hard cash-第144部分
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w that rowed a midshipman from the _Vulture_ alongside a merchant ship to search for David Dodd。 He heard the name and circumstance mentioned in the boat； but the very name was new to him。 He remembered it； but only from that hour； and told his loving tyrant； Georgie White； they had been overhauling a merchant ship and looking for one David Dodd。
It was about Midsummer the _Vulture_ anchored off one of the South Sea islands； and sent a boat ashore for fruit。 Billy and his dearly beloved little tyrant； Georgie White； were among the crew。 Off goes Georgie to bathe； and Billy sits down on the beach with a loving eye upon him。 The water was calm： but the boy with the heedlessness of youth stayed in it nearly an hour： he was seized with cramp and screamed to his comrades。 They ran； but they were half a mile from the boat。 Billy dashed into the water and came up with Georgie just as he was sinking for the last time； the boy gripped him； but by his great strength he disentangled himself and got Georgie on his shoulders； and swam for the shore。 Meantime the sailors got into the boat； and rowed hastily towards them。
Now Billy was undermost and his head under water at times； and Georgie； some thought； had helped strangle him by gripping his neck with both arms。 Anyway； by the boy's account； just as they were getting into shallow water； Billy gave a great shriek and turned over on his back； and Georgie paddled with his hands； but Billy soon after this sunk like a dead body while the boat was yet fifty yards off。 And Georgie screamed and pointed to the place； and the boat came up and took Georgie in； and the water was so clear that the sailors saw Billy lie motionless at the bottom； and hooked him with a boat hook and drew him up； but his face came up alongside a deadly white； with staring eyes； and they shuddered and feared it was too late。
They took him into a house and stripped him； and rubbed him； and wrapped him in blankets； and put him by the hot fire。 But all would not do。
Then； having dried his clothes； they dressed the body again and laid him in the boat； and cast the Union Jack over him； and rowed slowly and unwillingly back to the ship； Georgie sobbing and screaming over the body； and not a dry eye in the boat。
The body was carried up the side； and uncovered； just as Mrs。 Dodd saw in her dream。 The surgeon was sent for and examined the body： and then the grim routine of a man…of…war dealt swiftly with the poor skipper。 He was carried below to be prepared for a sailor's grave。 Then the surgeon walked aft and reported formally to the officer of the watch the death by drowning of William Thompson。 The officer of the watch went instantly to the captain in his cabin and reported the death。 The captain gave the stereotyped order to bury him at noon next day； and the body was stripped that night and sewed up in his hammock； with a portion of his clothes and bedding to conceal the outline of the corpse； and two cannon balls at his feet； and so the poor skipper was laid out for a watery grave； and covered by the Union Jack。
I don't know whether any of my amorous young readers are much affected by the catastrophe I have just related。 If not； I will just remind them that even Edward Dodd was prepared to oppose the marriage of Julia and Alfred； if any serious ill should befall his father at sea； owing to Alfred's imprudent interference in rescuing him from Drayton House。
CHAPTER L
LAW
MINUTE study of my fellow…creatures has revealed to me that there are many intelligent persons who think that a suit at law commences in court。 This is not so。 Many suits are fought and decided by the special pleaders； and so never come into court； and； as a stiff encounter of this kind actually took place in Hardie _v。_ Hardie； a word of prefatory explanation may be proper。 Suitors come into court only to try an issue： an issue is a mutual lie direct： and towards this both parties are driven upon paper by the laws of pleading； which may be thus summed： 1。 Every statement of the adversary must either be contradicted flat； or confessed and avoided： 〃avoided〃 means neutralised by fresh matter。 2。 Nothing must be advanced by plaintiff which does not disclose a ground of action at law。 3。 Nothing advanced by defendant； which； if true； would not be a defence to the action。 These rules exclude in a vast degree the pitiable defects and vices that mark all the unprofessional arguments one ever hears； for on a breach of any one of the said rules the other party can demur； the demurrer is argued before the judges in Banco； and； if successfully； the faulty plaint or faulty plea is dismissed； and often of course the cause won or lost thereby； and the country saved the trouble； and the suitors the expense of trying an issue。
