THE LAW-SUIT--THE BATTLE, AND THE VICTORY.

The great case of Dunning _versus_ Dixon came on at last.

On that day Captain Dunning was in a fever; Glynn Proctor was in a

fever; Tim Rokens was in a fever; the Misses Dunning were in two

separate fevers--everybody, in fact, on the Dunning side of the case was

in a fever of nervous anxiety and mental confusion. As witnesses in the

case, they had been precognosced to such an extent by the lawyers that

their intellects were almost overturned. On being told that he was to

be precognosced. Tim Rokens said stoutly, "He'd like to see the man as

'ud do it"; under the impression that that was the legal term for being

kicked, or otherwise maltreated; and on being informed that the word

signified merely an examination as to the extent of his knowledge of the

facts of the case, he said quietly, "Fire away!" Before they had done

firing away, the gallant harpooner was so confused that he began to

regard the whole case as already hopeless.

The other men were much in the same condition; but in a private meeting

held among themselves the day before the trial, Rokens made the

following speech, which comforted them not a little.

"Messmates and shipmates," said Tim, "I'll tell ye wot it is. I'm no

lawyer--that's a fact--but I'm a man; an' wot's a man?--it ain't a

bundle o' flesh an' bones on two legs, with a turnip a-top o't, is it?"

"Be no manes," murmured Briant, with an approving nod.

"Cer'nly not," remarked Dick Barnes. "I second that motion."

"Good," continued Rokens. "Then, bein' a man, I've got brains enough to

see that, if we don't want to contredick one another, we must stick to

the truth."

"You don't suppose I'd go fur to tell lies, do you?" said Tarquin

quickly.

"In coorse not. But what I mean to say is, that we must stick to what

we _knows_ to be the truth, and not be goin' for to guess at it, or

_think_ that we knows it, and then swear to it as if we wos certain

sure."

"Hear! hear!" from the assembled company.

"In fact," observed Glynn, "let what we say be absolutely true, and say

just as little as we can. That's how to manage a good case."

"An', be all manes," added Briant, "don't let any of ye try for to

improve matters be volunteerin' yer opinion. Volunteerin' opinions is

stuff. Volunteerin' is altogether a bad look-out. I know'd a feller, I

did--a strappin' young feller he was, too, more betoken--as volunteered

himself to death, he did. To be sure, his wos a case o' volunteerin'

into the Louth Militia, and he wos shot, he wos, in a pop'lar riot, as

the noosepapers said--a scrimmage, I calls it--so don't let any o' us be

goin' for to volunteer opinions w'en nobody axes 'em--no, nor wants

'em."

Briant looked so pointedly at Gurney while delivering this advice that

that obese individual felt constrained to look indignant, and inquire

whether "them 'ere imperent remarks wos meant for him." To which Briant

replied that "they wos meant for him, as well as for ivery man then

present." Whereupon Gurney started up and shook his fist across the

table at Briant, and Briant made a face at Gurney, at which the

assembled company of mariners laughed, and immediately thereafter the

meeting was broken up.

Next day the trial came on, and as the case was expected to be more than

usually interesting, the house was filled to overflowing long before the

hour.

The trial lasted all that day, and all 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 by their captain to give evidence in his favour. But it

soon became evident that they had not previously determined, as Captain

Dunning's men had done, to stick to the simple truth. They not only

contradicted each other but each contradicted himself more than once;

and it amazed them all, more than they could tell, to find how easily

Mr Rasp turned their thoughts outside in, and caused them to prove

conclusively that they were telling falsehoods.

After the case had been summed up by the judge, the jury retired to

consult, but they only remained five minutes away, and then came back

with a verdict in favour of the pursuers.

"Who's the `pursooers?'" inquired Gurney, when this was announced to him

by Nikel Sling. "Ain't we all pursooers? Wasn't we all pursooing the

whale together?"

"Oh, you grampus!" cried Nikel, laughing. "Don't ye know that _we_ is

the purshooers, 'cause why? We're purshooin' the cap'en and crew of the

_Termagant_ at law, and means to purshoo 'em too, I guess, till they

stumps up for that air whale. And they is the defendants, 'cause

they're s'posed to defend themselves to the last gasp; but it ain't o'

no manner o' use."

Nikel Sling was right. Captain Dixon _was_ pursued until he paid back

the value of his ill-gotten whale, and was forcibly reminded by this

episode in his career, that "honesty is the best policy" after all.

Thus Captain Dunning found himself suddenly put in possession of a sum

of two thousand pounds.

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