CHAPTER III

THE CASE IN COURT

“I will have to bring ’er up!”

It was Susan who spoke. She had returned to the house, where the news of

the fight had preceded her. The whole family had been on the point of

issuing forth to her rescue when she appeared, and now they were again

assembled in full conclave to discuss at length this new aspect of the

situation.

“‘Vengeance is mine,’” quoted her aunt; “but there is a time for all

things. An’ if y’u don’t teach a gurl like Maria a lesson, she will go

far wid you.”

“She is a very rude young ooman!” exclaimed Mr. Proudleigh with

indignation, following up his sister’s remark; he felt that he must lend

his daughter his moral support. “Ef I was a younger man,” he went on, “I

would . . . I would . . . well, I don’t know what I wouldn’t do! But

Mother Smit is a dangerous female to interfere wid, and de cramps is

troubling me in me foot so badly dat I wouldn’t like ’er to put ’er hand

’pon me at all.”

“Ef she ever touch you,” his wife broke in, “old as I is, she an’ me

would have to go to prison.”

“You was always a courigous gal, Mattie,” said the old man approvingly;

“but I don’t want to see y’u get into any quarrel; an’ to tell you de

trute, I don’t t’ink I could help you at all. Susan is goin’ to bring up

Maria, an’ that is a satisfaction. I are going to de court-house wid ’er

to encourage her.”

“But suppose Susan lose the case?” Catherine suggested. She had been a

witness of the encounter, and though she fully intended to forget every

fact that would make against Susan in the court-house, she was sagacious

enough to realize that Maria’s friends would not do likewise.

“Lose me case?” asked Susan incredulously. “That can’t be done! She

provoked me first, an’ the judge must take note of that. Besides, I am

goin’ to put a good lawyer on her: not a fool-fool man that can’t talk,

but a man who will question her properly an’ make her tell de truth.”

“Dat is right,” said Mr. Proudleigh with proud anticipation of coming

victory. “Sue, I advise you to get de Attorney-General.”

“I never hear about him,” Miss Proudleigh remarked; “an’ it won’t do for

Susan to get a lawyer we don’t know. But who to get?”

As Mr. Proudleigh knew nothing about the leader of the local bar except

his name, he decided not to urge the claims of that high official upon

his daughter. One after another, the names of the several lawyers of

whom the family had heard were mentioned, and their various merits were

discussed. As this was to be the most important case ever tried—or at

least so the family thought—it was of the utmost importance that the

brightest legal luminary should be obtained: the difficulty was to

select one from the many whose reputation for ability commended them all

as fit and proper persons to prosecute Maria Bellicant for assault and

abusive language. At last Miss Proudleigh suggested a lawyer whose

cleverness in handling witnesses determined to perjure themselves had

often appealed to her admiration. Having once mentioned his name with

approval, the worthy lady thought it was incumbent upon her to argue

away all that might be said against him and all that might be urged in

favour of other solicitors; and at length Susan decided that she would

go to see Lawyer Jones in the morning. Miss Proudleigh was so delighted

with the prospect of having Mr. Jones proceed against Maria, that during

the rest of the time she remained at the house she could talk of nothing

but that lawyer’s merits. But on leaving she reminded Susan of the value

of prayer as a consolation for all the troubles of life, and suggested

that supplications made properly and in a reverent spirit might lead to

Maria’s being afflicted with manifold ills throughout the rest of her

days.

After Miss Proudleigh had left, the family sat up until twelve o’clock

discussing the fight and the coming case. And in many of the yards and

houses of the lane the fight also formed the topic of discussion. In the

yard where Maria lived some thirty persons assembled to express their

sympathy with her and to give fervent utterance to the hope that she had

beaten Susan properly. They were comforted on learning from Maria that

she had. Mother Smith herself performed a sort of war dance about the

premises, showing in pantomime what she would do as soon as she should

lay hands upon Susan and Susan’s people, down to the third and fourth

generation. Everybody agreed that Maria had been most shamefully

ill-treated, and one of the girls who had been with Maria at the street

corner went so far as to “think” she had seen Susan draw a pair of

scissors out of her pocket, presumably to stab Maria. Indeed, in some of

the tenement yards it was actually reported that blood had been drawn,

one eye-witness even undertaking to describe the wounds. Altogether, it

was a very exciting night in that section of the lane in which the girls

lived, and almost every one was glad that Susan had at last met her

match.

