"The clerk informs me," he said, "that he remembers the case quite well; and that the warrant was dropped because the officer entrusted with the execution of it, after having pursued the fugitive into Italy, found him there in a dying state, and subsequently saw his dead body and witnessed his funeral. Do you admit these facts or do you not, sir?"
"I admit that the officer saw a dead body, which he was told was that of Henry Hayley," Mr. Scriven replied; "and he might witness the funeral for aught I know; but I maintain that there was a juggle in all this."
"Well, sir," answered Mr. Hargrave, "this is, at all events, strong presumptive evidence that Colonel Middleton cannot be Henry Hayley."
"Of course," said Colonel Mandrake; "for if Henry Hayley died in Italy, Henry Hayley cannot be living here. We have not yet come to the resurrection of the just, Mr. Scriven."
"We may have come to the resurrection of the unjust, however," replied Mr. Scriven, uttering a joke, for the first time in his life; "and that, I think, I can prove, notwithstanding all opposition."
"We must certainly have more evidence, or dismiss the charge," said Mr. Hargrave: "there is nothing before us which we can either deal with ourselves or send to another court. I say this much, although Colonel Middleton has not yet commenced his defence."
"Well, then, more evidence you shall have," answered Mr. Scriven. "I will beg you to send for the man whom we brought hither from London in our chaise."
This request was immediately complied with; and in a minute or two the worthy gentleman who has been named Sam was brought into the room, with Mr. Scriven's servant, who had received especial directions not to lose sight of him, following close upon his heels.
This worthy personage, being brought to the table and sworn, declared that his name was Samuel Nugent, and that he was by trade a general dealer. He said, also, that on a certain night which he named he was crossing over Frimley Common, when he accidentally kicked something with his foot, which on examination he discovered to be a pocket-book; that in it he found a number of papers, which he proceeded to describe, and all of which, as he stated, tended to show that Henry Hayley and Colonel Middleton were the same person.
"The book itself," said the man, "and a good many of the things in it, I threw away; but I kept these, because I thought they were curious, and then a friend of mine told me I might turn a penny by them."