surrender, you scoundrels!' and thatfellow Faulkner dashed up with a pistol in his hand, and behind him camea score of revenue men. I dodged under a cart and bolted. I heard somepistol shots fired, for just at that time a lot of the smugglers hadcome up to the carts with kegs. As if the firing on shore had been asignal, I heard directly after some guns down by the water, and knewthat Downes and the _Boxer_ had come on the lugger. I made straightback, but I could not sleep all night for wondering whether Mr. Julianhad got off too, and I was up afore it was light, and went round to oneor two of the other chaps as was there. One had not come back; the otherhad only been in half an hour. He had hid up, close to where we wassurprised.
"After it was over the revenue chaps lit a lot of lanterns and then madea big fire, and by its light my mate could see pretty well what wasgoing on. They had got about twenty prisoners. Most of the countrypeople and carts had, luckily enough for them, gone off with their loadsa few minutes afore the revenue men came up. A dozen pack-horses andthree or four carts had been took, and, in course, all the loads the menwere carrying up. Among those who was took was Mr. Julian. He wasstanding close to me when they came up, and I expect he was collaredimmediate. Faulkner, he sat down on a tub by the side of the fire andtakes out a book, and the prisoners was brought up one by one andquestions asked them. Mr. Julian was one of the last. Faulkner got upfrom his seat and rowed him tremendous. What he said my mate could notcatch, but he could hear his voice, and he was going on at him cruel;then I suppose Mr. Julian lost his temper, and my mate says he could seethat he was giving it him back hot. I expect it was something wonderfulhard and nasty he said, for Faulkner jumped at him and hit him in theface. Then your brother threw himself on him. My mate says he would havethrown him backwards into the fire, if some of the revenue men had notseized him and dragged him off.
"After that there was a row between Faulkner and Captain Downes, who hadcome up just before with half a dozen sailors. I expect Downes wastelling him that he ought to be ashamed of himself. Anyhow they got tohigh words, as was easy to be heard. Half an hour later most of themstarted with the prisoners, leaving half a dozen of the officers to lookafter the things they had taken. When they had gone, my mate went downclose to the water, and was able to make out the cutter and the luggeranchored close together--so she has been caught. There was nothing elseto wait for, so he tramped off home and had only been in a few minutesbefore I came to him."
"This is awful," Frank said, in dismay. "The only thing I see that canbe done is for me to go and have a talk with Captain Downes. He was afriend of my father's; and I think he is a kind-hearted man, though, ofcourse, he has to be sharp in carrying out his duty of trying to putdown smuggling. Well, I will run in for breakfast now, or my aunt willwonder what has become of me; then I will go straight on board the_Boxer_.
"She is not in yet," Bill said. "She would not start until daylight; andI don't suppose she will be round for another two hours. You see she isnot clear of Portland Bill yet."
"That is unfortunate. However, I hope I shall see him before themagistrates sit. What time do they meet?"
"They generally sit at eleven o'clock; but it ain't their day, and theywill have to be summoned special. I should not wonder if they don't meettill two o'clock; because they could not be sure what time the _Boxer_will get round, and, as he will have taken some prisoners in the lugger,they would not begin until he arrived."
"Very well; I will go round to the court-house after breakfast, andinquire what time the sitting will be. Anyhow, I hope to be able to seethe lieutenant before they meet. I don't know that any good can come ofit; for, as he had nothing to do with Julian's capture, he certainlywould not be able to save him from appearing, especially after that rowwith Faulkner."
"He's a bad un that, Master Frank, and I wish your brother had chuckedhim into that fire. A bit of burning might have done him good; and, ifever a chap deserved it, he did."
Frank went back into the house.
"My dear Frank," Mrs. Troutbeck exclaimed, "where have you been? I havenever known you keep breakfast waiting before. Why, what is the matter,dear? Nothing about Julian, I hope; hasn't he come home yet?"
"No, Aunt; and I am sorry to say that he has got into an awkward scrape.It seems that he went out, for the fun of the thing, to see a cargo run.The revenue people came up, and he was one of those who were caught. Ofcourse he had nothing to do with the smuggling part of the business, norwith a bit of a fight there was. Still, as he was there, I am afraidthere is no doubt that he will have to appear before the magistrateswith the others."
