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?"

"I firmly believe that it was so."

"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."

"I might have been very seriously burnt."

"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."

CHAPTER III
IN A FRESH SCRAPE

The first witness called by Mr. Faulkner was Captain Downes.

"Will you tell us what you know about this affair?" the chairman said.

"After having captured the smuggler, I took six men and went up to see if I could be of any assistance to Mr. Moorsby, and also to hear whether he had been as successful with his capture as I had. I found that everything was over, and that a fire had been lighted. I was talking to Mr. Moorsby when my attention was excited by loud words between Mr. Faulkner and Mr. Wyatt, with whom I am acquainted. Mr. Faulkner struck him in the face, and there was a scuffle, the prisoner lifting the magistrate, although a much heavier man, completely off his feet. In the course of the scuffle they approached the fire, and being afraid that they might fall into it, I ran up with Mr. Moorsby and some of the men, and pulled them away."

"Did it seem to you, Captain Downes, that the prisoner was carrying Mr. Faulkner straight to the fire?"

"He was certainly going straight in that direction, but whether intentionally or not I am unable to say."

"Do you think that if you and your men had not interfered they would have fallen into the fire?"

"I think they would certainly have done so."

"Do you think that the prisoner intended to throw Mr. Faulkner into the fire?"

"That I cannot say."

"Have you any questions to ask the witness, Mr. Faulkner?" the chairman asked.

"You do not think it likely, I suppose, that the prisoner could have intended himself to tumble into 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, they did that in Court, Bill, and you know that he appreciates their good intentions. Well, I must be off."

Mrs. Troutbeck was still on the watch. However, she did not come to the door. Frank opened it, and ran into the parlour. His Aunt had dropped into a chair, with her handkerchief to her eyes.

"So he has not come back with you, Frank. It is dreadful. What are they going to do with him?"

"They are not going to do anything, Aunt. He has been acquitted. Only he did not come home with me because there are a lot of sailors waiting outside to cheer him, and the magistrates did not want a row over him, nor did Julian either. I have just run home to tell you that it is all right, and now I am going back for him. I expect by the time I get there they will all have gone, and we may be home in a quarter of an hour, so I think, Aunt, the best thing you can do is to get tea ready, for I don't expect he has had much to eat there, or any appetite to eat it."

It was good advice, for Mrs. Troutbeck was on the point of going into hysterics from joy and relief. However, the thought of the necessity for getting a good meal to welcome Julian on his arrival turned her thoughts into another channel, and, wiping her eyes hastily, she rose and gave directions, while Frank started again for the court-house. The fishermen had left, but there were still a number of boys about the place. The private entrance was, however, free from observers, and the brothers started at once, keeping to the back streets until they neared the house.

"My dear Julian," Mrs. Troutbeck exclaimed as she threw her arms round his neck, "what a relief it is to have you back again. It has been terrible for you."

"It hasn't been very pleasant, Aunt," he replied cheerfully, "but it is all right now, and certainly I ought not to grumble. I have had better luck than I deserved. I was a fool to go there, but I did not think that there was any real chance of the revenue people coming down upon us. It was thought they had been thrown off the scent altogether."

"What a dreadful face you have got, Julian!"

"Oh, that is nothing, Aunt; it will go off in a few days, and until it has I must either stay indoors or keep out of the town altogether."

"I am afraid tea won't be ready for a few minutes, Julian. You see I have had such a very short notice."

"I can hold on comfortably, Aunt; besides, I have got to have a change and a wash. That is of more importance than tea just at present."

After the meal was over, Frank gave the details of the examination, the narrative being very frequently stopped by exclamations and questions on the part of Mrs. Troutbeck.

"I have never heard of such a wicked thing. The idea of that man charging you with attempting to murder him! Julian, he ought to be punished for it."

"I fancy he has been punished, Aunt. I don't see how he is to keep his commission as a justice after what was said in court. Still, it is a bad thing for me. I was discharged, but it will always be against me. If I ever get into any sort of trouble again, people will say: 'Ah, yes; he was charged with attempting murder when he was a young fellow, and although he was lucky enough to get off then, there must have been something in it. He is evidently a man of ungovernable temper.'"

"But, my dear Julian, everyone knows that you have a very sweet temper."

"I was not in a sweet temper then at any rate, Aunt."

"Of course not, Julian. I should not have been so myself if anyone had hit me such a terrible blow as that in the face."

Her nephews both laughed, for they had never seen her ruffled out of her usual serenity.

"Well, Aunt, don't let us talk any more about it," Julian said. "I would give a good deal if it hadn't happened. As it is, one must make the best of it, and I hope that it will be forgotten in time. I wish now that I had gone into the army, but it is too late for that. I shall think over what I had best take to. I should certainly like to get away from here until it has blown over altogether."

On the following morning Frank met Captain Downes, and learned that he was right in his conjecture, and that it was he who had retained Mr. Probert's services in Julian's behalf before the magistrates.

