<h2><SPAN name="CHAPTER_II" id="CHAPTER_II"></SPAN>CHAPTER II</h2>
<p class='center'>BEFORE THE JUSTICES</p>
<p>One morning when Frank was dressing, the servant came up and told him
that a fisherman, who said his name was Bill Bostock, wanted to speak to
him. As he had often been out with Julian in the man's boat, he put on
his jacket and ran to the door.</p>
<p>"Good morning, Bill!" he said; "what is it?"</p>
<p>"I will talk with you outside, sir, if you don't mind."</p>
<p>A good deal surprised Frank put on his cap and went out with him.</p>
<p>"There has been a bad business, Master Frank, a mighty bad job."</p>
<p>"What sort of a job, Bill?"</p>
<p>"A smuggling affair, Master Frank. There was a fight. I hears one of the
revenue men was killed. I don't know as that is so, but some of them
have been knocked about, and have got some pistol wounds, no doubt. But
that ain't the worst part of the business. Mr. Julian is among those as
has been caught."</p>
<p>"Julian!" Frank exclaimed in astonishment. "Why, what in the world had
Julian got to do with it?"</p>
<p>"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 has
been out many a night with some of us to see a cargo run."</p>
<p>Frank uttered an exclamation of surprise and consternation.</p>
<p>"I thought perhaps as you knowed it, sir."</p>
<p>"I never dreamt of such a thing, Bill. How could Julian have been so mad
as to mix himself up in such a business? I suppose this is your doing;
you must have led him into this mischief."</p>
<p>"No, sir," the sailor said in an aggrieved voice. "How was I to lead a
young gentleman like your brother into a thing as he didn't choose to
do? I don't say as I didn't mention to him, promiscuous like, that I
lent a hand some times in running a cargo; but how was I to know as he
would up and say, 'I will go with you some night, Bill.' Well, I argues
with 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 look
on and see the fun,' as he calls it. I points out to him as it was not
always fun, but he puts that aside, and, says he, it would not be fun
unless there was a little excitement about it. He promised me faithful
that he would always cut and run as soon as he heard there was any talk
of the revenue men a-coming, and what was I to do? I don't say, sir, as
how if it had been you I would have taken you with me, 'cause you are
young, you see, and I should have felt as I was 'sponsible for you. But
Mr. Julian is a man now, and when he says, 'I mean to go with you
anyhow, Bill,' it was not for me to say, you sha'n't go. Mr. Julian, he
is a sort of gent that gets over one somehow, and there ain't no saying
'no' to him."</p>
<p>"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 be
done."</p>
<p>"Well, Master Frank, it was eight miles to the west. The chaps concerned
in it thought they had managed to throw dust into the eyes of Captain
Downes, and to get the <i>Boxer</i> away to Swanage, and how he got wind of
the affair, and where it was to be, is more nor I can tell. Everything
was going on smooth enough, and half the cargo was in the carts, when
all of a sudden there was a shout 'Surrender, you scoundrels!' and that
fellow Faulkner dashed up with a pistol in his hand, and behind him came
a score of revenue men. I dodged under a cart and bolted. I heard some
pistol shots fired, for just at that time a lot of the smugglers had
come up to the carts with kegs. As if the firing on shore had been a
signal, I heard directly after some guns down by the water, and knew
that Downes and the <i>Boxer</i> had come on the lugger. I made straight
back, but I could not sleep all night for wondering whether Mr. Julian
had got off too, and I was up afore it was light, and went round to one
or two of the other chaps as was there. One had not come back; the other
had only been in half an hour. He had hid up, close to where we was
surprised.</p>
<p>"After it was over the revenue chaps lit a lot of lanterns and then made
a big fire, and by its light my mate could see pretty well what was
going on. They had got about twenty prisoners. Most of the country
people and carts had, luckily enough for them, gone off with their loads
a few minutes afore the revenue men came up. A dozen pack-horses and
three or four carts had been took, and, in course, all the loads the men
were carrying up. Among those who was took was Mr. Julian. He was
standing close to me when they came up, and I expect he was collared
immediate. Faulkner, he sat down on a tub by the side of the fire and
takes out a book, and the prisoners was brought up one by one and
questions asked them. Mr. Julian was one of the last. Faulkner got up
from his seat and rowed him tremendous. What he said my mate could not
catch, 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 see
that he was giving it him back hot. I expect it was something wonderful
hard and nasty he said, for Faulkner jumped at him and hit him in the
face. Then your brother threw himself on him. My mate says he would have
thrown him backwards into the fire, if some of the revenue men had not
