CHAPTER XI.
_Angelo_.--We must not make a scarecrow of the law, Setting it up to fear the birds of prey, And let it keep one shape, till custom make it Their perch, and not their terror.
MEASURE FOR MEASURE.
The events of the preceding evening caused quite a sensation in thevillage. We shall better understand the various opinions and feelingsof the inhabitants by stepping, at about eleven o'clock the followingmorning, into the shop, or, as it was called in those days, and wouldgenerally be called now, the "store" of Truman and Jenkins. This wasan establishment at the foot of the hill, where it hung out its sign,in company with several others of the same character, which professedto supply all the wants of the community. Here everything was to behad from a gallon of molasses to a skein of thread, or a quintal ofcodfish, to a pound of nails. On one side, as you entered, were rangesof shelves, protected by a counter, on which were exposed rolls offlannels of divers colors, and calico and broadcloth, and other"dry goods," while a showcase on the counter contained combs, andtooth-brushes, and soaps, and perfumery, and a variety of other smallarticles. The back of the store was used as a receptacle for hogsheadsof molasses, and puncheons of rum and wine, and barrels of whisky andsugar. Overhead and on the posts were hung pails, and rakes, and ironchains, and a thousand things necessary to the complete enjoyment ofcivilization. On the other side was a small counting-room partitionedoff, with a door, the upper part of which was glass, for theconvenience of looking into the shop, in order to be ready to attendto the wants of such customers as might come in. This little room,scarcely eight feet square, contained a small close stove, aroundwhich were gathered some half a dozen persons.
"I say, squire," exclaimed Tom Gladding, a tall, awkward, good-naturedlooking fellow, with legs sprawling out, and heels on the top of thestove, addressing himself to a man in a black suit, rather betterdressed than the others, "what do you think of this here rusty oldFather Holden cut up last night at Conference?"
Squire Miller, as one in authority, and who might be called toadjudicate upon the case, and for other reasons of his own, was notdisposed to commit himself, he, therefore, cautiously replied, _moreNovo Anglicano_, by asking another question, "Were you there, Mr.Gladding?"
"No," said Tom, laughing; "the old folks used to make me go soregular, when I was a boy, I guess I've done my part. So after a whileI give it up."
"It is a pity you ever gave it up," said the squire. "You might get agreat deal of good from it."
"There's two opinions about that," said Tom. "You see, squire, as longas mother was alive, I always went with her regular, 'cause it kind o'comforted her, though somehow or other I never took to it. So when shedied I sort o' slacked off 'till now it's 'een amost two year since Ibeen in."
"They say," observed Mr. Jenkins, "they've took the old man up."
"I'm sorry for that," cried Tom. "To go to take up a kind o'half-crazy man for speaking in meetin'!"
"Why," inquired the squire, "would you allow the man to go aboutdisturbing the neighbors as he pleased?"
"I never heard tell of his disturbing nobody," said Tom. "Just takehim off his notions about the ten vargins and their lamps, and thejudgment day, and I don't know a likelier man than old Holden. In myopinion, he's a cleverer fellow than Davenport, by a long shot."
"I don't believe he's been caught," said a man in a pee-jacket,who, from his appearance, was a fisherman. "I passed his island thismorning about sunrise, with a boatload of oysters, and I see the oldman at his door."
"Well," observed Mr. Jenkins, "I hope he isn't. It's enough to makea body puke up his boots to hear Davenport, and I don't much blameHolden for cutting him short."
"I heard somebody say," said Gladding, "that the old man shook hisfist right in old Davenport's face, and told him up and down he was agood for nothing liar. I want to know if he can sue him, squire?"
"Why, as to that," answered Miller, who being appealed to on aquestion of law, conceived it necessary to show his learning, "if aman strikes at me within striking distance, I can sue him for assault,though he shouldn't touch me. That I call one of the nice pints of thelaw. I decided so myself in the case of Samuel Pond _versus_ EzekielBackus. You see Pond and Backus had a little quarrel about somepotatoes Pond sold him, and Pond got mad, and told Backus he lied.Backus is rather hasty, and doubled up his fist, and put it nearPond's nose, and insinuated that if he said that again he wouldknock him down." Here the squire paused, and looked round to see whatimpression he was making on his audience, and the momentary silencewas taken advantage of by Gladding to observe:
"That Pond's a mean cuss."
The justice took no further notice of honest Tom's not verycomplimentary remark than to cast at him a look of angry surprise,which the other endured with complete indifference.
"So," continued Squire Miller, "Pond went to Lawyer Tippit, and hebrought the suit before me. Backus pleaded his own case, but he had afool for a client; the law was all against him, and I had to fine hima dollar and cost."