The excitement was kept alive the next day by the news that Susan had

brought up Maria. Maria had been expecting this, for she had rightly

calculated that no girl in Susan’s financial position would forgo the

luxury of a case in court after such a fight. Maria was poor, but she

felt that the only proper thing to do in the circumstances was to “cross

the warrant”; so she went and crossed it that same day, and Mother Smith

began to sell some of her scanty stock of furniture to raise enough

money to employ a lawyer.

Susan acted very rapidly when her mind was made up. After leaving the

court-house she had sent a note to Tom telling him to come round to see

her that night; and Tom, who had already heard about the fight, came as

requested.

He was a short, stoutish young fellow of about twenty-six years of age,

and somewhat lighter in complexion than Susan. His watery eyes, weak

mouth, and tip-tilted nose showed a man of little strength of character;

you would rightly have described him as a nondescript sort of person. He

took great pride in his appearance, always used cheap scents on Sundays,

and carried on his amours as surreptitiously as possible. He had a

horror of domestic quarrels, and though it was true that he had been

attracted by Maria’s appearance, fear of Susan’s temper had kept him

fairly faithful to his vows of eternal constancy. He had flirted just a

little with Maria. He had made her one or two presents. He had written

her a couple of letters; he was rather (perhaps dangerously) fond of

writing letters. But Susan overawed him, and in the midst of these

amorous exercises he had devoutly hoped that she would never suspect him

of even speaking to Maria. Judge of his consternation, therefore, when,

after greeting him coldly and saying that she had sent for him because

he did not seem to care now about coming to see her as often as before,

she launched out upon a sea of reproaches, and overwhelmed him with

perfectly just accusations. Naturally, he denied all intercourse with

Maria, though remembering with a sinking heart that his own handwriting

might be produced against him. But Susan evidently knew nothing about

those letters: perhaps he could induce Maria to return them to him. He

began to take heart—too soon. For Susan did not believe a word he said,

though she pretended to do so in order to gain the end she had in view.

She heard him out to the end, and after he had expressed his indignation

at the conduct of Maria, and agreed with Susan that that young woman

deserved severest punishment, she quietly said:

“I bring Maria up to-day.”

Tom was thunderstruck.

“You mean,” he stammered, “that you going into a court-house with that

girl?”

“Yes,” she answered; “I make up me mind.”

“An’ then,” he protested heatedly, “my name will be called, an’ I will

be mixed up in it! What you talkin’ about, Sue?”

“You’ name won’t be called,” she answered inflexibly. “What you fretting

about? If you know, as you say, that you have nothing to do with Maria,

you needn’t trouble you’self. It is me bringing her up, not you. Who is

to call you’ name?”

Tom looked into her face, and realized that there was no turning her

from her purpose. The two were alone in the day-sitting-room; but even

if the rest of the family were there, he reflected ruefully, that would

hardly assist him.

“I don’t like it,” he muttered dismally.

“Don’t fret about anything,” she cheerfully advised him as he bade her

good-night. “You’ name won’t come into the case.”

But Tom left her with a sinking heart.

* * * * *

The eventful day of the case dawned at last, and found Susan and her

family in a state of intense excitement. The case was to be tried in the

Police Court, a building which had once been a barracks for the Imperial

soldiers when troops were stationed in the city of Kingston. The

courtyard of this building opened on one hand upon the city’s central

park, a large plot of land planted out in umbrageous evergreens and

flowering shrubs; on the other hand, it opened upon one of the city’s

busiest thoroughfares. Thus on the one side was an oasis of peace and

beauty, while in the adjoining street to the west all was squalor and

confusion. This street itself was filled with little shops and crowded

with clamouring, gesticulating people. A market was there, and the

echoes of shrieks of laughter and sudden volleys of abuse sometimes came

to the magistrates and lawyers as they transacted their business in the

court; but they accepted these minor interruptions as part of the

settled order of things, and never complained about them. Carts rattling

over the brick pavement, electric cars passing at frequent intervals and

incessantly sounding their gongs to warn the careless people out of

their way, diminutive venders shouting out the nature and superior

quality of their wares—all this, with the inevitable clouds of dust

which swept over and enveloped everything, made up the life and activity

of the street. And dominating the whole scene stood the weather-worn,

ugly, two-storeyed building which to so many thousands of the people was

the awe-inspiring symbol of a vague and tremendous power called Law.

