Through Russian Snows: A Story of Napoleon's Retreat from Moscow. Henty George Alfred
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the fire?"
"I should think it very unlikely."
Mr. Faulkner sat down, and Mr. Probert rose.
"You think it very unlikely, Captain Downes, that Mr. Wyatt would deliberately have walked into the fire, and I quite share your opinion; but it has not yet been proved that he was deliberately going towards the fire at all. You say he lifted Mr. Faulkner in his arms. Now it seems to me that, having done so, he would not be able to see at all which way he was going, as Mr. Wyatt's eyes would both be on a level with Mr. Faulkner's chest; moreover, it must be evident that, judging from his present appearance, he could scarcely have seen anything at all, after receiving such a blow. Does it not strike you as being still more likely that, partially blinded as he was, and being unwilling to strike the magistrate in return, however much the latter had forfeited all claim to respect, he closed with him, and in the heat of passion lifted him up and carried him along at random?"
"I think that very likely," the lieutenant replied.
"Had you yourself been struck as the prisoner was struck, Captain Downes, what course do you think it would have been proper for you to pursue?"
"I don't know what would have been proper, but I know what I should have done. Magistrate or no magistrate, I should have knocked my assailant down, or at any rate I should have tried to."
"As a naval man, Captain Downes, you have had some experience of the conduct gentlemen generally observe to their prisoners. I presume that it is not their custom to strike them, even if they did make a somewhat free use of their tongues?"
"Certainly not," Captain Downes said emphatically.
"Would you go so far as to say that you would consider it to be a disgraceful and cowardly act?"
"I should so consider it."
There was again a murmur of applause in court, which was instantly arrested when Mr. Probert held up his hand deprecatingly. "Thank you, Captain Downes," he went on. "Now we come to the question of the quarrel that gave rise to this affair. Mr. Faulkner has not thought fit to ask you any questions about it. Were you standing close enough to hear what passed?"
"I was standing close by, and both Mr. Faulkner and the prisoner spoke loudly enough to be heard at such a distance."
"The magistrate first began the conversation?"
"He did."
"He used very strong language, did he not?"
"Very strong."
"Did you think that he was justified in using such strong language?"
"Certainly not; I thought that it was most improper."
"And do you think that a gentleman accosted so improperly is to be greatly blamed if he uses strong language in return?"
"It would no doubt have been better if he had held his tongue at the time, and have called him to account afterwards."
"Still the provocation was very strong, Captain Downes, and you could not altogether blame him."
"I did not blame him at all," the witness said curtly.
"And what did you think when Mr. Faulkner suddenly struck his prisoner in the face?"
"Am I to answer that question?" the witness asked the bench.
"I do not think that it is an improper question," the chairman replied.
"Very well, sir. Then, if I must say it, I thought it was one of the most blackguardly and cowardly things I ever saw done."
"Thank you, Captain Downes. I do not think it necessary to ask you any further questions."
"Have you any more witnesses to call, Mr. Faulkner?" the chairman asked coldly.
Mr. Faulkner's face was white with rage. "I have a dozen other witnesses," he said hoarsely, "but I have no doubt they will all follow the lead their officer has set them. I shall therefore call no more."
"I do not think, your worships," Mr. Probert said, rising, "that it is necessary for me to address you. I would only submit to you that there is not a shadow of evidence to support the charge of an attempt to murder. As to the abusive language, I cannot say that my client's words were a retort courteous, but they were only a retort natural, and were simply the consequence of the extraordinary conduct of Mr. Faulkner, acting at the time in his capacity of magistrate. As to the charge of threatening language, it is altogether absurd. My client simply asserted what is true by common report – that Mr. Faulkner had been threatened, and that it was possible that those threats might some day or other be carried into effect. I have only, therefore, to leave the case in the hands of your worships."
The two magistrates put their heads together for a short time. Then the chairman said: "The bench is of opinion that the charge of attempted murder is altogether without foundation, and that of abusive language and the use of threats should never have been brought, seeing that they were the result of what we cannot but consider the very ill-judged and improper conduct of the plaintiff. You are therefore discharged, Mr. Wyatt; but my colleague and myself cannot but again express a hope that this and the preceding charge may prove a lesson to you to avoid taking part, even as a spectator, in such breeches of the law as those which led to this very regrettable occurrence."
As the magistrate concluded, a roar of applause rose in the court. In vain the constables shouted for silence. The chairman at once ordered the room to be cleared, and at the same time motioned to Julian not to leave the court, as he was preparing to do. When the court was cleared, he called Julian up to him.
"I think, Mr. Wyatt," he said, "it would be as well for you to remain here for a time, and then go out by the back way. It would be very unfortunate if any demonstration took place. Enough harm has been done already; do not let us make it any worse."
"Certainly not, sir. I am heartily sorry for what has occurred," and beckoning to Frank, who was still seated at the solicitors' table, he retired with him to a waiting-room.
"Thank goodness, Julian, you have got out of that scrape."
"Thank goodness, indeed, Frank. I behaved like an awful fool, but I never dreamt that anything like this would come of it. I have been to see cargoes run several times. It was very good fun. I never helped in any way, and had always made up my mind that I would make myself scarce if the revenue people should turn up, but it all happened so suddenly that I was a prisoner before I knew what was going on. As to the other affair, no doubt it would have been better for me to have said nothing, but of course I knew that he had no right to say what he did, and I had not the least idea that he would hit me; when he did, I went at him in a fury, and I don't mind acknowledging that I did intend to chuck him in the fire – not with any idea of killing him, you know, though I did think he would be burnt a bit."
"It was lucky you sent for Probert, Julian; I had never thought of it."
"No more did I, Frank. I was perfectly astonished when he got up and said that he appeared for me, but I supposed that Aunt or you had sent for him."
"I am sure Aunt didn't, or she would have told me."
"I should not be surprised, Frank, if it were Captain Downes. In the first place, he was a friend of Father's, and in the next place, because he is heartily sick of Faulkner's constant interference and the way he goes on. I expect that if Mr. Moorsby had got up he would have said just the same things."
"I will leave you here for a few minutes, Julian. I must run round and tell Aunt; she is in a fearful stew about you."
Frank ran out at the main entrance. A number of fishermen were hanging about outside. Bill came up to him:
"Isn't Mr. Julian coming out, Master Frank?"
"Not at present. The magistrates don't want any fuss in the streets, no more does my brother, and he will stay there till every one has cleared off, so the best thing you can do, Bill, is to persuade the others to go off home. Julian knows well enough that you are all pleased that he has got off, but you see if there were a fuss got up about it in the streets it would do him harm and not good."
"All right, sir, I will get them off. They just wanted to give him a cheer."
"Well,