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sible, as the best evidence the case affords; but being made in words those words can be sworn to."

Cuffe was much relieved by this opinion, and as Sir Frederick did not seem disposed to push his dissent very far, the matter would have been determined on the spot; but for a love of disputation which formed part and parcel, to speak legally on a legal subject, of Lyon's moral temperament.

"I'm agreeing with the Judge-advocate, as to his distinction about the admissibility of the testimony on the ground of its not being technically what is called hearsay evidence," he observed; "but a difficulty suggests itself to my mind touching the pairtenency. A witness is sworn to speak to the point before the court; but he is not sworn to discuss all things in heaven and airth. Now, is it pairtenent to the fact of Rawl Eevart's being a spy, that he made sairtain agreements to meet this or that fellow-creature, in this or that place? Now, as I comprehend the law, it divides all questions into two great classes the pairtenent, and the impairtenent, of which the first are legal, and the second illegal." "I think it would be a great piece of audacity," said Sir Frederick, disdainfully, "for such a fellow as this Bolt, to pretend to call any question we can put to him, impertinent!"

"That's no just the p'int, Sir Frederick, this being altogether a matter of law, while ye 'll be thinking of station and etiquette. Then, there 's two classes of the pairtenent, and two of the impairtenent: one being legal and logical, as it might be, and the other conventional and civil, as one may say. There's a nice distinction, latent, between the two."

"I believe the court is of opinion that the question may be put," observed Cuffe, who was impatient of the Scotchman's subtleties, bowing to Sir Frederick, to ask an acquiescence which he immediately received. "We will re-open the doors, and proceed in the examination."

"The court is of opinion, witness," resumed the Judgeadvocate, when every one was in his place again, "that you must answer the question. In order that you may understand it, I will now repeat it. Where was it agreed between Raoul Yvard and his people that they should meet again?"

The Jack O'Lantern,

18

"I do not think the people of the lugger had anything to say in the matter," answered Ithuel, in the most unmoved manner. "If they had I knew nothing on 't."

The court felt embarrassed; but as it would never do to be thwarted in this manner, a look of determination was exchanged between the members, and the examination proceeded.

"If not the people the officers, then? Where was it agreed between the prisoner and his officers, that the former should find the lugger when he returned from his expedition into the Bay?"

"Well now, gentlemen," answered Ithuel, turning his quid from one cheek into the other, “I some conclude you 've no great acquaintance with Captain Rule a'ter all! He is not apt to enter into any agreements at all. What he wants done, he orders; and what he orders, must be done."

"What did he order, then, as respects the place where the lugger was to wait for his return?”

"I'm sorry to be troublesome, please the court," returned the witness, with admirable self-possession; "but law is law, all over the world, and I rather guess this question is ag'in it. In the Granite State, it is always held that when a thing can be proved by the person who said any particular words that the question must be put to him and not to a by-stander."

"Not if that person is a prisoner, and on his trial," answered the Judge-advocate, staring to hear such a distinction from such a source; "though the remark is a good one, in the cases of witnesses, purely. You must answer, therefore."

"It is unnecessary," again interposed Raoul; "I left my vessel here, where I have told you, and had I made a certain signal last night from the heights of St. Agata, Le Feu-Follet would have stood in, near to the rocks of the Sirens, and taken me off again. As the hour is passed, and the signal is not likely to be made, it is probable my lieutenant has gone to another rendezvous, of which the witness knows nothing, and which, certainly, I shall never betray."

There was so much manliness and quiet dignity in Raoul's deportment, that whatever he said made an impression. His answer disposed of the matter, for the moment at least. The Judge-advocate accordingly turned to other inquiries. Little remained, however, to be done. The prisoner had admitted his identity; his capture, with all the attendant circumstances, were in proof, and his defence came next.

When Raoul rose to speak, he felt a choking emotion; but it soon left him, and he commenced in a steady, calm tone, his accent giving point and interest to many of his expressions.

