"Its importance makes it pertinent, I think, sir, as for the legality, I do not see how it can be affected by the circumstance that the fact came up in discourse."
"D'ye think so?" observed Sir Frederick, looking much more profound than was his wont. "Legality is the boast of English law, and I should dislike excessively to fail in that great essential. What is said must be heard, to be repeated; and this seems very like hearsay testimony. I believe it's admitted all round we must reject that."
"What is your opinion, Captain Lyon?" demanded the president.
"The case is somewhat knotty, but it may be untied," returned the Scot, with a sneer on his hard features. "No need of Alexander and his sword to cut the rope, I'm thinking, when we bring common sense to bear on the point. What is the matter to be ascertained? Why, the place which was agreed on as the point of rendezvous between this Rawl Eevart and his people. Now, this arrangement must have been made orally, or in writing; if orally, testimony to the words uttered will not be hearsay, further than testimony to what a man has seen will be eyesight."
"Quite true, Mr. President and gentlemen!" exclaimed the Judge Advocate, who was not a little relieved at finding a clue to lead him out of the difficulty. "If the agreement had been made in writing, then that writing would have to be produced, if possible, as the best evidence the case affords; but, being made in words, those words can be sworn to."
Cuffe was much relieved by this opinion, and, as Sir Frederick did not seem disposed to push his dissent very far, the matter would have been determined on the spot, but for a love of disputation that formed part and parcel, to speak legally on a legal subject, of Lyon's moral temperament.
"I'm agreeing with the Judge Advocate, as to his distinction about the admissibility of the testimony on the ground of its not being technically what is called hearsay evidence," he observed; "but a difficulty suggests itself to my mind touching the pairtenency. A witness is sworn to speak to the point before the court; but he is not sworn to discuss all things in heaven and airth. Now, is it pairtenent to the fact of Rawl Eevart's being a spy, that he made sairtain agreements to met this or that fellow-creature, in this or that place? Now, as I comprehend the law, it divides all questions into two great classes, the pairtenent and the impairtenent, of which the first are legal and the second illegal."
"I think it would be a great piece of audacity," said Sir Frederick, disdainfully, "for such a fellow as this Bolt to pretend to call any question we can put him, impertinent!"
"That's no just the p'int, Sir Frederick; this being altogether a matter of law, while ye'll be thinking of station and etiquette. Then, there's two classes of the pairtenent, and two of the impairtenent; one being legal and logical, as it might be, and the other conventional and civil, as one may say. There's a nice distinction, latent, between the two."
"I believe the court is of opinion that the question may be put," observed Cuffe, who was impatient of the Scotchman's subtleties, bowing to Sir Frederick, to ask an acquiescence which he immediately received. "We will re-open the doors, and proceed in the examination."