Mrs. Troutbeck sat in speechless consternation.
"Oh, dear! oh, dear!" she exclaimed at last. "How could he have been sosilly? It is dreadful, my dear, and it will be such a disgrace. Whatshall we do?"
"There is nothing to do, Aunt, that I can see. As to the disgrace, thatis nothing very dreadful. No end of people are mixed up in smuggling;and I ha
ve heard that many of the gentry wink at it, and are glad enoughto buy a keg of brandy cheap without asking any questions where it comesfrom. So the mere fact that Julian went to have a look at a cargo beingrun is not anything very serious. I suppose it was against the law evento be present, but there was nothing disgraceful about it. It is luckymy holidays began last week, and if there is anything to be done I cando it."
"Could not Mr. Downes get him off? He used often to be here in yourfather's time, though I have not seen much of him since; but I am surehe would do anything he could."
"I have been thinking of that, Aunt. The _Boxer_ was there last nightand captured the smuggler, but her crew had nothing to do with the fighton shore; and, therefore, I don't think there is any chance of his beingable to interfere in the matter. Still, I will see him as soon as thecutter comes in."
On going down to the court-house, Frank found that the magistrates wouldmeet at two o'clock. Then, as the _Boxer_ had only just appeared roundPortland, he went and saw the chief officer of the coast-guard toendeavour to obtain permission to have an interview with Julian.
"I am sorry I can do nothing in the matter, lad," he replied. "It is outof my hands, owing to a magistrate being present at the capture. It was,indeed, his business more than ours; for it was he who obtainedinformation of the affair, and called upon us to aid him in the captureof men engaged in unlawful practices. Therefore, you see, the prisonersare in the hands of the civil authorities. I hear he has given strictorders that no one is, on any pretence, to speak to the prisoners."
"I hear that he struck my brother."
"I don't know how you heard it, lad, but it is true. However, I do notfeel at liberty to say anything about it. I am very sorry for yourbrother, who is a fine young fellow. However, I hope that as he wasunarmed, and was not, I suppose, actually concerned in the smugglingbusiness, the matter will be passed over lightly, even if he is notdischarged at once. At any rate, we shall in no way press the caseagainst him."
Frank, indeed, afterwards learned that the officer dropped a hint to themen to make as little as possible of Julian's capture, and of thevigorous resistance he had made when first seized.
The _Boxer_ dropped anchor off the town at twelve o'clock, and thelieutenant landed at once. The officer of the coast-guard went down tomeet him on the quay, and for half an hour they walked up and down theparade together, in earnest conversation. Frank remained on the oppositeside of the road until they stopped, and the commander of the _Boxer_beckoned to him.
"Well, lad," he said, as Frank came up, "this is a nasty scrape thatyour brother has got into; but I don't think they can do anything tohim. Mr. Moorsby has been telling me that you have been to him; butneither he nor I can do anything in the matter--it is in the civilhands. If it had been anyone else but Faulkner who had been in charge, Ihave no doubt it could have been managed. Of course, your brother oughtnot to have been there, but as he was only looking on, and taking noactive part in the affair, he might have been released without anydifficulty. However, I don't think you need worry yourself. Certainly,we shall not press the case against him. It is unfortunate that he usedhis tongue as sharply as he did to Mr. Faulkner, though I don't say butthat he had great provocation, or that what he said was not perfectlytrue; still, it would have been much better left unsaid. However, Iquestion if before the hearing is over Faulkner will not have cause toregret that he did not let your brother go home as soon as they got backhere."
He nodded, and Frank understood that there was no more to say, and,thanking the officer, turned and walked off home. The fisherman met himon the way.
