Part 42 (1/2)

On the day of the trial Rufus discovered that he had made a mistake in treating the matter so lightly. The prosecution had succeeded in working up a case. He was amazed when he discovered that he was charged, not only with a.s.sault but with drunkenness, and that the charge of drunkenness was sworn to by at least two witnesses. The terms of the indictment, by some oversight, had been furnished him too late for him to supply reb.u.t.ting evidence. He had only his simple word of denial, and that stood him in no stead.

Gervase swore that the accused struck him without warning and without provocation; that, in fact, he was given no time to defend himself, that almost before he knew what had happened he was lying on the ground bruised and bleeding. The accused, who was clearly mad with drink, sprang upon him out of the darkness, and felled him with a single blow, and but for the interposition of his gardener, Micah Martin, he had little doubt would have killed him.

Micah corroborated his young master's evidence. He heard a cry for help, and running out saw the Captain on his back with the prisoner's knee on his chest. He was not absolutely certain as to the latter point, but that was his impression. Seeing him the prisoner staggered away, and leaned against a gate. He seemed to be just mad drunk, and in his judgment did not quite know what he was doing.

The next witness was Timothy Polgarrow, barman at the ”Three Anchors.”

He swore that he supplied the prisoner with two whiskies on the evening in question; that he appeared to be excited when he came into the public-house bar, but quite sober. After the second whisky, however, he showed signs of intoxication so that a third whisky which he demanded was refused. It was quite early in the evening when he called, not much after dark. He was able to walk fairly straight when he left the ”Three Anchors,” but appeared to be terribly angry that he was refused any more drink.

Timothy gave his evidence glibly, and with great precision, and stuck to what he called his facts with limpet-like tenacity.

Rufus startled the court, and horrified the magistrates by asking Tim how much the Captain had paid him for committing perjury.

Rufus denied that he had ever crossed the threshold of the ”Three Anchors.” He had pa.s.sed it on the evening in question on his way home from Redbourne, but he did not even slacken his pace, much less call.

Tim, however, stuck to his story, and was quite certain that he was not mistaken in his man.

As to the a.s.sault there could be no doubt. The Captain's face bore evidence of the severity of the attack. Rufus did not deny striking him and knocking him down, but persisted that Gervase was the aggressor.

”But why should he attack you?” the chairman asked.

”He accused me of something which I very much resented.”

”What did he accuse you of?”

”I decline to say.”

”Why do you decline?”

”Because it would introduce a name that I would not on any account have mixed up in this sordid affair.”

”Oh! indeed.” And the Bench smiled in an ultra superior way.

”Well, when he accused you of something you very much resented what did you do?”

”I called him a liar.”

”Yes?”

”This angered him, and he struck at me.”

”And what then?”

”I dodged the blow, and struck back.”

”He didn't dodge the blow, I suppose?”

”It appears not by his appearance.”

There was laughter in court at this reply, which was instantly suppressed.