For the next few days Julian kept in the house, except that after nightfall he went out for a long walk. The report of the proceedings in the court had caused a great sensation in Weymouth, and the feeling was so strong against Mr. Faulkner that he was hooted in the streets when he rode into the town. The general expectation was that he would resign his position on the bench; and when at the end of a week he did not do so, a private meeting of the other magistrates was held, and it was whispered in the town that a report of the proceedings at the court had been sent to the Home Secretary, with an expression of opinion that Mr. Faulkner's brother magistrates felt that they could not sit again with him on the bench after what had taken place.

Ten days after the affair Julian started early one morning for a day's rabbit-shooting at the house of a friend who lived some six miles up the valley. Some snow fell in the course of the afternoon and put a stop to shooting, and he started to walk home. When he was within a few hundred yards of Mr. Faulkner's place he heard a horse coming along behind him. The snow that had fallen had deadened the sound of the hoofs on the road, and, looking round, he saw Mr. Faulkner riding fast, at a distance of but fifty yards away. Had he caught sight of him sooner Julian would have left the road and entered the wood to avoid him, but it was too late now, and he hoped that at any rate the man would pass on without speaking. The horseman had apparently not recognized Julian until he came abreast of him, when, with a sudden exclamation, he reined in his horse.

"So it is you, Julian Wyatt?" he said, in a tone of suppressed fury.

"It is I, Mr. Faulkner," Julian replied quietly; "and as I don't want to have anything to say to you, I think that you had better go on your way without interfering with me."

"Mark my words, you young scoundrel, I will be even with you yet."

"The debt is not all on your side, Mr. Faulkner. I, too, have got a debt to pay; and perhaps some day we may square matters up, when you have not got a score of coast-guardsmen at your back. However, I am content to leave matters as they are so long as you do the same. As to your owing a debt to me, it is yourself you have to thank for the trouble you have got into; it was no doing of mine. However, I warn you that you had better abstain from insulting me again. I did not strike you back when you hit me last time, but if you call me scoundrel again you shall see that I can hit as hard as you can, and I will teach you to keep a civil tongue in your head."

"You mark my words," Mr. Faulkner repeated. "I will have you watched, and I will hunt you down, and if I am not mistaken I will put a rope round your neck one of these days." So saying, he struck spurs into his horse and galloped on.

Julian stood looking after him until he saw him turn in at his gate. The drive to the house led, as he knew, diagonally through the wood, and as he walked forward he heard the horse's galloping hoofs grow louder and louder. Suddenly there was the report of a gun some seventy or eighty yards away. It was mingled with that of a sudden cry, and Julian heard the horse galloping on even faster than before. With an exclamation of "Good heavens! something has happened!" he broke through the hedge and ran in the direction of the sound. As he approached it he thought that he caught sight of a man running through the trees, but he kept straight on until he came upon the drive. Twenty yards away Mr. Faulkner lay stretched on the ground. He went up to him, and stooped over him. His eyes were closed, and as he lay on his back Julian saw blood oozing through a bullet-hole in his coat high up on the left side of the chest.

Feeling sure that Mr. Faulkner was dead he started up, and without a moment's hesitation ran into the wood again, in the direction where he had thought that he had seen a figure. A minute later he came upon some footprints on a bare spot between the trees, where the snow had fallen lightly. Noting the direction they took, he followed at once. He saw no more signs of footprints, but followed the direction as nearly as he could until he came to the farthest side of the wood; then he leaped out into the field beyond, and followed the edge of the wood until he again reached the road. He then turned and went back again, and fifty yards from the point where he had first run out he came upon the footprints again.

"He was going to take to the hills, he muttered," as he set off along the track. He ran at a trot, and as he went, loaded both barrels of his gun. "Very likely the villain will show fight," he said to himself; "I must take him by surprise if I can."

After a quarter of a mile's run he reached the foot of the hill, and near its crest, three-quarters of a mile away, caught sight of the figure of a man. A moment later he had passed over the crest. Julian started at full speed up the hill. There was no need to follow the footprints now; indeed the strong wind that was blowing had swept the snow into the hollows, and the face of the hill was bare. When he reached the top of the hill he had decreased his distance considerably. He saw to his surprise that the man was bearing to the right, a course that would ere long bring him to the edge of the cliff. The run up the hill had left him breathless, and for some time the man, who was also running, fully maintained his lead. Then Julian began to gain upon him. The man had again changed his course, and was now going parallel with the line of cliffs. Three miles from the point where he had reached the top Julian was within a quarter of a mile of him. He would have caught him before this, had he not been obliged at times to make detours so as to avoid passing high ground, where the man, if he looked back, would have perceived him. By this time he was almost sure that the fugitive was a poacher, who had been recently released from a term of two years in prison for poaching in Mr. Faulkner's preserves. At last he saw him turn sharp to the right again. "Where on earth is he going?" Julian said to himself. "The cliffs are not many hundred yards away."

Hitherto he had supposed that the man was keeping away from the cliff to avoid meeting any of the coast-guards who would be on duty there, but this change of direction puzzled him completely. Keeping his eye on the poacher, he saw him enter a small clump of bushes, from which he did not emerge. Julian at once slackened his pace down to a walk. It was likely enough that the man had noticed that he was being pursued, and had determined to rid himself of the pursuer. It was not a pleasant idea, that the fellow might now be kneeling among the bushes with his gun at his shoulder.