seized him and dragged him off.</p>
<p>"After that there was a row between Faulkner and Captain Downes, who had
come up just before with half a dozen sailors. I expect Downes was
telling him that he ought to be ashamed of himself. Anyhow they got to
high words, as was easy to be heard. Half an hour later most of them
started with the prisoners, leaving half a dozen of the officers to look
after the things they had taken. When they had gone, my mate went down
close to the water, and was able to make out the cutter and the lugger
anchored close together—so she has been caught. There was nothing else
to wait for, so he tramped off home and had only been in a few minutes
before I came to him."</p>
<p>"This is awful," Frank said, in dismay. "The only thing I see that can
be done is for me to go and have a talk with Captain Downes. He was a
friend of my father's; and I think he is a kind-hearted man, though, of
course, he has to be sharp in carrying out his duty of trying to put
down smuggling. Well, I will run in for breakfast now, or my aunt will
wonder what has become of me; then I will go straight on board the
<i>Boxer</i>.</p>
<p>"She is not in yet," Bill said. "She would not start until daylight; and
I don't suppose she will be round for another two hours. You see she is
not clear of Portland Bill yet."</p>
<p>"That is unfortunate. However, I hope I shall see him before the
magistrates sit. What time do they meet?"</p>
<p>"They generally sit at eleven o'clock; but it ain't their day, and they
will have to be summoned special. I should not wonder if they don't meet
till two o'clock; because they could not be sure what time the <i>Boxer</i>
will get round, and, as he will have taken some prisoners in the lugger,
they would not begin until he arrived."</p>
<p>"Very well; I will go round to the court-house after breakfast, and
inquire what time the sitting will be. Anyhow, I hope to be able to see
the lieutenant before they meet. I don't know that any good can come of
it; for, as he had nothing to do with Julian's capture, he certainly
would not be able to save him from appearing, especially after that row
with Faulkner."</p>
<p>"He's a bad un that, Master Frank, and I wish your brother had chucked
him into that fire. A bit of burning might have done him good; and, if
ever a chap deserved it, he did."</p>
<p>Frank went back into the house.</p>
<p>"My dear Frank," Mrs. Troutbeck exclaimed, "where have you been? I have
never known you keep breakfast waiting before. Why, what is the matter,
dear? Nothing about Julian, I hope; hasn't he come home yet?"</p>
<p>"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. Of
course he had nothing to do with the smuggling part of the business, nor
with a bit of a fight there was. Still, as he was there, I am afraid
there is no doubt that he will have to appear before the magistrates
with the others."</p>
<p>Mrs. Troutbeck sat in speechless consternation.</p>
<p>"Oh, dear! oh, dear!" she exclaimed at last. "How could he have been so
silly? It is dreadful, my dear, and it will be such a disgrace. What
shall we do?"</p>
<p>"There is nothing to do, Aunt, that I can see. As to the disgrace, that
is nothing very dreadful. No end of people are mixed up in smuggling;
and I have heard that many of the gentry wink at it, and are glad enough
to buy a keg of brandy cheap without asking any questions where it comes
from. So the mere fact that Julian went to have a look at a cargo being
run is not anything very serious. I suppose it was against the law even
to be present, but there was nothing disgraceful about it. It is lucky
my holidays began last week, and if there is anything to be done I can
do it."</p>
<p>"Could not Mr. Downes get him off? He used often to be here in your
father's time, though I have not seen much of him since; but I am sure
he would do anything he could."</p>
<p>"I have been thinking of that, Aunt. The <i>Boxer</i> was there last night
and captured the smuggler, but her crew had nothing to do with the fight
on shore; and, therefore, I don't think there is any chance of his being
able to interfere in the matter. Still, I will see him as soon as the
cutter comes in."</p>
<p>On going down to the court-house, Frank found that the magistrates would
meet at two o'clock. Then, as the <i>Boxer</i> had only just appeared round
Portland, he went and saw the chief officer of the coast-guard to
endeavour to obtain permission to have an interview with Julian.</p>
<p>"I am sorry I can do nothing in the matter, lad," he replied. "It is out
of my hands, owing to a magistrate being present at the capture. It was,
indeed, his business more than ours; for it was he who obtained
information of the affair, and called upon us to aid him in the capture
of men engaged in unlawful practices. Therefore, you see, the prisoners
are in the hands of the civil authorities. I hear he has given strict
orders that no one is, on any pretence, to speak to the prisoners."</p>
<p>"I hear that he struck my brother."</p>
<p>"I don't know how you heard it, lad, but it is true. However, I do not