"You keep up your heart, Mr. Frank. Me and some of the others have beenhaving a talk with the coast-guards, and they will be all right. Ofcourse, there is not one of them that does not know Mr. Julian, so theywon't say more than they can help against him; and every one of them isglad to hear that he gave it to that Faulkner hot. He ain't no more afavourite with them than he is with other people, and it was not bytheir own will that they ran in and pulled your brother off him. If theyhadn't, he would not have been sitting on the bench to-day, nor for manya week, I reckon; for he would have been pretty badly burned if he hadfallen across that fire. So you may be sure that they will make it easyfor Mr. Julian, and I expect you will have him back home this evening.They would never have took him at all if they had known who he was; but,of course, being dark, and he in his fishing togs, they did not see itwas him."
Frank returned home in much better spirits than he had left. His auntwas standing at the window, and hurried to the door to let him in.
"Well, Frank, have you got him out? I hoped you would have brought himhome with you."
"There was no chance of that, Aunt. Of course, when anyone is taken andlocked up, he cannot be discharged until the case has been gone into.But I have seen Mr. Moorsby, the coast-guard officer on shore, andCaptain Downes, and they both say that the case will not be pressedagainst him, and that, as he was not taking any part in the affair, andmerely looking on, they don't think anything will be done to him. Thecoast-guardsmen who will have to give evidence all know him, and willnot say anything against him if they can help it. So I should not be atall surprised, Aunt, if we have him back here this afternoon."
"Oh, I do wish," Mrs. Troutbeck said tearfully, "that it could have beenmanaged so that he would not have been obliged to be placed in the dockwith smugglers and all sorts of people."
"It would, no doubt, have been better if it could have been avoided,Aunt, but there is no helping it; and if he is discharged it won't gofor much against him--certainly not here, where nobody regards smugglingas a crime."
At half-past one Frank went down to the court-house. It was alreadycrowded, but Captain Downes, who came up at the same moment, took himin, and obtained a place for him at the solicitors' table. The seizurehad created quite a sensation in Weymouth, not only because two or threeWeymouth men were among the prisoners, but because, owing to the fightthat had taken place, the matter was very much more serious than a merecapture of contraband goods. There was a general buzz of conversationuntil three magistrates came in and took their places, and there was alittle murmur of satisfaction as Colonel Chambers, the chairman, tookhis seat; for, had he not been present, Mr. Faulkner, who was next inseniority, would have taken the chair. A minute later, twelve prisonerswere brought in. Five Frenchmen and two Englishmen were a portion of thecrew of the smuggler; two were farmers' men, the drivers of the carts;one was a local fisherman; the eleventh was one of the party that hadgone from Weymouth; Julian Wyatt made up the number.
Two or three of the party had their heads bandaged up; one had his armin a sling; several others had marks of hard knocks, and Julian a pairof black eyes. When the little murmur that followed the entry of theprisoners had subsided, and the crier had called out "Silence in court,"the inquiry began.
Mr. Moorsby was the first witness. He deposed that having receivedinformation that a landing of contraband goods was likely to take place,he, accompanied by Mr. Faulkner, who represented the civil authorities,went to the spot. They perceived that a landing of goods was takingplace; but, as it had been arranged that his party should not showthemselves until the revenue cutter came up and seized the lugger, theyremained in hiding until they heard from a man placed down by the shorethat the cutter was coming in. Then they rushed out and seized theparties engaged in the proceedings. Some of them resisted violently, anda serious fray took place. Three of his men were wounded with pistolshots, one of them very seriously. One of the smugglers had been killed,and three were so seriously injured that they could not at present beplaced in the dock.
"Are any of the prisoners represented in court?" the chairman asked.
A solicitor sitting next to Frank rose. "I represent Mr. Julian Wyatt,"he said. Frank looked up at him in surprise. The idea of obtaining legalassistance for Julian had not occurred to him, and he wondered how hisbrother had been able to communicate with a solicitor. "I would suggest,your honour," the latter went on, "that the evi
dence should be takenseparately in the different charges, as there is a considerabledifference in the position of prisoners."
