CHAPTER XXXVI.

A TYPOGRAPHICAL ERROR.

When Chief of Police Hodgins learned that a prominent lawyer had come

from New York to take the case of the Camera Chap, he was somewhat

worried; but when he got a glimpse of Mr. Horatio Hands, his anxiety

vanished, and he expressed his opinion of that legal luminary by a

guffaw of derision.

“You just oughter to see him, Mr. Mayor,” he said to the Honorable

Martin Henkle. “He’s a little bit of a pink-whiskered runt that don’t

look as if he’s got nerve enough to swat a fly. I guess we ain’t got

nothin’ to fear from him.”

“Well, you can’t always go by appearances,” Mayor Henkle replied. “He

must be a pretty good lawyer, or that newspaper wouldn’t have sent him

here. However, we have no cause to worry that I can see. We’ve got a

clear cut-and-dried case against that fellow Hawley, and all the lawyers

in the world couldn’t keep him out of jail.”

Hodgins nodded. “Sure! He might as well plead guilty, and save the

court’s time. What defense can he offer? None that I can think of. By

the way, Mr. Mayor, I met my friend Timmins, the warden of the county

jail, on Main Street this morning. I spoke to him about that Camera

Chap, and Timmins has promised to make things hot for him when he

arrives there. Timmins has his own little ways of rubbing it into an

inmate of his institution when he don’t like him. I guess by the time

that young loafer gets through servin’ his time he’ll have had all the

chestiness taken out of him.”

Although Hawley, according to his legal rights, should have been brought

before a magistrate on the same day that he was arrested, he was not

taken to court until the following morning.

The delay was due to the explosion in the Chronicle Building. Hodgins

had been so busy working on that case that he had not had time to go to

court, eager though he was to see the Camera Chap’s case disposed of as

soon as possible.

The latter, with Carroll to keep him company, spent the night in the

cell at police headquarters. The next morning both of them were taken to

the police court, but while Hawley, his offense being only a

misdemeanor, was to have his fate settled right away in that court,

Carroll, being charged with a more serious crime, was to have merely a

preliminary examination.

The explosion in the Chronicle Building had created a lot of excitement

in Oldham, and the courtroom was crowded when the two newspaper men were

arraigned. The Honorable Martin Henkle was among those present. He sat

on the bench beside the magistrate, a smile of grim satisfaction upon

his face.

Carroll was the first to be given a hearing. As he was arraigned at the

bench, a little man with a reddish beard stepped briskly to his side.

“Who are you, sir?” the judge inquired.

“Counsel for the defense, your honor,” the little man answered, in a

shrill, piping voice that caused many in the courtroom to smile.

Chief Hodgins scowled. “But I thought you was the lawyer for the other

one--the camera feller,” he protested.

“I am not responsible for your thoughts, my friend,” the lawyer

retorted. “If I were, my responsibilities would be light. However, in

order to satisfy your curiosity, I don’t mind informing you that I have

been retained as counsel in both cases. Mr. Carroll has honored me by

asking me to look after his interests, too.”

The lawyer turned to the magistrate. “Your honor, in this case, although

I am convinced that my client’s arrest is an outrage, as we shall easily

prove later on, we will waive examination.”

“Very good, sir,” said the judge. “I will remand the prisoner to the

county jail, to await the action of the grand jury. Call the next case.”

“Frank Hawley to the bar!” yelled the court officer.

As the Camera Chap stepped forward, his eyes met those of the Honorable

Martin Henkle. The latter’s face wore an expression resembling that of a

cat which is about to swallow a canary. It was an exact duplicate of the

expression which at that moment adorned the countenance of Chief of

Police Hodgins.

It did not take the latter long to present his evidence against the

prisoner. Three recent victims of Hawley’s camera came forward, and

identified him as the man who had snapshotted them on the streets of

Oldham. Hodgins swore that these pictures had been taken without a

license.

Copies of the _Bulletin_ containing reproductions of these snapshots

were offered in evidence. Counsel for the defense asked to be permitted

to examine these exhibits. After he had glanced at them, the lawyer

addressed the court.

“Your honor,” he cried shrilly, “admitting that my client took those

snapshots without a license, I move that the case be dismissed on the

grounds that he has violated no law.”

The magistrate stared at him in astonishment. Mayor Henkle, rendered

vaguely uneasy by the lawyer’s confident tone, fidgeted nervously in his

seat. Chief Hodgins uttered a loud snort of contempt; never in all his

experience had he heard such bosh.

