Part 62 (2/2)

”Certainly he was,” answered Sartoris.

”And he was my very good friend, sir,” added Summerhayes, turning to the Judge.

”So you have said,” said the Judge.

”Well, we've come to bail him out,” said the Pilot; ”that's what has brought us here. How much will it take, Judge?”

”A--really--this is very sudden,” replied the Judge. ”Er--this is--ah--most unusual. In fact, I might say that this is quite an unparalleled case.”

”We're plain, sea-faring men,” said Sartoris, who felt he was bound to back up the Pilot, and to say something; ”law isn't our strong point.”

”Would you consider a matter o' five thousand pound might do it?” asked the Pilot.

The old Judge leaned over his table, and took up a book.

”Bail?” he said. ”Page 249. Listen to this. 'On charges of murder, it is the uniform practice of Justices not to admit the person charged to bail; although in point of law, they may have power to do so.' That is from The Justice of the Peace--it seems perfectly plain.”

”You _may_ give bail, but you make a practice of refusing it,” commented the Pilot. ”Might I suggest that you set an example to the other Justices, an' come out strong in the matter o' bail? If you've got power to make the lot of a well-known citizen a little happier, why not use it? Hand over them notes, Sartoris.”

The Pilot emptied his pockets of all the money that Rose had handed him, and placed it on the Judge's table, and Sartoris contributed his quota to the pile.

”There you are, Judge,” said the Pilot, pus.h.i.+ng all the money towards the legal magnate, ”that should be enough to bail out a Member of the Legislative Council, or even the Governor himself. That should fix it.

But don't think, Judge, that me and Cap'n Sartoris is doing this thing.

No, sir, it's my dar'ter. She supplies the motive-power that works the machinery. All this money belongs to her. She it is that wishes to bail out this young man who, we believe, has been falsely accused.”

”Ah--really,” said the good old Judge, ”I must say--now listen to this: I have here the newest edition.” He took another and bulkier volume from his table. ”Page 66, section 176. Allow me to read. 'The exercise of discretion with respect to taking of bail for the appearance of an accused person, where such discretion exists--namely, in all crimes except treason, being accessory after the fact to treason'----”

”Yes,” interrupted the Pilot, ”that's the Law, an' very good it is, very good to them as understands it; but what Sartoris, my dar'ter, and me want is for you to let this young feller out of gaol till the trial, an'

we'll be responsible.”

A perplexed look came over the Judge's face. He took off his gla.s.ses, and wiped them; readjusted them; gave a bewildered look at the Pilot, and said, ”Yes, yes; but listen to what I am reading. The first question is whether bail ought to be taken at all; the second, what the amount should be.”

”Place it high, Judge,” said the Pilot. ”We've come prepared for that.

We've come prepared with seven thousand.”

”Really, this is most irregular,” complained the Judge, his finger marking the place on the page from which he was reading.

”The--ah--object of bail, that is the amount of bail should be sufficient to secure the appearance of the accused to answer the charge.” He had found his place, and read on determinedly, ”'And it may be remarked here, that it is not the practice in England, under any circ.u.mstances, to take bail on charges of murder.'”

”Jus' so, Judge,” said the Pilot. ”Jus' so. It's not the custom in England. That's as I should ha' thought. But here, where murders don't occur every day, you may grant it if you like. That's as I thought, just as I thought. What's your opinion, Cap'n Sartoris?”

”Same here,” said Sartoris, tapping his chest. ”I'm with you, Pilot; with you on every point.”

”Theoretically, that is so,” said the Judge, ”but practically, how are you going to a.s.sess bail for a man who is to be tried for his life? What amount of money will guarantee his reappearance? Why, no sum, however great.”

The Judge shut his book with a snap, and set his mouth firmly as one who had made up his mind.

<script>