Another solicitor rose. "I appear for John Turnbull and William Sims,"he said, "and I would support the appeal of Mr. Probert. My clients, whoare farming men, took no part whatever in the fray, which is the seriousportion of the affair. While I am ready to admit that they were engagedin the illegal operation of aiding in the landing of contraband goods,I shall be able to prove that they are innocent of the more seriouscharge of resisting by force their capture by the revenue officers, andwith using deadly weapons against the representatives of the law, andthat their case stands in an altogether different category to that ofthe main body of the prisoners."
"You do not intend, I hope," Mr. Faulkner said, "to express a wish thatwe should have what would practically be twelve investigations insteadof one, or that the witnesses should all be obliged to go that number oftimes into the box."
"By no means, your honour; I am only intimating my intention ofcross-examining each witness as to the share my clients took in theaffair, and pointing out beforehand that their case stands on anentirely different footing to that of the men who took part in the moreserious charge of resisting the officers."
One after another of the coast-guard men gave their evidence, eachidentifying one or more of the prisoners in whose capture they had takena personal part. None of the first five had anything to say regardingJulian. Then James Wingfield entered the box. After stating that he wasthe coxswain of the Weymouth coast-guard boat he proceeded:
"When Mr. Moorsby gave the order I ran forward. I saw a biggish manstanding with his hands in the pockets of his pea-jacket. He seemed tobe looking on, and was not at work; but, thinking that he might be aleader, me and Harry Wilkens ran at him and seized him. It was not untilafterwards we knew that he was Mr. Julian Wyatt. After we had caught himI handed him over to Wilkens, and that is all I know about him."
He then proceeded to testify against several of the other prisoners inwhose capture he had taken part. When he had finished his evidence,Julian's solicitor rose.
"You say that the prisoner you first took, Mr. Wyatt, was taking noactive part in the affair?"
"No, sir, he was just standing there looking on."
"And did he resist the capture?"
"Not to say resist, sir. When we first clapped hands on him he gave astart, for we had come upon him sudden, without noise. He just tried toshake us off, not knowing, I reckon, who we were; but as soon as I said,'In the King's name, you are my prisoner,' he was just as quiet as alamb."
The solicitor sat down. Then the chairman asked the witness if any armswere found on the prisoner.
"No, sir."
"Not even a stick?"
"I won't say as he may not have had a bit of a stick, your honour,though I did not notice it, his hands being in his pockets; anyhow, hedid not try to use it."
Wilkens was the next witness, and his evidence, as far as Julian wasconcerned, was precisely similar to that of the coxswain. Against theseven men of the lugger the evidence was conclusive. All had resisteddesperately, and this had enabled several of their party to make theirescape in the darkness. The Weymouth fisherman had been caught coming upfrom the beach with a keg on his shoulder, and had thrown it down andattempted to run away, but had made no resistance when he had beentaken; the two farm men had been captured at their horses' heads, andhad at once surrendered. When the evidence had been gone through, Mr.Probert addressed the court on behalf of Julian. He urged that there wasno evidence whatever to show that he was concerned either in thesmuggling operations or in the resistance to the revenue officers.
"I do not pretend," he said, "that he was there by accident; but Imaintain that he was there simply in the capacity of a looker-on. Hestands, in fact, precisely in the same position that any member of thegeneral public might do, who had been present as a spectator at any sortof riot. It is unquestionably a very unwise action on the part of anyindividual to attend a meeting of any sort at which it is possible thatriotous proceedings may take place, but I maintain that, howeverimprudent and foolish, there is nothing criminal in his doing so, and Iam sure that there is no case on record in which a man has been punishedfor his presence at a riot in which he did not participate. My clientacted foolishly, but I ask the court to say that his foolishness was notcriminal. He had accidentally learned that there was to be a landing ofcontraband goods, and, with the thoughtlessness of youth, he went to seewhat he considered the fun. Even if there had been a shadow ofcriminality in his being present, I should ask you to say that theunpleasant experience that he has undergone--his detention for twelvehours in a police cell, and his appearance here--is ample punishment forhis boyish escapade, which might have been committed by anyhigh-spirited young fellow of nineteen."
After the other solicitor had addressed the court on behalf of the twofarmers' men, the magistrates consulted together. The spectators,watching them attentively, saw that for a time they seemed unanimous,then it was equally evident that there was a difference of opinion onsome point or other, and they presently rose and left the court.
