CHAPTER XI.

_2d Clown_. But is this law?

_1st Clown_. Ay, marry is 't; crowner's-quest law.

HAMLET.

We draw a curtain over the scene of distress displayed in Gilbert's

Folly, when the body of Henry Falconer, late the gayest of its

inmates, was laid at the feet of his father and sister; and pass to

that which followed, when a justice of the peace, acting in the place

of a coroner, assembled a jury of inquest around the bloody couch, to

determine from the melancholy story of the dead, the fatal

responsibility of the living. The official was a personage who

exercised, along with the duties of a magistrate, the equally

dignified functions of mine host of the Green Tree Tavern; and was,

indeed, no less a man than that rival of Elsie Bell, whose formidable

opposition, many years before, had completed the downfall of the

Traveller's Rest. He was now a man of substance, portly in person,

and inflated by the dignity of office into a certain dignity of

manner; his step was like the roll of a ship, and when he breathed,

it was with a forcible and majestic expiration of breath, like the

snort of a war-horse. He had been noticed, as he advanced in the

world, for the independence,--or, to speak more strictly, the tyranny

with which he conducted himself among his guests; not, indeed, that

he ever beat, or even committed them, as, in virtue of his office, he

might have done; but because, as he said, he heartily 'despised peing

pottered mit 'em.' He was not austere or quarrelsome of disposition,

but he was a lover of his ease in his inn; and his despotism was

shown less in violent opposition than in contemptuous indifference of

all humours save his own. He abhorred all fault-finding, but as he

equally detested the trouble of reprehending it, he devised a scheme

by which discontent was either nipped in the bud, or severely

reproved as soon as made manifest, and all without any labour on his

own part. He caused to be painted on his sign-board, having daubed

off the green tree to make room for it, the following cabalistic

legend,--

_Der ist glücklich, welcher zufrieden ist._

which he was accustomed to translate, _viva voce_, to all incapable

of understanding it, in a quaternion as remarkable for its expressive

simplicity as for its philosophic comprehensiveness:

He vich is vise

Neffer grumples nor cries;

He vich is neither vise nor ciffil

May go to the diffil.

This,--that is to say, the original morceau,--as he justly conceived,

contained a standing answer for all grumblers, and by being in such a

conspicuous situation, served as a warning to them beforehand; while,

at the same time, if a guest chanced to forget its existence, it only

needed the philosophic Schlachtenschlager (for that was the

dignitary's name,) to point to it with his finger, and demand, 'Fat

does that mean?' to bring him to reason. At all events, his

translation was always at hand, in case of extremity, and was of such

supreme efficacy in laying all evil spirits by the heels, that he

used to declare with triumph, 'It fas neffer needs to say it twice.'

Such was the functionary who now introduced his assistants into the

chamber of death, exulting in his own importance and his success in

completing the number against all the difficulties resulting from the

confusion into which the county had been thrown by the second

appearance of the refugees.

"I do afer, on my faith, gentlemen," he said, wiping his brows, as he

entered, "I had more trouple making you up than is goodt for nothing.

As for that Jake Sheeps fat run afay, I fill commit him, the

fillain."

"Ay, Squire, when you catch him," said one of the party, who,

although as coarse in appearance as the others, (all being, save

himself, ordinary farmers and ignoramuses, such as could be picked up

in a hurry,) but who soon proved himself possessed of more brain than

all the others together,--"when you catch him, Squire. But harkee,

Schlachtenschlager; concerning this forcing _me_ on a jury of

inquest,--'tis a sort of a breach of privilege. As an attorney at

law, I should be considered exempt; for if there's no statute for

exemption, why there's custom, my old boy, and I'll mulct you in

damages. Botheration, Squire, you should know enough law to steer

clear of a lawyer."

"T'at for your law!" said the magistrate, "and your lawyer too: I

knows my pusiness. And if you grumples and calls me 'old poy,' it

vill pe vorse for you; for old poy means the tyfel, and if you calls

me tyfel, mine friend Affidafy"----

"Tush," said the lawyer, "it means no such thing. But as you have

nabbed me, why make haste with this stupid business, and be done.

Look at the body, guess your guess out, and let me be gone."

"'He vich is vise,'"--

muttered the justice; but was interrupted by Mr. Affidavy crying,

bluffly,

"The devil take your verses. Come, let's to business. Now, Squire,

you 'know your business,'--you never, I reckon, held an inquest

before in your life;--how do you begin?"

