It was doubtless very wrong for him to reply thus, as any moralist will point out, since it is a man's duty to help enforce the laws by bringing criminals to justice. But he answered according to his own conscience; and after the craven talk of Joseph Kirk, the lad's frank and honest statement pleased perhaps even my Lord the Judge, sitting high above the court, who frowned because his position demanded frowns. Surely loyalty ranks high among the virtues and great credit is due to a keen sense of personal honour. But there then came from his talk a result that neither he nor any other had foreseen.
Up sprang Tom Jordan. "My lord," he cried, "I pray thee for leave to speak!"
To the frowns and chidings of the officers who forced him down again, he paid no heed. A tumult rose in the room, for they had hurled the Old One back and clapped hands over his mouth; but out of the struggle came again the cry, "My lord! My lord!" and His Lordship, calling in a loud voice for order and silence, scowled and gave him the leave he asked.
As Martin had said long before, Tom Jordan was an ugly customer when his temper was up and hot, but no man to nurse a grudge.
"I thank you, my lord," said he, the while smoothing his coat, which had wrinkled sadly in the scuffle. "Though I must hang I desire to see justice done. It lay in the power of this Philip Marsham to have added to the tale of our sins and the sum of our woes; wherefore, since he hath had the spirit to refrain from doing thus, why, my lord, I needs must say that he hath spoken only the truth. He was a forced man, and having a liking for him, since he is a lad of spirit, I would have had him join us heart and soul. 'Tis true likewise that he ran away from our ship and turned his hand against us, and for that I would have let him hang with these other tall fellows but for the brave spirit he hath shown. But as for yonder swine—yea, thou, Joe Kirk! Quake and stare!—he hath done more mean, filthy tricks to earn a hanging than any other gentleman of fortune, I believe, that ever sailed the seas."
"Not so, my lord!" Joe Kirk yelled. "He fears me for my knowledge of his deeds! Help! Hold him—hold him!"
Tom Jordan swore a great oath and Joe Kirk leaped up in his seat, white and shaking, and cried over and over that it was all a lie, and there was a merry time of it before the attendants restored peace.
And then, to the further amazement of all in the court, Captain Charles Winterton again rose.
"If I may add a word, my lord? Thank you, my lord. I observed that when the prisoners went below their manner toward this man Marsham was such as to lend a certain plausibility to his story. They took, in short, so vindictive a delight in his misfortunes that even then it seemed not beyond reason that his tale was true and that he had indeed left them without leave. That, of course, proves nothing with regard to his being a forced man; but it is a matter of common justice to say that, in consideration of all that I have seen before and of that which I have this day heard, I believe he hath told the truth both then and now. Thank you, my lord."
Such a hullabaloo of talk as then burst forth among the spectators, and such learned argument as passed between the proctors and the Lieutenant of Admiralty and His Lordship the Judge, surpass imagination. Some quoted the Latin and the Greek, while others of less learning voiced their opinions in the vulgar tongue, so that all in all there was enough disputation to fuddle the wits of a mere layman by the time they gave the case to the jury.