LITMIR.BIZ

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while the constable pressed a warning hand on James's shoulder.

      "Well, sir, it's not true then," the boy said. "It's all false from beginning to end, except that I did strike him first; but I struck him, not because he had thrown a great stone and broken my boat, but because he pushed a little girl who was with me down into the water."

      "She slipped down. I never pushed her," Richard broke in.

      "Hold your tongue, sir," the squire said sternly. "You have given your evidence. I have now to hear what the accused has to say.

      "Now, tell your story."

      James now gave his version of the affair.

      When he had ended, Mr. Linthorne said gravely, "Have you any witnesses to call?"

      "Yes, sir, there are two fishermen outside who saw it."

      "Bring them in," the magistrate said to the constable.

      Not a word was spoken in the justice room until the constable returned. As James had told his story, the magistrate had listened with disbelief. It had not occurred to him that his nephew could have told a lie, and he wondered at the calmness with which this boy told his story. Why, were it true, Richard was a coward as well as a liar, for with his superior age and height, he should have been able to thrash this boy in a fair fight; yet James's face had not a mark, while his nephew's showed how severely he had been punished.

      But his eye fell upon Richard when James said that he had witnesses. He saw an unmistakable look of terror come over his face, and the bitter conviction flashed across him that James's story was the true one.

      "There is no occasion to give him the book, Hobson," he said, as the constable was about to hand the Testament to one of the fishermen. "This is a private investigation, not a formal magisterial sitting, and there is no occasion, at this stage, to take any evidence on oath."

      "What is your name, my man?"

      "John Mullens, your honour."

      "Well, just tell me, Mullens, what you know about this business."

      "I was a-mending my nets, yer honour, along with Simon Harte, and young Master Walsham was a-sailing his boat in a pool, along with the little gal as lives at his mother's."

      "How far were you from the spot where he was?" the squire asked.

      "Two hundred yards or so, I should say," the fisherman replied. "We was working behind a boat, but we could see over it well enough. Presently we saw Master Horton come down, and stand alongside the others.

      "I said to Simon, 'He is a good-looking young fellow, is the squire's nephew,'" and the fisherman's eye twinkled with a grim humour, as he glanced at Richard's swollen face.

      "The boat got stuck, and Master Walsham threw something in close to it to get it off. Then I see Master Horton stoop, and pick up a chunk of stone, and chuck it hard; and it hit the boat and knocked it over. I see the little girl turn round and say something to Master Horton, and then she put her apron up to her face and began to cry. He gave her a sort of shove, and she tumbled down into the edge of the pool.

      "I says to Simon, 'What a shame!' but afore the words was out of my mouth, Master Walsham he hits him, and hits him hard, too. Then there was a fight, but Master Horton, he hadn't a chance with James, who gave him as sound a licking as ever you see'd, and ending with knocking him backwards into the pool. Then he gets up and shakes his fist at James, and then goes off as hard as he could. That's all I know about it."

      "It's a wicked lie," Richard burst out. "They have made it up between them. There was nobody there."

      "Hold your tongue, sir, I tell you," the squire said, so sternly that Richard, who had risen from his seat, shrank back again and remained silent; while Simon Harte gave his evidence, which was almost identical with that of the other fisherman.

      "Have you any other witnesses?" the magistrate asked James.

      "Only the little girl, sir, but I did not bring her up. She is so little, I thought it was better she should not come, but I can send for her if you wish it."

      "It is not necessary," Mr. Linthorne said. "I have heard quite sufficient. The manner in which you and these fishermen have given your evidence convinces me that you are speaking the truth, and I am sorry that you should have been placed in this position. You will understand that this is not a formal court, and therefore that there is no question of discharging you. I can only say that, having heard the story of what took place at this fight between you and my nephew, I am convinced that you did what any other boy of spirit would have done, under the same circumstances, and that the punishment which you administered to him was thoroughly deserved.

      "Good morning!"

      James Walsham and his witnesses left the room. Mr. Linthorne rose, and saying to his nephew, "Follow me, sir," went to his study.

      Without saying a word as to what had passed, he took down some books from the shelves, and proceeded to examine Richard in them. A few minutes sufficed to show that the boy was almost absolutely ignorant of Latin, while a few questions in geography and history showed that he was equally deficient in these also.

      "That will do," the squire said. "Go up to your room, and remain there until I send for you."

      An hour after this a dog cart came round to the door. Mr. Robertson took his place in it with his trunk, and was driven away to Exeter, never to return.

      For two days Richard remained a prisoner in his room. His meals were brought up to him, but the servant who came with them answered no questions, telling him that the squire's orders were that he was not to hold any conversation with him. There was, indeed, a deep pleasure among the servants at the Hall, at the knowledge that Richard Horton was in disgrace. The exact circumstances of the affair were unknown, for the fishermen had not been present when Richard had told his story, and Mrs. Walsham, who was much shocked when James told her the circumstances, had impressed upon him that it was better to say nothing more about it.

      "You are clear in the matter, Jim, and that is enough for you. The squire will, no doubt, punish his nephew for the wicked lies he has told. Some day, you know, the boy will be master here. Don't let us set everyone against him by telling this disgraceful story."

      So, beyond the fact that there had been a fight between James Walsham and the squire's nephew, and that Richard Horton had been thrashed, and that the squire himself had said that it served him right, Sidmouth knew nothing of what had taken place in the justice room.

      Mr. Linthorne's first impulse had been to send his nephew at once back to his parents, with the message that he would have nothing more to do with him; but, though he had the reputation of being a stern man, the squire was a very kind-hearted one. He was shocked to find that the boy was a liar, and that, to shield himself, he had invented this falsehood against his opponent; but upon reflection, he acknowledged that he himself had been to blame in the matter. He had taken the boy into his house, had assigned to him the position of his heir, and had paid no further attention to him.

      Unfortunately, the man he had selected as his tutor had proved false to the trust. The boy had been permitted to run wild, his head was turned with the change in his prospects, his faults had grown unchecked. It was to be said for him that he had not intended, in the first place, to bring his opponent into disgrace by making this false accusation against him, for his tutor had acknowledged that he had said he did not intend to tell him, or to take any step in the matter, and his position of accuser had been, to some extent, forced upon him by the necessity of his confirming the tale, which he had told to account for his being thrashed by a boy smaller than himself.

      Yes, it would be unfair upon the boy utterly to cast him off for this first offence. He would give him one more trial.

      The result of the squire's reflection was that, on the third day of his imprisonment, Richard was sent for to the study. The squire did not motion to him to sit down, and he remained standing with, as the squire said to himself, a hang-dog look upon his face.

      "I have been thinking over this matter quietly, Richard, for I did not wish to come to any hasty conclusion.

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