"How do I pegin?" said the official, scratching his head; "fy, I

reckons, ve must have a talk apout it, and then say, the man vas

murdtered."

"The deuce you must? Why that's prejudging the case altogether. How

do you know the man was murdered? where's your witnesses?"

"Vitnesses!" said Schlachtenschlager; "fy, I reckons the case is

clear enough mitout 'em."

"Ah, I thought you'd say so," cried the other; "but that won't do.

Where's the murderer?"

"Vy, I committed him."

"Where's the prisoner, Dancy Parkins?"

"Vy, I committed him along mit the other."

"Where's the informant, that vagabond--(I reckon, he'll be a witness

for the Commonwealth)--that stripe-coat fellow,

Stirk--Stick,--no,--Sterling's his name?"

"Vy, I committed him, too."

"The devil you did? Well, where are the officers, the soldiers, the

volunteers, and all the rest that were present?"

"Vy, chasing the refugees, to pe sure."

"Well, so I thought. Now, I'll tell you what you'll have to do: just

send off as fast as you can for that fellow Sterling, and Dancy, and

half a dozen others, and adjourn till they come; which will give me

time to run down to the Traveller's Rest, and administer on old Elsie

Bell's estate, or see what there is to administer on."

"Administer on old Elsie? fat the tyfel! is the old fitch teadt?"

"As dead as a herring," said Affidavy; "and there's another job for

you. They say, some one told her, the defunct here, Colonel

Falconer's son, was shot by young Gilbert; and the harridan

screeched, and fell dead with fright."

"Mine soul!" said the justice, "they're all tying. There's the

Captain's daughter here,--they say she's tying too. I vant to take

her teposition; but Dr. Muller says she can n'ither speak nor hear."

"Well," said the attorney, "you see there's nothing to be done here

at present. So, adjourn's the word, and down to hold an inquest on

old Elsie. She has been looking up in the world lately, and they say

she'll leave something. I intend therefore to administer, or see

about it--and by the way, Squire, we may discover something there in

relation to the murderer. He lived in her house; and, there's no

doubt, the tories made it a place of rendezvous. We can come up here

and finish afterwards."

"Fell, I don't know," said Schlachtenschlager; "it's all vone, except

for the trouple of going and coming. But fere's Jake Musser?" he

added, in sudden alarm; "I declare ve're not all here!--Fy, Jake,

fere have you peen?" he continued, as the individual, whose absence

he had just discovered, entered the apartment.

"Vy, at Elsie Pell's;--I stopped a moment to get a trink; but old

Elsie vas sick, and the plack girl vas in a fear, and"----

"Sick!" cried Affidavy, "a'n't the old goose dead? 'Pshaw! why then

we'll go on with the inquest, and say no more about it. I thought

there was a job there for somebody; but, it seems, it is only for the

doctor. Well, Squire, are you ready?"

"Yes," said the official; "but now, Mr. Affidafy, fat shall we do for

witnesses?"

"Tush," said the man of law, "that's neither here nor there."

"Fy, you said, it wouldn't do mitout 'em!"

"Oh, that's according to circumstances, and here we have

circumstances enough to hang the whole county."

"Fell, then," said the magistrate, "we'll pring it in a case of

murder. Are you all agreedt? Fat says you, Peter Pork?"

"Why, I dunna," said Peter, "but I reckon so."

"Fat says you, Thomas Pork?"

"Why, I dunna; but I go with Peter."

"Fat says you, Jacob Musser?"

"Fy, the same: but I reckon the Captain mought send us up something

to dtrink.--It's a very pretty pody."

"Never mind the pody, Jacob. Fat says you, Jack Darpy?"

"Why, I'm no so clear in the matter;--I'm ag'in' all hanging."

"Fy, that's none on your pusiness," said the magistrate, assuming an

air of dignity; "for you see, John, the coroner's jury is not the

hanging jury."

"Well, Squire," said the nonconformist, "I reckon I know that as well

as any body. But, you see, I've had a talk with the quakers on this

matter, and I'm coming to think it's ag'in' the law of scriptur' to

bring a man to the gallows. And you see, the matter all rests on our

shoulders; for if we say murder for our 'quest, why then the grand

jury sings the same song for their indictment, and the petty jury

just follows suit. It's just like sticking three bricks on an end; if

you kick one, why down goes the second, and clack goes t'other. And

moresomover, what Squire Affidavy says I stick to: I don't know the

man's murdered, not an iota, without some one to swear on black and

white."

