Through Russian Snows: A Story of Napoleon's Retreat from Moscow

by G. A. Henty

"No, sir."

"Not even a stick?"

"I won't say as he may not have had a bit of a stick, your honour, though I did not notice it, his hands being in his pockets; anyhow, he did not try to use it."

Wilkens was the next witness, and his evidence, as far as Julian was concerned, was precisely similar to that of the coxswain. Against the seven men of the lugger the evidence was conclusive. All had resisted desperately, and this had enabled several of their party to make their escape in the darkness. The Weymouth fisherman had been caught coming up from the beach with a keg on his shoulder, and had thrown it down and attempted to run away, but had made no resistance when he had been taken; the two farm men had been captured at their horses' heads, and had at once surrendered. When the evidence had been gone through, Mr. Probert addressed the court on behalf of Julian. He urged that there was no evidence whatever to show that he was concerned either in the smuggling operations or in the resistance to the revenue officers.

"I do not pretend," he said, "that he was there by accident; but I maintain that he was there simply in the capacity of a looker-on. He stands, in fact, precisely in the same position that any member of the general public might do, who had been present as a spectator at any sort of riot. It is unquestionably a very unwise action on the part of any individual to attend a meeting of any sort at which it is possible that riotous proceedings may take place, but I maintain that, however imprudent and foolish, there is nothing criminal in his doing so, and I am sure that there is no case on record in which a man has been punished for his presence at a riot in which he did not participate. My client acted foolishly, but I ask the court to say that his foolishness was not criminal. He had accidentally learned that there was to be a landing of contraband goods, and, with the thoughtlessness of youth, he went to see what he considered the fun. Even if there had been a shadow of criminality in his being present, I should ask you to say that the unpleasant experience that he has undergone—his detention for twelve hours in a police cell, and his appearance here—is ample punishment for his boyish escapade, which might have been committed by any high-spirited young fellow of nineteen."

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.