Both Susan and Maria knew the place well. They arrived there with their

attendant retinues at a little before ten o’clock, the hour at which the

court began to sit. Policemen were to be seen about the large courtyard,

clad in white jackets and blue serge trousers and white helmets. They

were the visible and self-conscious representatives of might, majesty,

dominion, and power. Habitual criminals made remarks about them as they

passed up and down amongst the scores of people who loitered in the

courtyard; but they paid no attention to these, for freedom of ambiguous

speech is the privilege of all habitual criminals.

Soon after their arrival, Susan and Maria entered the court-room with

their friends to wait until their case should be called. They had been

there more than once before as spectators, but now, as the principal

actors in such a tremendous drama, they gazed about them with new and

strange sensations.

The room was furnished in the plainest manner possible. At the southern

end of it was a platform, on which stood a desk and a chair: these were

for the magistrate. To the magistrate’s right was the witness box, and

just below his desk was a table, with a number of chairs around it. Here

the court serjeant, one or two police inspectors, and the lawyers sat.

Behind these, and facing the magistrate, was the dock; behind this dock

were ranged a few wooden benches without backs, and apparently designed

for the purpose of inflicting the maximum amount of physical discomfort

on those who might choose to sit on them. These were for the use of the

spectators.

A case over, a trifling thing relating to a young lady with fifteen

previous convictions for abusive language, the case of Susan Proudleigh

_v._ Maria Bellicant was called. Maria, as the accused, took up her

stand behind her lawyer, who rose and informed the magistrate that he

appeared for her.

“Susan Proudleigh!” called the court serjeant, and Susan rose. But the

policeman at the door, who acted as the crier of the court, would not be

defrauded of his privilege of shouting out her name; so immediately his

voice was heard screaming, “Su—u—u—san Pounder! Su—u—u—san

Pounder! Su—u—u—san Pounder!” And another policeman outside took up

the cry with, “Su—u—u—san Plummer! Su—u—u—san Plummer! Su—u—san

Plummer!” and was about to return the verdict of “No answer,” when he

learnt that the lady was inside.

Susan was motioned towards the witness box after Maria had vehemently

pleaded not guilty to the charge of assault and battery. She felt

nervous as she gazed around the crowded room, but she was comforted by

the reflection that she looked very well in her white lawn frock trimmed

with blue ribbons, with hat to match.

She took the book in her hand as directed, and swore that she would tell

nothing but the truth. Then she stated her case.

“My Honour, I was walking me way quite quiet an’ peaceful down Blake

Lane on Thursday night last week; I was goin’ for a walk, my Honour, an’

thinking about——”

“Never mind what you were thinking about,” said the magistrate; “go on.”

“Yes, my Honour. I was thinkin’ about me poor old father at home, when

all of a sudden I see Maria Bellicant at the corner. I was goin’ to tell

’er good evening, because as I know I never do her nothing, I had no bad

feelings against ’er, and——”

“Oh, never mind all that!” interrupted the magistrate impatiently; “we

don’t want to hear about your feelings. Tell us the facts.”

This was distinctly disconcerting. Susan, who had been trying to

manipulate her th’s properly so as to make a good impression upon His

Honour, now began to think he was prejudiced against her. However, she

went bravely on.

“I go up to Maria, my Honour, an’ I was going to say, ‘Good evening,

Maria,’ when she look at me an’ laugh. An’ she say, ‘Look at this

wort’less gal!’ I say to her, ‘But, Maria, why you call me wort’less?’

an’ I go up nearer up to ’er in a friendly spirit; an’ she take ’er

elbow an’ push me, an’ I hold ’er hand, an’ she collar me an’ begin to

beat me, an’ I bawl for murder.”

She paused, for this was her version of the truth, the whole truth, and

nothing but the truth. Her lawyer asked her a few questions, the answers

to which all tended to corroborate her story. She felt quite satisfied,

believing that she had already won the case; but Maria’s lawyer rose

very quietly, and intimated that he desired to ask her a few questions.