“On the grounds that he has violated no law?” the magistrate repeated

witheringly. “I don’t understand you, sir. It appears to the court that

the prisoner has violated the law prohibiting the taking of photographs

on the streets of Oldham without a license.”

“There is no such law, your honor,” squeaked the little attorney.

“What!” cried the magistrate fiercely. “You had better be careful, sir.

If you attempt to trifle with the dignity of this court you will quickly

find yourself committed for contempt. I don’t care if you come from New

York or----”

“There is no such law,” the counsel for the defense repeated, his voice

even more shrill than before. “If your honor will inspect the original

copy of the ordinance requiring the licensing of cameras, you will

realize the truth of my assertion.”

The judge frowned. “I think you had better explain, sir,” he said

sharply. “Your statements are most extraordinary. They almost warrant a

suspicion either that you are mentally unbalanced or that you have been

imbibing too freely. With one breath you say there is no camera law, and

with the next you ask me to inspect the original copy of the camera law.

How can I inspect it if there isn’t any?”

“I beg your pardon,” said the lawyer, with a smile. “I did not say that

there was no camera law. My contention is merely that there is no law

which forbids the taking of photographs on the street of Oldham without

a license.”

“Oh, indeed?” the magistrate sneered. “Then what does the law forbid--as

you understand it?”

“It forbids the taking of photographs of the streets of Oldham,” the

lawyer replied. “It’s wording is very clear.”

“Nonsense!” cried his honor peevishly. “It says on the streets, not of

the streets. Somebody has been misleading you.”

“Not at all, your honor. I have seen the original copy of the ordinance

myself. I had occasion to examine it less than an hour ago, and I was

very particular to notice its exact wording. If your honor will take the

trouble to inspect the original draft of the ordinance--the one which

was signed by the mayor--you will find that I am right.”

“If such is the case,” Mayor Henkle broke in, with a scowl, “it is

merely a typographical error. Everybody knows that it was the intention

of the framers of the ordinance to regulate the taking of photographs on

the streets of Oldham.”

“I am willing to concede that, sir,” counsel for the defense replied

smilingly. “But, fortunately for my client, intentions don’t count. The

use of the word of, instead of on, may be a typographical error, but the

law must be interpreted precisely as it reads. It isn’t by any means the

first time that a typographical error has saved a man from jail. I have

known cases where even a misplaced comma has had that result.”

Then he turned once more to the magistrate. “I repeat my motion, your

honor, that this case be dismissed. Since none of these snapshots which

my client is accused of taking--and which he admits having taken--is a

photograph of the streets of Oldham, he is guilty of no violation of the

law.”

The magistrate frowned. “We will adjourn court while we go and inspect

the original draft of the ordinance,” he announced. Then, turning to the

Honorable Martin Henkle, he whispered to that discomfited official’s

ear: “If this typographical error really does exist, Mr. Mayor, I am

afraid that we will have to throw the case out of court. As this lawyer

has said, the accused is entitled to a strict interpretation of the law.

If I decided otherwise, they would go to a higher court.”

Once more the Camera Chap’s phenomenal luck, which never seemed to

desert him when he was in tight places, had come to his rescue. The

carelessness of a typist in striking the letter “f” instead of the

letter “n,” and the fact that the mayor had put his signature and seal

to the document without noticing the error, enabled him to leave court,

half an hour later, a free man.

But Hawley did not give all the credit to his lucky star. When the

magistrate, returning from the vaults in which the original drafts of

Oldham’s ordinances were preserved, very ungraciously granted Lawyer

Hands’ motion that the case be dismissed, the Camera Chap turned to his

counsel with a grateful smile.

“I owe my liberty to you, sir,” he exclaimed. “I shan’t forget it in a

hurry. How on earth did you happen to guess that you would find that

mistake in the wording of the law?”

“Oh, I always make it a rule in cases of this sort to examine carefully

the original draft of the law, in the hope of finding some point on

which to base a legal technicality,” the lawyer replied. “I had no idea,

though, that I should find such a glaring typographical error as that.

You certainly are a very fortunate young man.”

“I surely am,” the Camera Chap agreed heartily. “I only hope that my

friend Carroll will be equally as fortunate.”

Nick Carter Stories No. 160, October 2, 1915: The Yellow Label; or, Nick Carter and the Society Looters. · 第 18 / 21 章