XVI ~~ AN UPRIGHT JUDGE

No one knows how the quarrel between Peter Joyce and Patrick Joseph

Flanagan began. It had been smouldering for years, a steady-going feud,

before it reached its crisis last June.

The Joyces and Flanagans were neighbours, occupying farms of very poor

land on the side of Letterbrack, a damp and lonely hill some miles from

the nearest market town. This fact explains the persistence of the feud.

It is not easy to keep up a quarrel with a man whom you only see once

a month or so. Nor is it possible to concentrate the mind on one

particular enemy if you live in a crowded place. Joyce and Flanagan saw

each other every day. They could not help seeing each other, for their

farms were small. They scarcely ever saw anyone else, because there

were no other farms on the side of the hill. And the feud was a family

affair. Mrs. Joyce and Mrs. Flanagan disliked each other heartily and

never met without using language calculated to embitter the feeling

between them. The young Joyces and the young Flanagans fought fiercely

on their way to and from school.

The war, which has turned Europe upside down and dragged most things

from their familiar moorings, had its effect on the lives of the two

farmers on the side of Letterbrack. They became better off than they had

ever been before. It must not be supposed that they grew rich. According

to the standard of English working men they had always been wretchedly

poor. All that the war did for them was to put a little, a very little,

more money into their pockets. They themselves did not connect their new

prosperity with the war. They did not, indeed, think about the war at

all, bring fully occupied with their work and their private quarrel.

They noticed, without inquiring into causes, that the prices of the

things they sold went up steadily. A lean bullock fetched an amazing sum

at a fair. Young pigs proved unexpectedly profitable. The eggs which the

women carried into town on market days could be exchanged for unusual

quantities of tea. And the rise in prices was almost pure gain to these

farmers. They lived for the most part on the produce of their own land

and bought very little in shops. There came a time when Peter Joyce had

a comfortable sum, about £20 in all, laid by after making provision for

his rent and taxes. He felt entitled to some little indulgence.

An Englishman, when he finds himself in possession of spare cash spends

it on material luxuries for himself and, if he is a good man, for his

family. He buys better food, better clothes, and furniture of a kind not

absolutely necessary, like pianos. An Irishman, in a similar agreeable

position, prefers pleasures of a more spiritual kind. Peter Joyce was

perfectly content to wear a “bawneen” of homemade flannel and a pair of

ragged trousers. He did not want anything better for dinner than boiled

potatoes and fried slices of bacon. He had not the smallest desire to

possess a piano or even an armchair. But he intended, in his own way, to

get solid enjoyment out of his £20.

It was after the children had gone to bed one evening that he discussed

the matter with his wife.

“I’m not sure,” he said, “but it might be as well to settle things up

one way or another with that old reprobate Patrick Joseph Flanagan. It’s

what I’ll have to do sooner or later.”

“Them Flanagans,” said Mrs. Joyce, “is the devil. There isn’t a day

passes but one or other of them has me tormented. If it isn’t her it’s

one of the children, and if, by the grace of God, it isn’t the children

it’s herself.”

“What I’m thinking of,” said Joyce, “is taking the law of him.”

“It’ll cost you something to do that,” said Mrs. Joyce cautiously.

“And if it does, what matter? Haven’t I the money to pay for it?”

“You have,” said Mrs. Joyce. “You have surely. And Flanagan deserves it,

so he does. It’s not once nor twice, but it’s every day I do be saying

there’s something should be done to them Flanagans.”

“There’s more will be done to him than he cares for,” said Joyce grimly.

“Wait till the County Court Judge gets at him. Believe me he’ll be sorry

for himself then.”

Peter Joyce started early next morning. He had an eight-mile walk before

him and he wished to reach the town in good time, being anxious to put

his case into the hands of Mr. Madden, the solicitor, before Mr.

Madden became absorbed in the business of the day. Mr. Madden had the

reputation of being the smartest lawyer in Connaught, and his time was

very fully occupied.

It took Joyce nearly three hours to reach the town and he had ample time

to prepare his case against Flanagan as he went. There was no lack

of material for the lawsuit. A feud of years’ standing provides many

grievances which can fairly be brought into court. Joyce’s difficulty

was to make a choice. He pondered deeply as he walked along the bare

road across the bog. When he reached the door of Mr. Madden’s office

he had a tale of injuries suffered at the hands of the Flanagans which

would, he felt sure, move the judge to vindictive fury.

