"Bravo! Go it, Spiller!" called out the sympathiser at the back, whose sporting instincts were too strong for him. This time he was surrounded by ushers and ejected.
"But, sir," continued counsel, when quiet had again been restored, "I must emphasize a point which has been completely and unaccountably lost sight of by the prosecution. Not one of the articles taken by my clients has been retained by them for longer than twenty-four hours. Within that period every article has been restored to its owner. Restitution has always been made, and compensation given whenever compensation was necessary.
"We in this court have many times had occasion to admire the abilities of Mr. Marvell as a detective, but I would now suggest that he should go through a course of Stephen's 'Commentaries' in order to obtain a little knowledge of the law which he is in the constant habit of putting into force. I cannot too strongly denounce the unwarrantable action of Scotland Yard in submitting my clients to the indignity of an arrest and these proceedings upon the evidence in their possession. They must know—or their office-boy or charwoman is capable of instructing them in the fact—that by English law no person can be guilty of larceny who does not intend permanently to deprive its owner of the article of which he has gained possession. Mere conversion, though accompanied by trespass, is nothing more than a civil wrong, for which possibly my clients might be liable to a farthing damages.
"Surely," concluded Mr. Spiller, "life is dull and prosaic enough without this high-handed and unwarranted attempt of Scotland Yard to extinguish an original, if not laudable, effort on the part of my clients to add to the dexterity and the gaiety of the nation. Your worship, I submit there is no evidence against my clients, and ask for the immediate discharge of the prisoners."
As Mr. Spiller spoke, the countenance of the prosecuting counsel was observed to become exceedingly gloomy, while Mr. Marvell's complexion turned distinctly green.
"MR. MARVELL . . . THANKED THE COMPANY FOR THE GIFT, WHICH HE WOULD TREASURE."
([p. 280])
Then the magistrate spoke. He began with the usual reprimand to the spectators, and the usual threat to have the place cleared if the ordinary decencies of a Court of Justice were not maintained. Then he turned to the prisoners, and said:
"I am sorry to see men of your social position in the dock before me, but you have only yourselves to thank for it. Your counsel has spoken of your laudable and original effort to add to the gaiety of the nation. People's idea of humour varies, and, personally, I see nothing very funny in what you have done. I certainly think that your efforts might have been more worthily engaged. Some of you are members of the Houses of Parliament, and I really do not know how you reconcile this club with your position as the law-makers of the land; but of course it may be that this is part of the humour to which your counsel referred. With regard to the legal aspect of the matter, it is clear that no criminal offence has been committed, though if Lord Lothersdale desires, you may have to answer elsewhere a claim for damages. You are discharged."