“Your name is Susan Proudleigh?” he asked, the tone of his voice

suggesting that he thought the name might be an _alias_.

“Yes.”

“You live at No. 101 Blake Lane?”

“Yes, sir.”

“Your intended’s name is Thomas Wooley?”

“What has that to do with the case?” asked the magistrate.

“A great deal, your Honour,” answered the lawyer. “Now, Susan,” he went

on, “remember you are on your oath! Your sweetheart’s name is Thomas

Wooley, isn’t it?”

Susan looked at him dumbly. But his “Answer me!” was too peremptory to

be disobeyed.

“Yes,” she answered, and her heart sank, for she remembered what she had

said to Tom about his name not being called.

“And he is tired of you, isn’t he?” her questioner continued

mercilessly, rejoicing in her confusion.

“What you mean?”

“Answer my question, miss!” was again the command.

“No; him never tell me so.”

“Ah, now, don’t you know that Thomas is in love with Maria?”

“I don’t know dat at all; in fact, you ’ave no business——”

“Don’t you dare argue with me! Now when you met Maria Bellicant that

night, and when you told her that she had stolen the clothes she had

on——”

“I never tell ’er so!” Susan burst forth. “I tell ’er she didn’t ’ave a

decent dress to wear!”

“Oh! so you provoked her, did you?”

Susan perceived that she had blundered, but the lawyer did not give her

a chance to recover herself.

“Why did you provoke her? Answer me at once!” he insisted, and she was

about to blunder further, when her lawyer rose and asked the magistrate

if his client was to be intimidated and bullied in that fashion? He

suggested that Susan had offered no provocation whatever, and, although

the magistrate promptly stopped him, Susan caught the cue. She had to

admit, however, that she had struck Maria after she herself had been

struck, and Maria’s lawyer was satisfied that Susan’s principal witness

would admit far more than that.

This witness was a young man, one Hezekiah Theophilus Wilberforce.

Catherine had taken ill almost at the last moment, fear of the

court-house having much to do with her sudden illness; so Susan had had

to fall back upon the assistance of Hezekiah. Had she been sophisticated

she might have tried to obtain the services of a professional witness. A

few of these are always to be found in every West Indian town of any

importance, and they perform the useful function of swearing to things

they never saw. You relate the circumstances to them, and they find that

they were in the vicinity of the occurrence (whatever it was) on the day

or night in question; and, if they were not seen by any of the other

witnesses, that may be attributed to the fact that the excitement was

intense.

These men are well known to the magistrates and lawyers, and sometimes

they are called upon to explain their astonishing ubiquity. But a man is

by British law considered honest until he is proven to be a scoundrel,

so these witnesses continue to flourish like green bay trees. Susan,

however, knew nothing of the high mysteries of the law and the customs

of the court. So Hezekiah had been selected by her, chiefly on the

strength of his own recommendation, as a person most likely to give a

graphic and satisfactory account of the ill-treatment she had suffered

at the hands of Maria Bellicant.

Hezekiah had always had an ambition to figure as something in a court of

justice. Not being able to prosecute anybody himself, he longed for the

time when he should “kiss de book,” and then proceed to tell a story

which should assist in sending a fellow-creature to prison. On his name

being called, he came into the court all smiles, and holding high his

shining head, as one who realized the importance of being a witness. He

repeated the story that Susan had told, varying it only by a detailed

description of the treatment to which she had been subjected. Asked by

the magistrate why he had not attempted to separate the girls, he

replied with a grin that “horse don’t have business in cow’s fight,” a

reason which, he thought, amply explained his apparent cowardice. That

said, he was about to step down from the box, not anticipating that

anything further would be required of him, when Maria’s lawyer abruptly

asked him where he was going to?

He paused, confused by the sharp and even threatening tone of the

lawyer, who knew his type well.

“Hezekiah, what do you do for a living?” was the first question put to

him.

The question was quite unexpected, and it was simply impossible for

Hezekiah to answer it straightforwardly. For the truth was that he did

nothing for a living. While he stared open-mouthed at the lawyer,

wondering what to say, the latter called His Honour’s attention to the

fact that the witness could not answer a simple question about his own

means of livelihood, and then suggested that Hezekiah must either be a

thief or a loafer.