Mr. Madden was already busy when Joyce was shown unto his room.

“Well,” he said, “who are you and what do you want?”

“My name’s Peter Joyce of Letterbrack, your honour,” said Joyce. “A

decent man with a long weak family, and my father was a decent man

before me, and it’s no fault of mine that I’m here to-day, and going

into court, though there isn’t another gentleman in all Ireland I’d

sooner come to than yourself, Mr. Madden, if so be I had to come to

anyone. And it’s what I’m druv to, for if I wasn’t----”

“What is it?” said Mr. Madden. “Police? Drunk and disorderly?”

“It is not,” said Joyce. “Sure I never was took by the police only

twice, and them times they wouldn’t have meddled with me only for the

spite the sergeant had against me. But he’s gone from the place now,

thanks be to God, and the one that came after him wouldn’t touch me.”

Peter Joyce sank his voice to a whisper.

“It’s how I want to take the law of Patrick Joseph Flanagan,” he said.

“Trespass or assault?” said Mr. Madden.

He was a man of immense experience. He succeeded in carrying on a

large practice because he wasted no time in listening to preliminary

explanations of his clients. Most legal actions in the West of Ireland

are reducible to trespass or assault.

“It’s both the two of them,” said Joyce.

Mr. Madden made a note on a sheet of paper before him. Joyce waited

until he had finished writing. Then he said slowly:

“Trespass and assault and more besides.”

Mr. Madden asked no question. He added to the note he had written

the words “And abusive language.” Abusive language generally follows

trespass and immediately precedes assault.

“Now,” said Mr. Madden, “get on with your story and make it as short as

you can.”

Peter Joyce did his best to make the story short. He succeeded in making

it immensely complicated. There was a boundary wall in the story and

it had been broken down. There was a heifer calf and a number of young

pigs. There was a field of oats trampled and destroyed by the heifer,

and a potato patch ruined beyond hope by the pigs. There was a sheep

torn by a dog, stones thrown at Mrs. Joyce, language that had defiled

the ears of Molly Joyce, an innocent child of twelve years old, and

there was the shooting of a gun at Peter himself.

Joyce was prepared to swear to every item of the indictment. He did

actually swear from time to time, laying his hand solemnly on a large

ledger which stood on Mr. Madden’s desk. Mr. Madden listened until he

had heard enough.

“You haven’t a ghost of a case against Flanagan,” he said. “The judge

won’t listen to a story like that. If you take my advice you’ll go

straight home and make it up with Flanagan. You’ll simply waste your

money if you go into court.”

Mr. Madden, it will be seen, was a man of principle. He made his

living out of other people’s quarrels, but he gave honest advice to his

clients. He was also a man of wide knowledge of West of Ireland farmers.

He knew perfectly well that his advice would not be taken.

“I’ve the money to pay for it,” said Joyce, “and I’ll have the law of

Patrick Joseph Flanagan if it costs me the last penny I own. If your

honour doesn’t like the case sure I can go to someone else.”

Mr. Madden, though a man of principle, was not quixotic.

“Very well,” he said. “I’ll manage your case for you; but I warn you

fairly the judge will give it against you.”

“He might not,” said Joyce. “In the latter end he might not.”

“He will,” said Mr. Madden, “unless----”

He was watching Joyce carefully as he spoke. The man’s face had an

expression of cunning and self-satisfaction.

“Unless,” Mr. Madden went on, “you’ve something up your sleeve that you

haven’t told me yet.”

Joyce winked solemnly.

“It’s what it would be hardly worth mentioning to your honour,” he said.

“You’d better mention it all the same,” said Mr. Madden.

“What I was thinking,” said Joyce, “is that if I was to send a pair of

ducks to the judge a couple of days before the case was to come on--fine

ducks we have, as fine as ever was seen.”

“Listen to me,” said Mr. Madden. “You’ve got the very smallest possible

chance of winning your case. But you have a chance. It’s a hundred to

one against you. Still, odd things do happen in courts. But let me tell

you this. I know that judge. I’ve known him for years, and if you try to

bribe him with a pair of ducks he’d give it against you even if you had

the best case in the world instead of the worst. That’s the kind of man

he is.”