"That's considerable to pay," exclaimed Tom, "just for skinning sucha fellow's nose as Sam Pond's (I've heard of the case afore), but youain't said nothing, squire, about calling a man a liar."
"Well," said Squire Miller, "that's what we call a mute point. I heardthe affirmative and negative argued once by Lawyer Ketchum and LawyerTippit. Lawyer Tippit was the affirmative, and Lawyer Ketchum thenegative. Lawyer Tippit's principle was in _medio pessimus ibis_,while Lawyer Ketchum held _qui facit per alien facit per se_. They,therefore, couldn't agree, they were so wide apart, you see. So theyseparated without either giving up, though I think Lawyer Tippit had alittle the best of the argument."
"Lawyer Tippit knows a thing or two," said the fisherman, in a lowtone.
Here Squire Miller handed to Mr. Jenkins twelve and a half cents, forthe four glasses of Jamaica he had drank, a portion of which some wayor other seemed to have got into his last speech, and took his leave.
He had hardly left the store when who should come in but ConstableBasset, bearing in his hand a black staff, "having a head with thearms of the State thereon," the badge of his office, as provided bylaw, and which he was required to carry "upon proper occasions." Somesuch occasion had, in the judgment of the constable, evidently arisen,else it would not now be forthcoming.
He was a bullet-headed, carroty-haired little fellow, with a snub noseand eyes so diminutive and deeply sunken, that but for the sparks oflight they emitted, they would have been undiscernible. The expressionof his face was like that of a wiry terrier, being derived partly fromhis occupation, which, in his opinion, required him to be as vigilantin spying out offenders as the aforesaid peppery animal, in scentingvermin, and being partly the gift of nature. But though the person ofBasset was small, such was not his opinion of himself. That was in aninverse ratio to his size, and at once the source of his highest joys,and, sooth to say, of an occasional mortification. But the formergreatly preponderated, and, on the whole, it was a pleasure toa benevolent mind to look at him, if for no other reason than toconsider how much enjoyment there may be in ignorance.
As soon as Gladding set his eyes on the constable, he hailed him:
"Here, Basset," he cried, "what are you going to do this morning withthat are stick?"
The constable did not much relish hearing the badge of an office whichhe esteemed one of the most important in the State thus lightly spokenof and degraded to a common stick; he, therefore, replied somewhatshortly--
"I guess, Mr. Gladding, you don't see the head of my staff, do ye?"
"Don't I?" said Gladding. "I know oldAuthority-by-the-State-of-Connecticut a mile off, without seeing hishead, I rather think. But what are you up to now?"
Basset, who, though no Solomon, had too much wit to admit every oneinto his confidence, answered:
"O, nothing; I was only looking for Squire Miller."
"Why," said Gladding, "he only left the store a minute ago. I sayBasset, y
ou got a warrant agin old Holden?"
"Why," said Basset, "what makes you ask?"
"Because," replied Gladding, mischievously, who strongly suspecting anintention to arrest Holden, and knowing the constable's cowardice,was determined to play upon his fears, "I shouldn't like to be in yourskin when you go for to take him."
"I'd like to see the man what would dare to resist when I showed himmy authority," said the constable. "I guess I'd make him cry copeevyin less than no time."
"Well," said Gladding, who all this while had been leisurely whittlinga bit of white pine, "well, Basset, you know your own business best,and I'm not a man to interfere. My principle is, let every man skinhis own skunks. You haint no wife nor children, have you?"
"No," said Basset. "What makes you ask?"
"Well, I'm glad to hear it. I always think it judgmatical, you see,to choose a man for constable who haint got no family; 'cause, if anyaccident should happen, 'twouldn't be of so much consequence."
"I don't catch your meaning clear," said Basset.
"You'll catch it clear enough, I guess," answered Gladding, "if Holdengits hold o' ye."
"Now, Tom Gladding, you needn't think you're going to frighten _me_,"cried Basset, on whom the charm was beginning to work.
"I never had sich an idea," said Tom. "But folks does say he's adesperate fighting character. Did you never hear tell of Kidd thepirate, and his treasures, ever so much gold and silver, and rings andwatches, and all sorts o' trinkets and notions, buried somewhere alongshore, or perhaps on the old fellow's island? Folks does say thatwhen it was kivered, two men was murdered on the spot, so that theirsperits should watch it, and hender other folks from gitting on't.But them may be all lies. I heard tell, too," he added, bending downtowards the constable, and speaking in a low, confidential tone, as ifhe wished to be overheard by no one, "that Holden's Kidd himself; butI don't believe a word on't. I tell you this as a friend of your'n,and I advise you to be prudent."
