The Red Eric, Robert Michael Ballantyne [free ebook novel txt] 📗

the next, and a great part of the third, but we do not purpose going into it in detail. The way in which Mr Rasp (Captain Dunning's counsel) and Mr Tooth (Captain Dixon's counsel) badgered, browbeat, and utterly bamboozled the witnesses on both sides, and totally puzzled the jury, can only be understood by those who have frequented courts of law, but could not be fully or adequately described in less than six hundred pages.

In the course of the trial the resolutions come to by the crew of the _Red Eric_, that they would tell _nothing_ but the truth, and carefully refrain from touching on what they were not quite sure of, proved to be of the greatest advantage to the pursuer's case. We feel constrained here to turn aside for one moment to advise the general adoption of that course of conduct in all the serious affairs of life.

The evidence of Tim Rokens was clear and to the point. The whale had been first struck by Glynn with a harpoon, to which a drogue was attached; it had been followed up by the crew of the _Red Eric_ and also by the crew of the _Termagant_. The boats of the latter over-took the fish first, fixed a harpoon in it, and lanced it mortally. The drogue and harpoon of the _Red Eric_ were still attached to the whale when this was done, so that, according to the laws of the fishery, the crew of the _Termagant_ had no right to touch the whale--it was a "fast" fish. If the drogue had become detached the fish would have been free, and both crews would have been entitled to chase and capture it if they were able. Angry words and threats had passed between the crews of the opposing boats, but the whale put a stop to that by smashing the boat of the _Red Eric_ with its tail, whereupon the boat of the _Termagant_ made off with the fish (which died almost immediately after), and left the crew of the boat belonging to the _Red Eric_ struggling in the water.

Such was the substance of the evidence of the harpooner, and neither cross-examination nor re-cross-examination by Mr Tooth, the counsel for the defendant, could induce Tim Rokens to modify, alter, omit, or contradict one iota of what he had said.

It must not be supposed, however, that all of the men gave their evidence so clearly or so well. The captain did, though he was somewhat nervous, and the doctor did, and Glynn did. But that of Nikel Sling was unsatisfactory, in consequence of his being unable to repress his natural tendency to exaggeration. Tarquin also did harm; for, in his spite against the crew of the _Termagant_, he made statements which were not true, and his credit as a witness was therefore totally destroyed.

Last of all came Jim Scroggles, who, after being solemnly sworn, deposed that he was between thirty-five and thirty-six years of age, on hearing which Gurney said "Oh!" with peculiar emphasis, and the people laughed, and the judge cried "Silence," and the examination went on. After some time Mr Tooth rose to cross-question Jim Scroggles, who happened to be a nervous man in public, and was gradually getting confused and angry.

"Now, my man, please to be particular in your replies," said Mr Tooth, pushing up his spectacles on his forehead, thrusting his hands into his trousers pockets, and staring very hard at Jim. "You said that you pulled the second oar from the bow on the day in which the whale was killed."

"Yes."

"Are you quite sure of that? Was it not the _third_ oar, now?"

"Yes or no," interrupted Mr Tooth.

"It's so long since--"

"Yes or no," repeated Mr Tooth.

"Yes," roared Scroggles, forgetting at the moment, in his confusion and indignation at not being allowed to speak, in what manner the question had been put.

"Yes," echoed Mr Tooth, addressing the judge, but looking at the jury. "You will observe, gentlemen. Would your lordship be so good as to note that? This witness, on that very particular occasion, when every point in the circumstances must naturally have been impressed deeply on the memories of all present, appears to have been so confused as not to know which oar of the boat he pulled. So, my man" (turning to the witness), "it appears evident that either you are now mis-stating the facts of the case or were then incapable of judging of them."

Jim Scroggles felt inclined to leap out of the witness-box, and knocked the teeth of Mr Tooth down his throat! But he repressed the inclination, and that gentleman went on to say--

"When the boat of the _Red Eric_ came up to the whale was the drogue still attached to it?"

"In coorse it was. Didn't ye hear me say that three or--"

"Be so good as to answer my questions simply, and do not make unnecessary remarks, sir. Was the drogue attached when the boat came up? Yes or no?"

"Yes."

"How do you know?"

"'Cause I seed it."

"You are quite sure that you saw it?"

"In coorse!--leastwise, Tim Rokens seed it, and all the men in the boat seed it, and said so to me afterwards--w'ich is the same thing, though I can't 'xactly say I seed it myself, 'cause I was looking hard at the men in the enemy's boat, and considerin' which on 'em I should give a dab in the nose to first w'en we come along side of 'em."

"Oh, then you did _not_ see the drogue attached to the whale?" said Mr Tooth, with a glance at the jury; "and you were so taken up with the anticipated fight, I suppose, that you scarcely gave your attention to the whale at all! Were the other men in your boat in a similarly unobservant condition?"