feel at liberty to say anything about it. I am very sorry for your
brother, who is a fine young fellow. However, I hope that as he was
unarmed, and was not, I suppose, actually concerned in the smuggling
business, the matter will be passed over lightly, even if he is not
discharged at once. At any rate, we shall in no way press the case
against him."</p>
<p>Frank, indeed, afterwards learned that the officer dropped a hint to the
men to make as little as possible of Julian's capture, and of the
vigorous resistance he had made when first seized.</p>
<p>The <i>Boxer</i> dropped anchor off the town at twelve o'clock, and the
lieutenant landed at once. The officer of the coast-guard went down to
meet him on the quay, and for half an hour they walked up and down the
parade together, in earnest conversation. Frank remained on the opposite
side of the road until they stopped, and the commander of the <i>Boxer</i>
beckoned to him.</p>
<p>"Well, lad," he said, as Frank came up, "this is a nasty scrape that
your brother has got into; but I don't think they can do anything to
him. Mr. Moorsby has been telling me that you have been to him; but
neither he nor I can do anything in the matter—it is in the civil
hands. If it had been anyone else but Faulkner who had been in charge, I
have no doubt it could have been managed. Of course, your brother ought
not to have been there, but as he was only looking on, and taking no
active part in the affair, he might have been released without any
difficulty. However, I don't think you need worry yourself. Certainly,
we shall not press the case against him. It is unfortunate that he used
his tongue as sharply as he did to Mr. Faulkner, though I don't say but
that he had great provocation, or that what he said was not perfectly
true; still, it would have been much better left unsaid. However, I
question if before the hearing is over Faulkner will not have cause to
regret that he did not let your brother go home as soon as they got back
here."</p>
<p>He nodded, and Frank understood that there was no more to say, and,
thanking the officer, turned and walked off home. The fisherman met him
on the way.</p>
<p>"You keep up your heart, Mr. Frank. Me and some of the others have been
having a talk with the coast-guards, and they will be all right. Of
course, there is not one of them that does not know Mr. Julian, so they
won't say more than they can help against him; and every one of them is
glad to hear that he gave it to that Faulkner hot. He ain't no more a
favourite with them than he is with other people, and it was not by
their own will that they ran in and pulled your brother off him. If they
hadn't, he would not have been sitting on the bench to-day, nor for many
a week, I reckon; for he would have been pretty badly burned if he had
fallen across that fire. So you may be sure that they will make it easy
for 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 it
was him."</p>
<p>Frank returned home in much better spirits than he had left. His aunt
was standing at the window, and hurried to the door to let him in.</p>
<p>"Well, Frank, have you got him out? I hoped you would have brought him
home with you."</p>
<p>"There was no chance of that, Aunt. Of course, when anyone is taken and
locked up, he cannot be discharged until the case has been gone into.
But I have seen Mr. Moorsby, the coast-guard officer on shore, and
Captain Downes, and they both say that the case will not be pressed
against him, and that, as he was not taking any part in the affair, and
merely looking on, they don't think anything will be done to him. The
coast-guardsmen who will have to give evidence all know him, and will
not say anything against him if they can help it. So I should not be at
all surprised, Aunt, if we have him back here this afternoon."</p>
<p>"Oh, I do wish," Mrs. Troutbeck said tearfully, "that it could have been
managed so that he would not have been obliged to be placed in the dock
with smugglers and all sorts of people."</p>
<p>"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 go
for much against him—certainly not here, where nobody regards smuggling
as a crime."</p>
<p>At half-past one Frank went down to the court-house. It was already
crowded, but Captain Downes, who came up at the same moment, took him
in, and obtained a place for him at the solicitors' table. The seizure
had created quite a sensation in Weymouth, not only because two or three
Weymouth men were among the prisoners, but because, owing to the fight
that had taken place, the matter was very much more serious than a mere
capture of contraband goods. There was a general buzz of conversation
until three magistrates came in and took their places, and there was a
little murmur of satisfaction as Colonel Chambers, the chairman, took
his seat; for, had he not been present, Mr. Faulkner, who was next in
seniority, would have taken the chair. A minute later, twelve prisoners
were brought in. Five Frenchmen and two Englishmen were a portion of the
crew 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 had