Poor Basset left the shop, with a much less confident air than thatwith which he had entered it. The truth is, he had in his pocket, allthe while, a warrant issued by Squire Miller to arrest Holden, whichhe now most heartily wished he had never burnt his fingers with.He had heard before, the strange stories in circulation about theSolitary, but had listened to them with only a vague feelingof curiosity, without any personal interest therein, so that noimpression of any consequence had been made upon his mind. But now thecase was different. The matter was brought home to his own bosom. Herewas he, Constable Basset, required and commanded, "by authority of theState of Connecticut," to arrest a man of the most violent character,"for," said Basset to himself, "he must be a dangerous fellow, elsehow would he venture to insult a whole conference? Tom Gladding'smore'n half right, and I must look sharp." Gladly would he haveabandoned the whole business, notwithstanding his cupidity was not alittle excited by the fees, but he doubted whether the sheriff, hisdeputy, or any other constable would execute the warrant in hisstead; nor did any plausible excuse present itself to account fortransferring it to other hands. Thus musing, with fear and avaricecontending in his breast, he walked up the street. But it may benecessary to tell how Basset got into the dilemma, and, in order to doso, we must retrace our steps.
The interruption at the conference had not a little offendedDavenport. A pompous and conceited man, any slight to himself, anyfailure to accord a deference he considered his due, he felt sensiblyas an injury; much more, then, an open defiance and direct attack.That Holden or any one should have the hardihood, before an assemblageof his friends and acquaintances, to interrupt him and load him withreproaches, wounded his self love to the quick, and he fancied itwould affect his reputation and influence in the community were theoffence to be passed over without notice. He therefore resolved thatsomething should be done to punish the offender, though unwilling toappear himself in the matter, as that might expose his motives; andall the way home, his mind was engrossed with schemes to accomplishhis purpose. It was little attention, then, he be stowed upon the"good gracious" and "massy on us" of his better half, as, withindignation becoming the provocation, she kept herself warm, andshortened the way. But, notwithstanding, he was forced to hear them,and they affected him like so many little stings to urge him torevenge. So excited were his feelings, that it was some time before hefell asleep that night, long after notes other than those of music hadannounced the passage of Mrs. Davenport to a land of forgetfulness,though not before her husband had matured a plan for the morrow.
Accordingly, after breakfast, Davenport walked round to the office ofMr. Ketchum. Ketchum was a young man, who, but a short time before,had, in the fortunate town of Hillsdale, hung out his professionalsign, or shingle, as people generally called it, whereon, in giltletters, were emblazoned his name and the titles of "Attorney andCounsellor at Law," whereby the public were given to understand thatthe owner of the aforesaid name and titles was prepared with pen ortongue, or both, to vindicate, _a entrance_, the rights of all whowere able and willing to pay three dollars for an argument before aJustice Court, and in proportion before the higher tribunals. He wasa stirring, pushing fellow, whose business, however, was as yet quitelimited, and to whom, for that reason, a new case was a _bonne bouche_on which he sprung with the avidity of a trout.
This gentleman Davenport found apparently lost in the study of arusset sheep-skin covered book. A few other books, bound in likemanner, were lying on the table, with pens and loose paper and anink-stand, among which were mingled files of papers purporting tobe writs and deeds. Against the walls were two or three shelvescontaining some dingy-looking books having a family likeness to theformer.
After the usual compliments, Davenport made known his business. "Ascandal," he said, "had been occasioned by the conduct of Holden, anda great injury inflicted on the cause of religion. It was for thatreason," he intimated, "and not from any private feeling he wanted himbrought to justice. Some people think him a little touched," he said,"though I don't believe it, and if it was only my own case I shouldoverlook his insults, for it is the part of a Christian to sufferwrong without complaining, but there's others to be thought of, andI'd sooner cut off my right hand than not do my duty. So, squire,"he concluded, "we must see if we can't learn him reason, and stop hisdisturbing the worship of God."
"There is no difficulty about that, Squire Davenport," said Ketchum,who was acquainted with the particulars of the occurrence of thenight previous, before the arrival of his client, having heard themdiscussed over breakfast at his boarding-house. "You have the plainestcase in the world. We'll soon put him through a course of sprouts."
"How do you think we had better proceed?" said Davenport.
"Why," replied the other, opening the Statute Book, "you have at leasttwo causes of action; you can bring a civil action for the slander,and also proceed against him on the part of the State for theinterruption of the meeting."