"Fy, take a look at him, John," said the Squire in a heat; "he's

deadt, a'n't he? and he has a pig hole in his neck, ha'n't he? and

fat more fould you haff? You're always preeding trouble, John Darpy!"

"Well, I dunna," said John; "the man mought ha' shot himself; for

they say he was a peeler at the bottle, for such a young un; and when

folks drinks, there's no saying what'll come of it: it's just as much

as saying, 'Clear the course, here goes for the devil!--Squire

Affidavy, what do you say to that?"

"Hem"--replied the man of law, looking at his elbows, which were

somewhat of the whitest, with an attempt at humour, that faded in a

moment before a look of sullenness and anger, "I say, that you're a

fool, though you stumble upon wisdom now and then by accident. But

none of your sly winks and blinks: we all know you have not brain

enough for drinking. But stop; we've carried this joke far enough,

and the fun is over. Send down stairs for the girl Phoebe Jones: she

was on the ground when the shot was fired, and we must take her

testimony."

"Fy, now I remember, so she fas," muttered the magistrate; but added,

with a sigh like the sough of north-wester, "Put it is a great

trouple to swear a voman."

The testimony of Phoebe was, however, by no means so satisfactory as

was expected. It is true, she professed herself able to swear that

Mr. Hunter Hiram Gilbert shot Mr. Falconer; but it soon appeared she

was as ready to swear he had shot herself, and some dozen other

unfortunate persons into the bargain. In truth, the dreadful

conclusion of an adventure which she had been brought, at one moment,

almost to consider an innocent and agreeable frolic,--the condition

of her mistress, from whose bed-side she had been summoned,--and the

spectacle of the ghastly corse of the bridegroom before her eyes,

more than half turned her brain. She answered therefore by yea and

nay, and just as the question indicated the reply; until Mr.

Affidavy, a man of some little tact in his profession, although low

and debauched habits had ruined his prospects and reputation

together, thought fit to interfere, and by a little management, made

it obvious, even to the dull brain of Schlachtenschlager, that the

girl, although an actor in the tragedy, knew no more of its details

from her own observation, than they themselves.

They were relieved from their dilemma, however, by the sudden

appearance of lieutenant Brooks, who delivered a brief and clear

account of the catastrophe, as far as he had witnessed it himself;

and his testimony left it no longer to be doubted that the

unfortunate defunct had fallen in consequence of a pistol-shot fired

from a weapon in the hands of Hyland Gilbert. He produced the

instrument, which, as well as the pistol discharged by the deceased,

he had picked from the ground, and now delivered, along with their

fellows, and a pair taken from Sterling, to the magistrate, averring

that they were in the condition in which he had found them.

"A very pretty pistol," said the official; "but how is this Mr.

Lieutenant? did the young fellow fire them all?"

The soldier stared his honour in the face, and smiled; but his eye

fell on the body of his friend, and the flash of humour faded into

clouds.

"This weapon," said he, touching one, "I presume to be that by which

Mr. Falconer was slain. It was picked from the ground by Mr.

Gilbert's side; the fellow to it, was found in the holsters attached

to Gilbert's saddle. This," he added, pointing to another, "belonged

to my unfortunate friend, and was that with which he shot at the

prisoner."

"Fat!" cried the official, "did _he_ shoot, too?"

"Undoubtedly: I plainly distinguished two explosions, the one

immediately after the other."

"Fy then, mine Gott!" said Schlachtenschlager, looking round upon his

assistants with an air of unutterable sagacity, "this, mine friends,

does ferry much alter the case. It vas not murder, but a fight. Who

fires the pistol first?"

"Sir, that is impossible to say. But allow me to suggest a doubt

whether that is necessary to be inquired into. With deference, I

should suppose the object of this inquest would be simply to

determine who shot the pistol that killed the deceased; leaving all

other questions to be determined by other tribunals."

"'Pshaw!" said Affidavy, who seemed to derive no little private

amusement from the ignorance of the magistrate, when suffered to run

its own course; "you have spoiled the sport. The young gentleman is,

however, right, Squire, and"--

"Holdt your tongue, Mr. Affidafy, and let me mindt mine own

pusiness," said the magistrate, in some wrath; "sure I know fat I am

about! And hark ye, Mr. Witness, you are a very goodt young man, and

an officer, and a gentleman; put you must not tell me fat I am to do,

nor fat I am not to do."

"Surely not," replied the witness; "I will not be so presumptuous."

