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and that is all I know about him."
    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.
    "You say that the prisoner you first took, Mr. Wyatt, was taking no
active 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 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."
    The solicitor sat down. Then the chairman asked the witness if any arms
were 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, he
did not try to use it."
    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.
    "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."
    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