gone from Weymouth; Julian Wyatt made up the number.</p>
<p>Two or three of the party had their heads bandaged up; one had his arm
in a sling; several others had marks of hard knocks, and Julian a pair
of black eyes. When the little murmur that followed the entry of the
prisoners had subsided, and the crier had called out "Silence in court,"
the inquiry began.</p>
<p>Mr. Moorsby was the first witness. He deposed that having received
information 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 taking
place; but, as it had been arranged that his party should not show
themselves until the revenue cutter came up and seized the lugger, they
remained in hiding until they heard from a man placed down by the shore
that the cutter was coming in. Then they rushed out and seized the
parties engaged in the proceedings. Some of them resisted violently, and
a serious fray took place. Three of his men were wounded with pistol
shots, one of them very seriously. One of the smugglers had been killed,
and three were so seriously injured that they could not at present be
placed in the dock.</p>
<p>"Are any of the prisoners represented in court?" the chairman asked.</p>
<p>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 legal
assistance for Julian had not occurred to him, and he wondered how his
brother had been able to communicate with a solicitor. "I would suggest,
your honour," the latter went on, "that the evidence should be taken
separately in the different charges, as there is a considerable
difference in the position of prisoners."</p>
<p>Another solicitor rose. "I appear for John Turnbull and William Sims,"
he said, "and I would support the appeal of Mr. Probert. My clients, who
are farming men, took no part whatever in the fray, which is the serious
portion of the affair. While I am ready to admit that they were engaged
in the illegal operation of aiding in the landing of contraband goods,
I shall be able to prove that they are innocent of the more serious
charge of resisting by force their capture by the revenue officers, and
with using deadly weapons against the representatives of the law, and
that their case stands in an altogether different category to that of
the main body of the prisoners."</p>
<p>"You do not intend, I hope," Mr. Faulkner said, "to express a wish that
we should have what would practically be twelve investigations instead
of one, or that the witnesses should all be obliged to go that number of
times into the box."</p>
<p>"By no means, your honour; I am only intimating my intention of
cross-examining each witness as to the share my clients took in the
affair, and pointing out beforehand that their case stands on an
entirely different footing to that of the men who took part in the more
serious charge of resisting the officers."</p>
<p>One after another of the coast-guard men gave their evidence, each
identifying one or more of the prisoners in whose capture they had taken
a personal part. None of the first five had anything to say regarding
Julian. Then James Wingfield entered the box. After stating that he was
the coxswain of the Weymouth coast-guard boat he proceeded:</p>
<p>"When Mr. Moorsby gave the order I ran forward. I saw a biggish man
standing with his hands in the pockets of his pea-jacket. He seemed to
be looking on, and was not at work; but, thinking that he might be a
leader, me and Harry Wilkens ran at him and seized him. It was not until
afterwards we knew that he was Mr. Julian Wyatt. After we had caught him
I handed him over to Wilkens, and that is all I know about him."</p>
<p>He then proceeded to testify against several of the other prisoners in
whose capture he had taken part. When he had finished his evidence,
Julian's solicitor rose.</p>
<p>"You say that the prisoner you first took, Mr. Wyatt, was taking no
active part in the affair?"</p>
<p>"No, sir, he was just standing there looking on."</p>
<p>"And did he resist the capture?"</p>
<p>"Not to say resist, sir. When we first clapped hands on him he gave a
start, for we had come upon him sudden, without noise. He just tried to
shake 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 a
lamb."</p>
<p>The solicitor sat down. Then the chairman asked the witness if any arms
were found on the prisoner.</p>
<p>"No, sir."</p>
<p>"Not even a stick?"</p>
<p>"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, he
did not try to use it."</p>
<p>Wilkens was the next witness, and his evidence, as far as Julian was
concerned, was precisely similar to that of the coxswain. Against the
seven men of the lugger the evidence was conclusive. All had resisted
desperately, and this had enabled several of their party to make their
escape in the darkness. The Weymouth fisherman had been caught coming up
from the beach with a keg on his shoulder, and had thrown it down and
attempted to run away, but had made no resistance when he had been
taken; the two farm men had been captured at their horses' heads, and
had at once surrendered. When the evidence had been gone through, Mr.
