The man addressed looked up from his book and removed his spectacles. He was an angular man, with a grave analytical face.
"It is not a question of who wins, Haines," he answered; "it is a question of law. I was fairly satisfied when the objection was first made, but I wanted to be certain before I rendered my decision. I have gone over the authorities, and there is no question about the matter. The bondsmen of Allen are not liable in this action."
"They are not!" said Haines, dropping his long body down into a chair. "It is public money, and the object of the bond is certainly to cover any defalcations."
"This bond," continued the circuit judge, "provides for the faithful discharge, according to law, of the duties of the office of sheriff during his continuance in said office. Moseby Allen ceased to be sheriff of this county the day his successor was installed, and on that day this bond ceased to cover his acts. This money was handed over by the lawful sheriff to a man who was not then an officer of this county. Moseby Allen had no legal right to the custody of this money. His duties as sheriff had ceased, his official acts had all determined, and there was no possible way whereby he could then perform an official act that would render his bondsmen liable. The action pending must be dismissed. The present sheriff, Wade, is the one responsible to the county for this money. His only recourse is an action of debt, or assumpsit, against Allen individually, and as Allen is notoriously insolvent, Wade and his bondsmen will have to make up this deficit."
"Well," said Haines, "that is hard luck."
"No," answered the judge, "it is not luck at all, it is law. Wade permitted himself to be the dupe of a shrewd knave, and he must bear the consequences."
"You can depend upon it," said the Honorable Ephraim Haines, criminal judge by a political error, "that old Allen won't get off so easy with me. The jury will convict him, and I will land him for the full term."
"I was under the impression," said the circuit judge, gravely, "that a motion had been made in your court to direct an acquittal on the ground that no crime had been committed."
"It was," said Haines, "but of course it was made as a matter of form, and there is nothing in it."
"Have you considered it?"