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