"Eh?" exclaimed Scroggles.

"Were the other men as eager for the fight as you were?"

"I s'pose they wos; you'd better ax 'em. _I_ dun know."

"No, I don't suppose you do, considering the state of mind you appear to have been in at the time. Do you know which part of the whale struck your boat? Was it the head?"

"No; it was the tail."

"Are you quite sure of that?"

"Ho, yes, quite sartin, for I've got a knot on my head this day where the tip of its flukes came down on me."

"You're quite sure of that? Might it not have been the part of the fish near the tail, now, that struck you, or the fin just under the tail?"

"No; I'm quite sartin sure it warn't _that_."

"How are you so sure it wasn't that?"

"Because whales hain't got no fins just under their tails!" replied Scroggles, with a broad grin.

There was another loud laugh at this, and Mr Tooth looked a little put out, and the judge cried "Silence" again, and threatened to clear the court.

After a few more questions Jim Scroggles was permitted to retire, which he did oppressed with a feeling that his evidence had done the case little good, if not some harm, yet rather elated than otherwise at the success of his last hit.

That evening Captain Dunning supped with Ailie and his sisters in low spirits. Glynn and the doctor and Tim Rokens and the two mates, Millons and Markham, supped with him, also in low spirits; and King Bumble acted the part of waiter, for that sable monarch had expressed an earnest desire to become Captain Dunning's servant, and the captain had agreed to "take him on," at least for a time. King Bumble was also in low spirits; and, as a natural consequence, so were Aunts Martha and Jane and little Ailie. It seemed utterly incomprehensible to the males of the party, how so good a case as this should come to wear such an unpromising aspect.

"The fact is," said the captain, at the conclusion of a prolonged discussion, "I don't believe we'll gain it."

"Neither do I," said the doctor, helping himself to a large quantity of salad, as if that were the only comfort now left to him, and he meant to make the most of it before giving way to total despair.

"I knew it," observed Aunt Martha firmly. "I always said the law was a wicked institution."

"It's a great shame!" said Aunt Jane indignantly; "but what could we expect? It treats every one ill."

"Won't it treat Captain Dixon well, if he wins, aunt?" inquired Ailie.

"Dear child, what can you possibly know about law?" said Aunt Martha.

"Would you like a little more tart?" asked Aunt Jane.

"Bravo! Ailie," cried Glynn, "that's a fair question. I back it up."

"How much do you claim for damages, George?" inquired Aunt Martha, changing the subject.

("Question!" whispered Glynn.)

"Two thousand pounds," answered the captain.

"What!" exclaimed the aunts, in a simultaneous burst of amazement. "All for _one_ fish?"

"Ay, it was a big one, you see, and Dick Jones, one of the men of the _Termagant_, told me it was sold for that. It's a profitable fishing, when one doesn't lose one's ship. What do you say to go with me and Ailie on our next trip, sisters? You might use up all your silk and worsted thread and crooked pins."

"What nonsense you talk, George; but I suppose you really do use pretty large hooks and lines when you fish for whales?"

Aunt Martha addressed the latter part of her remark to Tim Rokens, who seemed immensely tickled by the captain's pleasantry.

"Hooks and lines, ma'am!" cried Rokens, regarding his hostess with a look of puzzled surprise.

"To be sure we do," interrupted Glynn; "we use anchors baited with live crocodiles--sometimes elephants, when we can't get crocodiles. But hippopotamuses do best."

"Oh! Glynn!" cried Ailie, laughing, "how can you?"

"It all depends on the drogue," remarked the doctor. "I'm surprised to find how few of the men can state with absolute certainty that they saw the drogue attached to the whale when the boat came up to it. It all hinges upon that."

"Yes," observed Mr Millons, "the 'ole case 'inges on that, because that proves it was a fast fish."

"Dear me, Mr Millons," said Aunt Martha, smiling, "I have heard of fast young men, but I never heard of a fast fish before."

"Didn't you, ma'am?" exclaimed the first mate, looking up in surprise, for that matter-of-fact seamen seldom recognised a joke at first sight.

Aunt Martha, who very rarely ventured on the perpetration of a joke, blushed, and turning somewhat hastily to Mr Markham, asked if he would "take another cup of tea." Seeing that there was no tea on the table, she substituted "another slice of ham," and laughed. Thereupon the whole company laughed, and from that moment their spirits began to rise. They began to discuss the more favourable points of the evidence led that day, and when they retired at a late hour to rest, their hopes had again become sanguine.

Next morning the examination of the witnesses for the defendant came on. There were more of them than Dick Jones had expected; for the crew of the _Termagant_ happened to be partly made up of very bad men, who were easily bribed