"It is Faulkner against the other two," Mr. Probert whispered to Frank."Of course they were unanimous about the smugglers, but I expect theydiffered as to the others. It is lucky that the Colonel is in the chair.Harrington is a mild little fellow, and Faulkner would be able to twisthim round his finger if there were only the two of them, but there is nofear of that with the Colonel there to keep him straight."
In ten minutes they returned, and by the flushed, angry face of Mr.Faulkner, Frank judged at once that he had been overruled. The chairmanbriefly announced the decision of the court, and committed the sevensmugglers for trial on the whole of the charges. The Weymouth fishermanwas also committed, but only on the charge of being engaged in theunlawful act of defrauding His Majesty's revenue, and was allowed out onbail. The two farm labourers were fined fifty pounds apiece, which theirsolicitor at once paid.
"The majority of the bench are in favour of your immediate discharge,Mr. Wyatt, being of opinion that the evidence has failed altogether toprove any of the charges against you, and, being of opinion that youhave already paid dearly enough for your reckless folly in attending anunlawful operation of this kind, they trust that it will be a lesson toyou for life. The other and more serious charge against you will now betaken."
Frank, who was in the act of rising from his seat in delight at Julian'sacquittal, sank down again in dismay at the concluding words. He had noidea of any further charge.
"What is it?" he whispered to Mr. Probert.
"Faulkner has charged him with an attempt to murder him. Have you notheard of it? Don't be frightened. I have seen the witnesses, and have nodoubt that this case will break down like the other."
After all the prisoners but Julian had been removed from the dock, Mr.Faulkner left the bench and took his seat in the body of the court. Thecharge was then read over by the clerk, and Mr. Faulkner's name wascalled; as he stepped into the witness-box, a low hiss ran through thefishermen who formed a large proportion of the spectators.
"Silence!" the chairman said angrily. "If I hear any repetition of thisindecent demonstration, I will have the court cleared at once."
Mr. Faulkner then proceeded to give his evidence. "He had," he said,"spoken severely to the prisoner in his quality as a magistrate, uponhis taking part in smuggling transactions. At this the prisoner becameviolently abusive and uttered such murderous threats that he thought hewould have struck him, and in self-defence he (the witness) gave him ablow, whereupon the prisoner had sprung upon him like a tiger, hadlifted him in his arms, and had carried him bodily towards the fire, andwould assuredly have thrown him into it had he not been prevented fromdoing so by some of the coast-guardsmen."
Mr. Probert rose quietly. "You are a magistrate, Mr. Faulkner, Ibelieve?" Mr. Faulkner gave no reply to the question, and after a littlepause the solicitor went on: "Do you consider that, as a magistrate, Mr.Faulkner
, it comes within your province to abuse a prisoner unconvictedof any crime?"
"I deny that I abused him," Mr. Faulkner said hotly.
"There is no occasion for heat, sir," Mr. Probert said quietly. "You arein the position of a witness at present and not of a magistrate, andmust reply like any other witness. Well, you deny having abused him. Doyou consider that calling a gentleman of good standing in this town, theson of a distinguished officer, a loafing young scoundrel, not abuse; orby telling him that six months in one of His Majesty's jails would dohim a world of good?"
"I deny that I used those words."
"Well, sir, that is a question of pure credibility. It is possible thatI may be in a position to prove to the satisfaction of the bench thatyou did use them, and many others of an equally offensive character. Mr.Wyatt naturally resented such language, which you had no more right toaddress to him than you would have to address to me. If a magistrateforgets his position, and abuses a prisoner in the language of afish-fag, he must expect to be answered in the same way by anyone ofspirit. You say that, thereupon, he became abusive and used murderousthreats? Now we should like to hear a little more about this. First ofall, let us hear the abuse, will you? Tell the court, if you please,Mr. Faulkner, what were the abusive expressions," he added.
"He said, sir, that I was a disgrace to the bench."
There was a general laugh in the court, which was instantly repressed.Mr. Faulkner's eyes ran furiously over the crowded benches.
