Booth was in such confusion that he scarce made any answer, and now appeared the justice and his clerk, and immediately afterwards the constable with his prisoner, the bailiff, and as many more as could possibly crowd up-stairs.
The doctor now addressed himself to the sick man, and desired him to repeat the same information before the justice which he had made already; to which Robinson readily consented.
While the clerk was taking down the information, the attorney expressed a very impatient desire to send instantly for his clerk, and expressed so much uneasiness at the confusion in which he had left his papers at home, that a thought suggested itself to the doctor that, if his house was searched, some lights and evidence relating to this affair would certainly be found; he therefore desired the justice to grant a search-warrant immediately to search his house.
The justice answered that he had no such power; that, if there was any suspicion of stolen goods, he could grant a warrant to search for them.
“How, sir!” said the doctor, “can you grant a warrant to search a man’s house for a silver tea-spoon, and not in a case like this, where a man is robbed of his whole estate?”
“Hold, sir,” says the sick man; “I believe I can answer that point; for I can swear he hath several title-deeds of the estate now in his possession, which I am sure were stolen from the right owner.”
The justice still hesitated. He said title-deeds savoured of the Realty, and it was not felony to steal them. If, indeed, they were taken away in a box, then it would be felony to steal the box. — “Savour of the Realty! Savour of the f—talty,” said the doctor. “I never heard such incomprehensible nonsense. This is impudent, as well as childish trifling with the lives and properties of men.”
“Well, sir,” said Robinson, “I now am sure I can do his business; for I know he hath a silver cup in his possession which is the property of this gentleman (meaning Booth), and how he got it but by stealth let him account if he can.”
“That will do,” cries the justice with great pleasure. “That will do; and if you will charge him on oath with that, I will instantly grant my warrant to search his house for it.” “And I will go and see it executed,” cries the doctor; for it was a maxim of his, that no man could descend below himself in doing any act which may contribute to protect an innocent person, or to bring a rogue to the gallows.
The oath was instantly taken, the warrant signed, and the doctor attended the constable in the execution of it.