"Because it was the second offence," said Squire Jollyboat.
"The second! Lord bless you, sir!" answered the major, with a look of cool contempt; and turning round with a wink to his two companions, they all three laughed joyously, as if it were the finest joke in the world.
It might not be very interesting to the reader were we to give in detail the depositions of the various witnesses upon a common case of smuggling in the last century, or to repeat all the various arguments which were bandied backwards and forwards between the magistrates, upon the true interpretation of the law, as expressed in the 9th George II., cap. 35. It was very evident, indeed, to the officers of Customs, to the serjeant of dragoons, and even to the prisoners themselves, that the worthy justices were disposed to take as favourable a view of smuggling transactions as possible. But the law was very clear; the case was not less so; Mowle, the principal riding officer, was a straightforward, determined, and shrewd man; and although Sir Robert Croyland, simply with a view of protracting the investigation till Mr. Radford should arrive, started many questions which he left to the other magistrates to settle, yet in about half an hour the charge of smuggling, with riot, and armed resistance to the Custom-House officers, was clearly made out against the major and his two companions; and as the act left no discretion in such a case, the resistance raising the act to felony, all three were committed for trial, and the officers bound over to prosecute.
The men were then taken away, laughing and jesting; and Sir Robert Croyland looked with anxiety for the appearance of the next party; but two other men were now introduced without Richard Radford; and the worthy baronet was released for the time. The case brought forward against these prisoners differed from that against those who preceded them, inasmuch as no resistance was charged. They had simply been found aiding and abetting in the carriage of the smuggled goods, and had fled when they found themselves pursued by the officers, though not fast enough to avoid capture. The facts were speedily proved, and, indeed, much more rapidly than suited the views of Sir Robert Croyland. He therefore raised the question, when the decision of the magistrates was about to be pronounced, whether this was the first or the second offence, affecting some remembrance of the face of one of the men. The officers, also, either really did recollect, or pretended to do so, that the person of whom he spoke had been convicted before; but the man himself positively denied it, and defied them to bring forward any proof. A long discussion thus commenced, and before it was terminated the baronet was relieved by the appearance of Mr. Radford himself, who entered booted and spurred, and covered with dust, as if just returned from a long ride.
Shaking hands with his brother magistrates, and especially with Sir Robert Croyland, he was about to seat himself at the end of that table, when the baronet rose, saying, "Here, Radford, you had better take my place, as I must positively get home directly, having important business to transact."
"No, no, Sir Robert," replied that respectable magistrate, "we cannot spare you in this case, nor can I take that place. My son, I hear, is charged with taking part in this affair; and some sharp words have been passing between myself and that scoundrel of a fellow called Clinch, the officer, who applied to me for aid in searching the Ramleys' house. When I agreed to go with him, and found out a very snug place for hiding, he was half afraid to go down; and yet, since then, he has thought fit to insinuate that I had something to do with the run, and did not conduct the search fairly."
The magistrates looked round to each other and smiled; and Radford himself laughed heartily, very much as if he was acting a part in a farce, without any hope or expectation of passing off his zeal in the affair, upon his fellow magistrates, as genuine. Mowle, the officer, at the same time turned round, and spoke a few words to two men who had followed Mr. Radford into the room, one of whom shrugged his shoulders with a laugh, and said nothing, and the other replied eagerly, but in a low tone.
Sir Robert Croyland, however, urged the necessity of his going, put his watch in his pocket, and buttoned up his coat. But Mr. Radford, assuming a graver air and a very peculiar tone, replied, "No, no, Sir Robert; you must stay, indeed. We shall want you. Your known impartiality will give weight to our decisions, whatever they may be."
The baronet sat down again, but evidently with so much unwillingness, that his brethren marvelled not a little at this fresh instance of the influence which Mr. Radford exerted over his mind.
"Who is the next prisoner, Mr. Mowle?" demanded Sir Robert Croyland, as soon as he had resumed his seat.