Probert addressed the court on behalf of Julian. He urged that there was
no evidence whatever to show that he was concerned either in the
smuggling operations or in the resistance to the revenue officers.</p>
<p>"I do not pretend," he said, "that he was there by accident; but I
maintain that he was there simply in the capacity of a looker-on. He
stands, in fact, precisely in the same position that any member of the
general public might do, who had been present as a spectator at any sort
of riot. It is unquestionably a very unwise action on the part of any
individual to attend a meeting of any sort at which it is possible that
riotous proceedings may take place, but I maintain that, however
imprudent and foolish, there is nothing criminal in his doing so, and I
am sure that there is no case on record in which a man has been punished
for his presence at a riot in which he did not participate. My client
acted foolishly, but I ask the court to say that his foolishness was not
criminal. He had accidentally learned that there was to be a landing of
contraband goods, and, with the thoughtlessness of youth, he went to see
what he considered the fun. Even if there had been a shadow of
criminality in his being present, I should ask you to say that the
unpleasant experience that he has undergone—his detention for twelve
hours in a police cell, and his appearance here—is ample punishment for
his boyish escapade, which might have been committed by any
high-spirited young fellow of nineteen."</p>
<p>After the other solicitor had addressed the court on behalf of the two
farmers' 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 on
some point or other, and they presently rose and left the court.</p>
<p>"It is Faulkner against the other two," Mr. Probert whispered to Frank.
"Of course they were unanimous about the smugglers, but I expect they
differed 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 twist
him round his finger if there were only the two of them, but there is no
fear of that with the Colonel there to keep him straight."</p>
<p>In ten minutes they returned, and by the flushed, angry face of Mr.
Faulkner, Frank judged at once that he had been overruled. The chairman
briefly announced the decision of the court, and committed the seven
smugglers for trial on the whole of the charges. The Weymouth fisherman
was also committed, but only on the charge of being engaged in the
unlawful act of defrauding His Majesty's revenue, and was allowed out on
bail. The two farm labourers were fined fifty pounds apiece, which their
solicitor at once paid.</p>
<p>"The majority of the bench are in favour of your immediate discharge,
Mr. Wyatt, being of opinion that the evidence has failed altogether to
prove any of the charges against you, and, being of opinion that you
have already paid dearly enough for your reckless folly in attending an
unlawful operation of this kind, they trust that it will be a lesson to
you for life. The other and more serious charge against you will now be
taken."</p>
<p>Frank, who was in the act of rising from his seat in delight at Julian's
acquittal, sank down again in dismay at the concluding words. He had no
idea of any further charge.</p>
<p>"What is it?" he whispered to Mr. Probert.</p>
<p>"Faulkner has charged him with an attempt to murder him. Have you not
heard of it? Don't be frightened. I have seen the witnesses, and have no
doubt that this case will break down like the other."</p>
<p>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. The
charge was then read over by the clerk, and Mr. Faulkner's name was
called; as he stepped into the witness-box, a low hiss ran through the
fishermen who formed a large proportion of the spectators.</p>
<p>"Silence!" the chairman said angrily. "If I hear any repetition of this
indecent demonstration, I will have the court cleared at once."</p>
<p>Mr. Faulkner then proceeded to give his evidence. "He had," he said,
"spoken severely to the prisoner in his quality as a magistrate, upon
his taking part in smuggling transactions. At this the prisoner became
violently abusive and uttered such murderous threats that he thought he
would have struck him, and in self-defence he (the witness) gave him a
blow, whereupon the prisoner had sprung upon him like a tiger, had
lifted him in his arms, and had carried him bodily towards the fire, and
would assuredly have thrown him into it had he not been prevented from
doing so by some of the coast-guardsmen."</p>
<p>Mr. Probert rose quietly. "You are a magistrate, Mr. Faulkner, I
believe?" Mr. Faulkner gave no reply to the question, and after a little
pause the solicitor went on: "Do you consider that, as a magistrate, Mr.
Faulkner, it comes within your province to abuse a prisoner unconvicted
of any crime?"</p>
<p>"I deny that I abused him," Mr. Faulkner said hotly.</p>
<p>"There is no occasion for heat, sir," Mr. Probert said quietly. "You are
in the position of a witness at present and not of a magistrate, and
must reply like any other witness. Well, you deny having abused him. Do
you consider that calling a gentleman of good standing in this town, the
son of a distinguished officer, a loafing young scoundrel, not abuse; or
by telling him that six months in one of His Majesty's jails would do
him a world of good?"</p>
<p>"I deny that I used those words."</p>
<p>"Well, sir, that is a question of pure credibility. It is possible that
I may be in a position to prove to the satisfaction of the bench that
you did use them, and many others of an equally offensive character. Mr.
