George Henty - Through Russian Snows - A Story of Napoleon's Retreat from Moscow

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.

"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."

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.

"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."

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.

"What is it?" he whispered to Mr. Probert.

"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."

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.

"Silence!" the chairman said angrily. "If I hear any repetition of this indecent 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, 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."

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?"

"I deny that I abused him," Mr. Faulkner said hotly.

"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?"

"I deny that I used those words."

"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.

"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 did he 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 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.

"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."

"He said that I would be brought home one of these days with a bullet in my 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 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?"

"It might bear that construction."

"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?"

"A magistrate who does his duty must necessarily be unpopular with the criminal classes."

"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?"

"Possibly he did," Mr. Faulkner admitted reluctantly, "although that was not my impression at the time."

"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?"

"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 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?"