"I don't care about suing him on my own account," said the client,who, perhaps, not reposing unlimited confidence in the young man'sknowledge of law, and doubting the success of a civil action, hadvisions of possible costs he might be obliged to pay floating beforehis imagination. Besides, Davenport was a shrewd fellow who had been"in the law" before; and experience taught him how to make allowancefor the natural anxiety of a new practitioner to obtain business."No, I have no feeling about it myself," said Davenport, "and it is myopinion we had better take him on the part of the State."
"It is just as well," said the attorney; "one suit will not interferewith the other. We can first proceed against him criminally, andafterwards bring an action for damages."
"Well, well," said Davenport, "now about the prosecution."
"Then," said Ketchum, opening the Statute Book at the title"Meetings," after first running though the index; "we can take himunder the Act on the 492d page, entitled, 'An Act for preserving dueorder in town meetings, society meetings, and in the meetings of othercommunities, and for preventing tumults therein,'" and he read the actaloud.
"I don't exactly like that," observed Davenport, "The fine, in thefirst place, is only eighty-four cents, except the case is aggravated,when it is a binding over, and then the County Court cannot go overthirty-four dollars fine. There's no imprisonment and Tom Pownal orArmstrong would go bail, and pay the fine too, if it comes to that; sothere would be nothing gained by the operation."
"Let as see if we cannot find something else," said Ketchum, "to suityour taste better I think (for he now perfectly understood the temperof his client, and read the vindictive purpose of his soul, and,alas! was willing to descend to the meanness of ministering to itsgratification,)--I think it would be a reproach to the law if such ahigh-handed outrage should be permitted to pass unpunished." He againreferred to the index and apparently finding what he wanted turned theleaves till he came to the title, "Workhouses." "Here," cried he, "atthe 688th page, in the seventh section, we have got him;" and he readfrom the Statutes a provision, authorising and empowering an associateor Justice of the Peace to send "'all rogues, vagabonds, sturdybeggars, and other lewd, idle, dissolute, profane and disorderlypersons that have no settlement in this State, to such workhouses, andorder them to be kept to hard labor' &c.; and here on the next page,'also such as are guilty of reviling and profane speaking.'"
"That last will do, if the law will hold him," said Davenport.
"Leave that to me," said Ketchum. "That section will hold water ornothing will. Give me the names of your witnesses, and we will setthe mill a grinding. I suppose," he added, carelessly, "you have noobjection to bringing the case before Squire Miller?"
"Oh, none in the world," answered the other, who knew perfectly wellthe influence he exercised over the Justice. "But you haven't said aword about the Grand Juror to make the complaint."
"That will be all straight," replied Ketchum. "Two Grand Jurors I knowwere at the meeting, either of whom will answer our purpose. Trustthat to me, and I will attend to it."
Hereupon, Davenport mentioned the names of the witnesses he wishedsubp[=oe]ned. "And now, Squire," he added, "that this matter isconcluded between us, how comes on my case with Fanning?"
Ketchum felt some surprise at the question, although his countenanceexpressed none, for it was only a short time since he had gone overthe whole subject with his client, and the plan of operations hadbeen agreed on between them. He understood, however, the characterof Davenport too well not to know that he had a reason of his ownfor asking, and not doubting it would come out in the course of theconversation, he replied very composedly that it would probably bereached the next term.
Davenport went on for awhile, talking of his case, Ketchum all thetime wondering at his drift, until, having concluded what it pleasedhim to say, he rose to take leave. After bidding good morning by wayof farewell, he walked to the door, when suddenly turning, as if thethought had just struck him, he observed--"By the way, if anybodyshould happen to notice that I had called on you, I have no objectionsto your saying I had a talk with you about that case of Fanning's."
As soon as the door was closed, Ketchum leaned back in his chair andindulged in a low sarcastic laugh. "The old sinner," he said, aloud;"he is a cute one; sharp as a pin, but needles are sharper. What aknack he has of whipping the devil round the stump! To look at thatman you would suppose he was too good for preaching. And he flattershimself he is imposing on me! He must get up earlier for that. It ismy opinion his only chance when his turn comes will be in cheating hisSatanic Majesty. Well, practice makes perfect, and he has enoughof it. I do declare," he added, after a pause, as if scruples ofconscience were arising in his mind, "I am almost sorry I undertookthis business. But all trades must live."
Consoling himself with this reflection, Ketchum started to hunt up thegrand juror. He found no difficulty in inducing him to make complaintto Justice Miller, having first satisfied him that an offence had beencommitted which the law compelled him to notice officially.
Squire Miller, however, seemed disposed, at first, to take a differentview of the subject. He said he had known Holden a good many years,and never heard harm of him except that he was a little flightysometimes; but if the grand juror insisted, of course he would issuethe warrant.
The minister of the law must have been inexorable, for the complaintwas made, and the warrant signed in due form and delivered to Bassetto be executed.
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