So the writ being served by Plt。's attorney； and an appearance put in by Deft。's； the paper battle began by Alfred Hardie； through his attorney； serving on Deft。's attorney 〃THE DECLARATION。〃 This was drawn by his junior counsel； Garrow； and ran thus； after specifying the court and the date：
_Middlesex to wit_ Alfred Hardie by John Compton his attorney sues Thomas Hardie For that the Deft； assaulted Plt。 gave him into custody to a certain person and caused him to be imprisoned for a long space of time in a certain place to wit a Lunatic Asylum whereby the Plt。 was much inconvenienced and suffered much anguish and pain in mind and body and was unable to attend to his affairs and was injured in his credit and circumstances。
And the Plt。 claims L。 5000。
Mr。 Compton conveyed a copy of this to Alfred； and said it was a sweet 〃declaration。〃 〃What；〃 said Alfred； 〃is that all I have suffered at these miscreants' hands？ Why； it is written with an icicle。〃
Mr。 Compton explained that this was the outline： 〃Counsel will lay the colours on in court as thick as you like。〃
The defendant replied to the above declaration by three pleas。
By statute 8 & 9 Vic。； c。 100； s。 105。
1。 The Deft。 by Joseph Heathfield his attorney says he is not guilty。 2。 And for a further Plea the Deft； says that before and at the time of the alleged imprisonment Plt； was a person of unsound mind and incompetent to take care of himself and a proper person to be taken care of and detained and it was unfit unsafe improper and dangerous that he should be at large thereupon the Deft； being the uncle of the Plt。 and a proper person to cause the Plt。 to be taken charge of under due care and treatment in that behalf did cause the Plt。 to be so taken charge of and detained under due care and treatment； &c。 &c。
The third plea was the stinger； but too long to cite _verbatim；_ it went to this tune； that the plaintiff at and before the time &c。 had conducted himself like a person of unsound mind &c。 and two certificates that he was insane had been given by two persons duly authorised under the statute to sign such certificates； and the defendant had believed and did _bona fide_ believe these certificates to be true； &c。 &c。
The first of these pleas was a mere formal plea； under the statute。
The second raised the very issue at common law the plaintiff wished to try。
The third made John Compton knit his brows with perplexity。 〃This is a very nasty plea；〃 said he to Alfred： 〃a regular trap。 If we join issue on it we must be defeated； for how can we deny the certificates were in form； and yet the plaguy thing is not loose enough to be demurred to？ Colls； who drew these pleas for them？〃
〃Mr。 Colvin； sir。〃
〃Make a note to employ him in our next stiff pleading。〃
Alfred was staggered。 He had thought to ride rough…shod over defendanta common expectation of plaintiffs； but seldom realised。 Lawyers fight hard。 The pleas were taken to Garrow； he said there was but one course； to demur to No。 3。 So the plaintiff 〃joined issue on all the defendant's pleas； and as to the last plea the plaintiff said the same was bad in substance。〃 Defendant rejoined that the same was good in substance； and thus Hardie _v。_ Hardie divided itself into two cases； a question of law for the judges； and an issue for the mixed tribunal loosely called a jury。 And I need hardly say that should the defendant win either of them he would gain the cause。
Postponing the history of the legal _question；_ I shall show how Messrs。 Heathfield fought off the _issue；_ and cooled the ardent Alfred and sickened him of law。
In theory every Englishman has a right to be tried by his peers： but in fact there are five gentlemen in every court； each of whom has by precedent the power to refuse him a jury； by simply postponing the trial term after term； until the death of one of the parties； when the action； if a personal one； dies too； and； by a singular anomaly of judicial practice； if a slippery Deft。 can't persuade A。 or B。； judges of the common law court； to connive at what I venture to call
THE POSTPONEMENT SWINDLE；
he can actually go to C。； D。； and B。； one after another； with his rejected application； and the previous refusal of the other judges to delay and baffle justice goes for little or nothing； so that the postponing swindler has five to one in his favour。
Messrs。 Heathfield began this game unluckily。 They applied to a judge in chambers for a month to plead。 M