"I must ask you to look at me, Mr. Faulkner," the solicitor said mildly."Well, he said that you were a disgrace to the bench. That is scarcely,perhaps, as much a matter of abuse as one of private opinion. What didhe say next?"
"He said I was a curse to the whole neighbourhood."
"Again a mere matter of opinion."
"And after that that I was a sneaking, meddlesome, interfering old fox."
There was again a buzz of laughter, mingled with exclamations of "So youare," "He wasn't far wrong;" upon which Colonel Chalmers directed theconstable to turn all the offending parties out of court. Some fishermennearest to the door were hustled out.
"Well, I am afraid that I must admit," Mr. Probert said, "that to callyou a meddlesome old fox was abusive, although nothing like so abusiveas to call a man a loafing young scoundrel. Now as to the threats."
"He said that I would be brought home one of these days with a bullet inmy body."
"That is purely a matter of prophecy, Mr. Faulkner, and not a threat,unless he intended you to understand that it was he who would fire thebullet. Do you mean to tell the court that you had any reason to supposethat this young gentleman, whose reputation is untarnished, and who hasnever had a charge brought against him except the ridiculous one thathas just been dismissed, intended to imply by those words that hehimself had any idea of taking your life?"
"It might bear that construction."
"It might bear any construction in the mind of a man determined to seeeverything in the worst possible light. It is a matter of publicnotoriety, Mr. Faulkner, that you have received several threateningletters, and that the active part you have taken against poachers andsmugglers has caused some feeling against you. Do you not think itlikely that when Mr. Wyatt used the words you have repeated he referredto this circumstance?"
"A magistrate who does his duty must necessarily be unpopular with thecriminal classes."
"Possibly, Mr. Faulkner, though I have known many magistrates who didtheir duty and who were by no means unpopular; but you have not answeredmy question. Do you not think that in saying what he did Mr. Wyattsimply alluded to the fact of your well-known unpopularity, and to thethreatening letters that you have received?"
"Possibly he did," Mr. Faulkner admitted reluctantly, "although that wasnot my impression at the time."
"Well, then, unless there were further threats, as you call them, Ithink we have disposed of the alleged abuse and the alleged murderousthreats. Now we come to the other charge. You thought that he was aboutto strike you, and in self-defence gave him a blow. What made you thinkthat he was going to strike you?"
"He made a step towards me with a threatening gesture."
"Oh, I dare say that he was angry, but a gentleman who has been called aloafing young scoundrel is somewhat apt to lose his temper. You mighteven do so yourself, Mr. Faulkner, if so addressed. Well, then, he madea step towards you; thereupon you struck him in the face, and judgingfrom his appearance you struck him pretty hard, and then you say hecaught you up and carried you along. It says a good deal for hisstrength that he was able to do so. Now you say he carried you towardsthe fire, and would have thrown you upon it had not some of thecoast-guardsmen interfered in time. Now, how do you know that that washis intention?"
"I firmly believe that it was so."
"It is not a question of belief. You might believe that he was going tothrow you up to the moon. You struggled, I suppose--you would scarcelysubmit to be carried like a baby--I imagine that is about the long andshort of it. But even if he had intended to throw you on the fire, whichcertainly seems to be merely a matter of your imagination, you canhardly pretend that had he carried out this intention that it would havebeen murder. Surely with a score of your friends standing by, you wouldhave been hauled out immediately, none the worse except for a few singesand a burn or two. This was not a burning fiery furnace, Mr. Faulkner,but merely a bit of a bonfire from a few sticks that had been set onfire in order to throw a little light on the proceedings."
"I might have been very seriously burnt."
"Well, even supposing that you had been, that is not a question ofmurder. I presume that you framed this indictment you have charged theprisoner, not with an intention of committing grievous damage upon you,but with murder, and if you now admit that, under the circumstances,death could hardly have resulted by any possibility from this imaginaryintention of throwing you on the fire being carried out, it is clearthat the charge of murder must drop through. I have no further questionsto ask you, though I may have some remarks to make after having heardyour witnesses."