Wyatt naturally resented such language, which you had no more right to
address to him than you would have to address to me. If a magistrate
forgets his position, and abuses a prisoner in the language of a
fish-fag, he must expect to be answered in the same way by anyone of
spirit. You say that, thereupon, he became abusive and used murderous
threats? Now we should like to hear a little more about this. First of
all, let us hear the abuse, will you? Tell the court, if you please,
Mr. Faulkner, what were the abusive expressions," he added.</p>
<p>"He said, sir, that I was a disgrace to the bench."</p>
<p>There was a general laugh in the court, which was instantly repressed.
Mr. Faulkner's eyes ran furiously over the crowded benches.</p>
<p>"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 did
he say next?"</p>
<p>"He said I was a curse to the whole neighbourhood."</p>
<p>"Again a mere matter of opinion."</p>
<p>"And after that that I was a sneaking, meddlesome, interfering old fox."</p>
<p>There was again a buzz of laughter, mingled with exclamations of "So you
are," "He wasn't far wrong;" upon which Colonel Chalmers directed the
constable to turn all the offending parties out of court. Some fishermen
nearest to the door were hustled out.</p>
<p>"Well, I am afraid that I must admit," Mr. Probert said, "that to call
you a meddlesome old fox was abusive, although nothing like so abusive
as to call a man a loafing young scoundrel. Now as to the threats."</p>
<p>"He said that I would be brought home one of these days with a bullet in
my body."</p>
<p>"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 the
bullet. Do you mean to tell the court that you had any reason to suppose
that this young gentleman, whose reputation is untarnished, and who has
never had a charge brought against him except the ridiculous one that
has just been dismissed, intended to imply by those words that he
himself had any idea of taking your life?"</p>
<p>"It might bear that construction."</p>
<p>"It might bear any construction in the mind of a man determined to see
everything in the worst possible light. It is a matter of public
notoriety, Mr. Faulkner, that you have received several threatening
letters, and that the active part you have taken against poachers and
smugglers has caused some feeling against you. Do you not think it
likely that when Mr. Wyatt used the words you have repeated he referred
to this circumstance?"</p>
<p>"A magistrate who does his duty must necessarily be unpopular with the
criminal classes."</p>
<p>"Possibly, Mr. Faulkner, though I have known many magistrates who did
their duty and who were by no means unpopular; but you have not answered
my question. Do you not think that in saying what he did Mr. Wyatt
simply alluded to the fact of your well-known unpopularity, and to the
threatening letters that you have received?"</p>
<p>"Possibly he did," Mr. Faulkner admitted reluctantly, "although that was
not my impression at the time."</p>
<p>"Well, then, unless there were further threats, as you call them, I
think we have disposed of the alleged abuse and the alleged murderous
threats. Now we come to the other charge. You thought that he was about
to strike you, and in self-defence gave him a blow. What made you think
that he was going to strike you?"</p>
<p>"He made a step towards me with a threatening gesture."</p>
<p>"Oh, I dare say that he was angry, but a gentleman who has been called a
loafing young scoundrel is somewhat apt to lose his temper. You might
even do so yourself, Mr. Faulkner, if so addressed. Well, then, he made
a step towards you; thereupon you struck him in the face, and judging
from his appearance you struck him pretty hard, and then you say he
caught you up and carried you along. It says a good deal for his
strength that he was able to do so. Now you say he carried you towards
the fire, and would have thrown you upon it had not some of the
coast-guardsmen interfered in time. Now, how do you know that that was
his intention?"</p>
<p>"I firmly believe that it was so."</p>
<p>"It is not a question of belief. You might believe that he was going to
throw you up to the moon. You struggled, I suppose—you would scarcely
submit to be carried like a baby—I imagine that is about the long and
short of it. But even if he had intended to throw you on the fire, which
certainly seems to be merely a matter of your imagination, you can
hardly pretend that had he carried out this intention that it would have
been murder. Surely with a score of your friends standing by, you would
have been hauled out immediately, none the worse except for a few singes
and 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 on
fire in order to throw a little light on the proceedings."</p>
<p>"I might have been very seriously burnt."</p>
<p>"Well, even supposing that you had been, that is not a question of
murder. I presume that you framed this indictment you have charged the
prisoner, 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 imaginary
intention of throwing you on the fire being carried out, it is clear
that the charge of murder must drop through. I have no further questions
to ask you, though I may have some remarks to make after having heard
your witnesses."</p>
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