"Right; you are a very goodt young man, and an officer, and a

gentleman; and you have very goodt sense.--Fat do you think I must

say in this case? for, mine Gott, it puzzles me! Mine own opinion is,

that somepody shot this young man."

"It cannot be doubted, sir."

"And that that somepody fas him fat shot the pistol fat fas _not_

shot by the young man fat fas shot."

"Very true, sir."

"Ferry fell, sir," continued the official, with dignity; "now show me

the man, and you shall hear fat I have to say for mine inquest in no

time."

"The man you speak of is by this time lodged in the county prison

under a warrant issued by yourself. There were two pistols

discharged, one by the deceased, the other, as I can swear to the

best of my belief, by the prisoner; and I can bear witness in like

manner, that my unfortunate friend owes his death to the pistol

discharged by the prisoner."

"Fy then, the case is clear enough, and I vonder you couldn't say so

much before. Do you swear to all this?"

"I do."

"Fell now, come;--fat fas the reason of all this running afay, and

murdering?"

"That, I beg leave to suggest, is a question entirely irrelevant."

"Is it? Fell then, fy don't you answer it?"

"'Pshaw!" mumbled Affidavy, who was perhaps wearying of a sport he

did not himself direct. "Squire, you may discharge the witness: we

have laid our heads together and agreed upon a finding."

"Fat! mitout me?"

"Certainly. You don't think _you_ are to make the verdict?--The

witness will be pleased to retire," he added, and the lieutenant,

looking once more on the dead, immediately withdrew.

"We find, Squire," the attorney went on, "that the deceased came to

his death in consequence of a pistol-bullet shot into his neck by

Hyland Gilbert, otherwise called Herman Hunter. If you want to be

learned about jugulars, carotids, parotids, and so on, we will call

in Dr. Muller, and have him examine the wound."

"Fy, I don't know any thing about them things; put I don't see that

you say any thing apout murder?"

"Not a word: as you said yourself to Jack Darby here, the coroner's

jury is not the hanging jury."

"Fell now, the matter's finished, and I am ferry glad. I suppose it

is all right?"

"Entirely--the young Hawk is as dead as a chicken."

"It is a clear case then, Mr. Affidafy," said the dignitary, with a

long and tempestuous breath, indicating the satisfaction he felt at

being released from labours so overpowering, "they fill hang the

young fillain?"

"Why that depends upon circumstances, Squire."

"Oh the tyfel! it is all 'upon circumstances' mit a lawyer?"

"It is a good case on either side," said Affidavy; "and not so bad on

the prisoner's as might be supposed,--that is, if he had but money to

make it an object to take up his cause."

"Mine Gott, he has money! There fas his fatch; 'twas goldt, and worth

forty pound."

"Eh! indeed? has he a gold watch?"

"And there fas a purse of guineas"----

"Of guineas!"

"And there fas a--fat you call it?--a pill of exchange on New York,

and a letter of credit,--mine Gott, it fas mitout limit, except time;

put I toubt me, it fas not goodt."

"Botheration!" cried the man of law, in a fervour, "who'll lend me a

horse to ride to town? I remember now, there was a story that the

youngest son of the Gilberts had a rich aunt in Jamaica."

"Fell, if he had?"

"Why then, I'll certainly volunteer him the aid of my professional

skill; and, murder or no murder, I'll bring him off."

"You don't say so, Mr. Affidavy?"

"Botheration, I do. A letter of credit without limit? Who has it? did

you save it?"

"No; I gave it pack to him; put I took an inventory of all in his

pockets."

"Well, Squire, you're an honour to the profession. Lend me a horse."

"Fy, if I had you put down to the Creen Tree, and you fould promise

to keep soper"----

"Tush, I will. But let's be off, and in a hurry. You are a merciful

man, Squire Schlachtenschlager--It is a pity this poor friendless

young fellow should be hanged for nothing."

"That is, mitout paying nothing to the lawyer? Ho, ho!----Put it

toesn't do to laugh by a teadt pody, fen his fader, and moder, and

all his friends is feeping and crying. Fat is to pe done mit these

Hawks? Can't nopody catch pig Oran? I fill give one pound of mine own

money for refard; for, I do afer, he toes give me much trouple. Fell,

gentlemen, all is right. Now fill ve all go to the Creen Tree, and ve

shall have some prandy to dtrink. Fere is some pody to light mine

pipe? A fery padt piece of pusiness, and fery pottersome. I vonder

fere they fill pury the young man? Fell, gentlemen, let us pegone."

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