The magistrate was peremptory. “What do you do for a living?” he asked.

“Me mother help me, sah, an’ me uncle,” stammered poor Hezekiah, reduced

to the sad extremity of telling the truth.

“Now, sir!” thundered the lawyer, “do you mean to tell me that a big man

like you is living on a poor old woman? And have you nothing better to

do than come to the court-house and tell lies?”

“I don’t tell no lie, sah!” grumbled Hezekiah.

“Don’t be impertinent, sir! Now remember you are on your oath: didn’t

the Chinaman at the lane corner once threaten to put you in charge for

stealing a pack of Rosebud cigarettes off his counter?”

The question came like a thunder-clap. Hezekiah’s love for these

cigarettes was well-known to all his friends, but he had fondly hoped

that that little episode, which might have had so unpleasant a

termination, had been forgotten by the Chinaman himself. How did the

lawyer know of it? In his bewilderment it did not dawn on him that his

whole life-history, in so far as Maria knew it, had been told with point

and circumstance to Maria’s lawyer.

Fear now took possession of him—abject fear. A few more questions like

the last, and his reputation in the lane would be ruined for ever. He

moved about in his circle as a man of some importance, for he played the

guitar, swore with remarkable fluency, and claimed superiority on the

ground that he neither worked nor wanted. This examination was not at

all what he had bargained for. As he explained afterwards, the lawyer

took a mean advantage of him. But the fierce interrogatory had had its

effect; for when the lawyer asked him, “Now, didn’t you see Susan

Proudleigh assault Maria Bellicant first?” he meekly answered, “Yes.”

After that the truth, or as much of it as Hezekiah could remember, came

out. All that Susan’s lawyer could do was to prove that Maria had been

as quick to quarrel as Susan. Long before the witnesses were finished

with, it had become clear to the magistrate that he had here a simple

case of jealousy to deal with, and, as he had acquired something of a

reputation as a maker of compromises (which satisfied nobody) he thought

he would interpose at this point and so still further add to his fame as

a peacemaker.

Looking sternly at Susan, he told her that she could go on with the case

if she liked; but that though it was clear that he would have to fine

Maria for provoking her to a breach of the peace, by putting her hand in

her (the prosecutor’s) face, which act amounted to a technical assault,

he saw clearly that when Maria Bellicant’s case came on he would also

have to fine the present prosecutor. Both had used insulting words; both

were to blame. So he would advise them to make up their differences out

of court, especially as they appeared to be two decent young women.

Being a man of decided views on morality, he was particularly hard on

Tom.

“That young man, Tom Wooley,” he said, “has really been the cause of

this quarrel. I wish he was here so that I could deal with him. But I

hope that some one will tell him what I say. He seems to be a very loose

character, and I fear that there are only too many such in Kingston. I

have no doubt that he is deceiving a number of other women, and his acts

may lead to some of them going to prison one day.” The speaker glanced

at the reporters to see if they were taking down his little speech.

Satisfied that they were, he went on to urge upon the girls the

necessity of leading a respectable and self-sacrificing life. This they

most faithfully promised to do, all the while thinking him an old crank

who interfered too freely with other people’s business. Much pleased

with the apparent result of his efforts to rescue Susan and Maria from

the broad and easy way, and proud that he had effected another

compromise, he ordered the serjeant to call the next case, and the young

women and their several friends left the court.

Maria was delighted, for Susan had to all intents and purposes lost her

case. Hezekiah was dazed, his mind being awhirl with new and

uncomplimentary thoughts about His Britannic Majesty’s courts. They were

to him places where mean advantages were taken of truthful witnesses,

and in his heart of hearts he knew also that he had fallen from grace

for ever, in so far as Susan was concerned. As for Susan, she was

furious. She had not succeeded in getting Maria punished. She had been

lectured by an “ole fool” as she called the learned magistrate. Worst of

all, Tom’s name had been repeatedly mentioned during the trial. It had

been an entirely miserable affair, and, for her, a humiliating defeat.

Susan Proudleigh · 第 3 / 12 章