A custom had been introduced into the family of occasionally holding a court to try offences of a peculiar nature. When there was some doubt as to the measure of blame due to an offender, or when it was uncertain to whom the blame principally belonged, or when important moral principles were involved in a wrong act, or when disputes arose about perplexing points, the affair was sometimes settled by resolving the family into a court to try the case. This was what Marcus now proposed to do; and, as Ronald agreed to it, the evening of the next day was appointed for holding the court, and all concerned were immediately notified, that suitable preparation might be made.
In these little courts, no attempt was made to imitate the cumbrous machinery, the solemn dignity, the slow and formal movements, or the “glorious uncertainty,” which usually characterize the tribunals established by law. Instead of a long indictment, setting forth a simple act in all sorts of wicked shapes, and magnifying and multiplying it till it looked like a dozen huge crimes, stuck together, the court I am describing based their action on a simple complaint, written in plain, unexaggerating language. They had no constable, sheriff, clerk or crier, because they did not need them. A judge, two lawyers, (one to prosecute and the other to defend the accused,) a jury, (usually consisting of two or three persons,) witnesses, and a prisoner, were all the functionaries necessary to this court. The law they administered was that “common law” written in every unperverted heart, and their statute book was the Bible.
The trial of Ronald commenced early on the evening appointed. Marcus presided as judge. Oscar was the prosecuting attorney. As the accused intended to conduct his own defence, no counsel appeared for him. Mrs. Page, Kate, and Jessie’s brother Henry, who happened to be present, were the jury. Miss Lee, Jessie and Otis were summoned as witnesses.
After the court had come to order, the prosecuting attorney arose, and said that several complaints had been made against the accused, very similar in their character, all of them being for improper and unwarrantable jokes perpetrated on the first day of April. He thought, however, that the ends of justice would be sufficiently met by trying the prisoner for only one of these offences. He then read the indictment, or complaint, which was drawn up with care, and was in the following form:
“COMPLAINT.
“I hereby charge Ronald D. Page with entering into an unjustifiable plot on the morning of the first day of April, 185–, to detain his room-mate, Otis Sedgwick, in his chamber until an unusual hour, which design he carried out by darkening the room, displacing and disarranging the clothing of said Sedgwick, and closing the door, contrary to his usual custom, thereby keeping said room-mate in his chamber until it was too late to go to school; which act was against the peace, dignity and good order of the family.
“I also charge said Page with disobedience, in neglecting to call said Sedgwick, when told to do so by Miss Lee.
“I also charge said Page with being virtually guilty of falsehood, inasmuch as he deceived Miss Hapley by removing certain articles from the breakfast table, and allowed an erroneous statement, which she made in consequence, to go uncorrected.
“Oscar Preston, Pros. Att’y.
“Highburg, Vt., April 2, 185–.”