Joyce sighed heavily. The ways of the law were proving unexpectedly

difficult and expensive.

“Maybe,” he said, “I could send him two pair of ducks, or two pair and a

half, but that’s the most I can do; and there won’t be a young duck left

about the place if I send him that many.”

“Either you act by my advice,” said Mr. Madden, “or I’ll drop your case.

This isn’t a matter for the local bench of magistrates. If it was them

you were dealing with, ducks might be some use to you. But a County

Court Judge is a different kind of man altogether. He’s a gentleman, and

he’s honest. If you attempt to get at him with ducks or any other kind

of bribe you’ll ruin any chance you have, which isn’t much.”

“That’s a queer thing now, so it is,” said Joyce.

“It’s true all the same,” said Mr. Madden.

“Do you mean to tell me,” said Joyce, “that his honour, the judge, would

go against a man that had done him a good turn in the way of a pair of

ducks or the like?”

“That’s exactly what I do mean,” said Mr. Madden. “No judge would stand

it. And the one who presides over this court would be even angrier than

most of them, so don’t you do it.”

Joyce left Mr. Madden’s office a few minutes later, and tramped home.

In spite of the lawyer’s discouraging view of the case he seemed fairly

well satisfied.

That evening he spoke to his wife.

“How many of them large white dukes have you?” he asked; “how many

that’s fit to eat?”

“There’s no more than six left out of the first clutch,” said Mrs.

Joyce. “There was eleven hatched out, but sure the rats got the rest

of them.” “I’d be glad,” said Joyce, “if you’d fatten them six, and you

needn’t spare the yellow meal. It’ll be worth your while to have them as

good as you can.”

A month later the case of Joyce v. Flanagan came on in the County Court.

Mr. Madden had hammered the original story of the wall, the heifer, the

pigs and the potatoes, into shape. It sounded almost plausible as Mr.

Madden told it in his opening remarks. But he had very little hopes

that it would survive the handling of Mr. Ellis, a young and intelligent

lawyer, who was acting for Flanagan. Joyce cheerfully confirmed

every detail of the story on oath. He was unshaken by Mr. Ellis’

cross-examination, chiefly because the judge constantly interfered with

Mr. Ellis and would not allow him to ask the questions he wanted to ask.

Flanagan and his witnesses did their best, but the judge continued to

make things as difficult as he could for their lawyer. The matter, when

all the evidence was heard, appeared tangled and confused, a result

far beyond Mr. Madden’s best expectations. He had feared that the

truth might emerge with disconcerting plainness. Then an amazing thing

happened. The judge took Joyce’s view of the circumstances and decided in

his favour. Mr. Ellis gasped. Flanagan swore audibly and was silenced by

a policeman. Joyce left the court with a satisfied smile.

“Well,” said Mr. Madden, a little later, “you’ve won, but I’m damned if

I know how it happened. I never went into court with a shakier case.”

“I shouldn’t wonder,” said Joyce, “but it might have been the ducks that

did it. I sent him six, your honour, six, and as fat as any duck ever

you seen.”

“Good Lord!” said Mr. Madden. “After all I said to you--and--but, good

heavens, man! He can’t have got them. If he had----”

“He got them right enough,” said Joyce, “for I left them at the door of

the hotel myself, with a bit of a note, saying as how I hoped he’d take

a favourable view of the case that would be before him to-day, and

I told him what the case was, so as there’d be no mistake--Joyce v.

Flanagan was what I wrote, in a matter of trespass and assault, and

abusive language.”

“Well,” said Mr. Madden, “all I can say is that if I hadn’t seen with my

own eyes what happened in that court to-day I wouldn’t have believed it.

To think that the judge, of all men----”

“It was Flanagan’s name and not my own,” said Joyce, “that I signed

at the bottom of the note. ‘With the respectful compliments of Patrick

Joseph Flanagan, the defendant,’ was what I wrote, like as if it was

from him that the ducks came.”

“I’d never have thought of it,” said Mr. Madden. “Joyce, it’s you and

not me that ought to be a lawyer. Lawyer! That’s nothing. You ought

to be a Member of Parliament. Your talents are wasted, Joyce. Go into

Parliament You’ll be a Cabinet Minister before you die.”

Our Casualty, and Other Stories 1918 · 第 26 / 27 题