"Messieurs," said he, “I will not deny my name, my character, or my manner of life. I am a Frenchman, and the enemy of your country. I am also the enemy of the King of Naples, in whose territories you found me. I have destroyed his and your ships. Put me on board my lugger and I should do both again. Whoever is the enemy of la France, is the enemy of Raoul Yvard. Honourable seamen like yourselves, Messieurs, can understand this. I am young. My heart is not made of rock; evil as it may be it can love beauty, and modesty, and virtue in the other sex. Such has been my fate - I love Ghita Caraccioli; have endeavoured to make her my wife for more than a year. She has not authorized me to say that my suit was favoured - this I must acknowledge; but she is not the less admirable for that. We differ in our opinions of religion, and I fear she left Monte Argentaro, because, refusing my hand, she thought it better perhaps that we should not meet again. It is so with maidens, as you must know, Messieurs. But it is not usual for us, who are less refined, to submit to such self-denial. I learned whither Ghita had come, and followed; her beauty was a magnet which drew my heart after it, as our needles are drawn towards the pole. It was necessary to go into the Bay of Naples, among the vessels of enemies, to find her I loved: and this is a very different thing from engaging in the pitiful attempts of a spy. Which of you would not have done the same, Messieurs? You are braves Anglais, and I know you would not hesitate. Two of you are still youthful like myself, and must still feel the power of beauty; even the Monsieur who is no longer a young man, has had his moments of passion, like all who are born of woman. Messieurs I have no more to say; you know the rest. If you condemn me, let it be as an unfortunate Frenchman, whose heart had its weaknesses not as an ignominious and treacherous spy."

The earnestness and nature with which Raoul spoke, were not without effect. Could Sir Frederick have had his way the prisoner would have been acquitted on the spot. But Lyon was sceptical as to the story of love, a sentiment about which he knew very little; and there was a spirit of opposition in him, too, which generally induced him to take the converse of most propositions which were started. The prisoner was dismissed, and the court closed its doors, to make up its decision by itself in the usual form.

We should do injustice to Cuffe if we did not say that he had some feeling in favour of the gallant foe who had so often foiled him. Could he have had his will at that moment, he would have given Raoul his lugger, allowed the latter a sufficient start, and then gladly have commenced a chase round the Mediterranean, to settle all questions between them. But it was too much to give up the lugger, as well as the prisoner. Then his oath as a judge had its obligations also, and he felt himself bound to yield to the arguments of the Judge-advocate, who was a man of technicalities, and thought no more of sentiment than Lyon himself.

The result of the deliberation, which lasted an hour, was a finding against the prisoner. The court was opened, the record made up and read, the offender introduced, and the judgment delivered. The finding was "that Raoul Yvard had been caught in disguise in the midst of the allied fleets, and that he was guilty as a spy." The sentence was that he should suffer death the succeeding day, by hanging at the yard-arm of such ship as the commander-in-chief might select, on approving of the sentence.

As Raoul expected little else, he heard his doom with steadiness, bowing with dignity and courtesy to the court, as he was led away to be placed in irons, as befitted one condemned.

CHAPTER XIX.

The world 's all title-page; there's no contents;
The world 's all face; the man who shows his heart
Is hooted for his nudities, and scorned.

Night Thoughts.

BOLT had not been tried. His case had several serious difficulties, and the orders allowed of a discretion. The punishment could scarcely be less than death; and, in addition to the loss of a stout, sinewy man, it involved questions of natural right which were not always pleasant to be considered. Although the impressment of American seamen into the British ships of war was probably one of the most serious moral, as well as political wrongs one independent nation ever received at the hands of another, viewed as a practice of a generation's continuance, it was not wholly without some relieving points. A portion of the British marine disdained to practise it at all, leaving it to the coarser spirits of the profession to discharge a duty which they themselves found repugnant to their feelings and their habits. Thus we remember to have heard an American seaman say, (one who had been present on many occasions when his countrymen were torn from under their flag,) that in no instance he ever witnessed was the officer who committed the wrong of an air and manner which he should describe as belonging to the class of gentlemen on shore. Whenever one of the latter boarded his vessel, the crew was permitted to pass unquestioned.

Let this be as it might, there is no question that a strong and generous feeling existed in the breasts of hundreds in the British navy, concerning the nature of the wrong done a foreign people by the practice of impressing men from under their flag. Although Cuffe was too much of a martinet to carry his notions on the subject to a very refined point, he was too much of a man not to be reluctant to punish another for doing what he felt he would have done himself under similar circumstances, and what he could not but know he would have had a perfect right to do. It was impossible to mistake one like Ithuel, who had so many of the Granite pecu

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