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With Wolfe in Canada

Chapter 3: The Justice Room.
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richard's feelings were not to be envied, as he lay awake that night, thinking over what had taken place in the morning. it had never, for a moment, entered his mind that his tutor would repeat his statement to the squire, and he would have given a good deal if he had not made it. however, there was nothing for him now but to stick to the story, and he felt but little doubt of the result. he had no idea that any, but the actors in it, had witnessed the scene by the pool, and he felt confident that his uncle would, as a matter of course, take his word in preference to that of this boy, who would naturally tell lies to screen himself. of course, the child was there, but no one would mind what a baby like that said. still, it was a nuisance, and he gnashed his teeth with rage at the interference of his tutor in the matter.

"i will get rid of him, somehow, before long," he said. "i will pay him out for his meddling, as sure as my name's richard horton. i will get him out of this before three months are gone."

the next morning at breakfast, richard received a message from the squire that he was to be present at ten o'clock in the justice room, and accordingly, at that hour he presented himself there with a confident air, but with an inward feeling of misgiving.

the squire was sitting at his table, with his clerk beside him. mr. robertson was in a chair a short distance off. the constable was standing by the side of james walsham, at the other end of the room. mr. linthorne nodded to his nephew.

"i wish you to repeat the story which you told mr. robertson yesterday."

richard had thought over whether it would be better to soften his story, but as it had already been told to the squire, he had concluded that there would be more danger in contradicting his first version than in sticking to it. accordingly, he repeated his story almost word for word as he had told it to mr. robertson.

"what have you to say to this, james walsham?" the squire asked. "this is a serious charge, that you without any provocation assaulted and maltreated my nephew."

"i say it is all a lie, sir," james said fearlessly.

the squire uttered a short exclamation of surprise and anger. he had been, at first, favourably impressed with the appearance of the young prisoner, though he had been surprised at seeing that he was younger than his nephew, for he had expected to see a much older boy.

"that is not the way to speak, sir," he said sternly, 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. my first impulse was to pack you off home, and have no more to do with you, but i have thought better of it. mean and despicable as your conduct has been, i take some blame to myself, for not having seen that your tutor did his duty by you. therefore, i have resolved to give you another chance, but not here. i could not bear to have a boy, who has proved himself a despicable liar, about me; but i will try and think that this was a first offence, and that the lesson which it has taught you may influence all your future life, and that you may yet grow up an honourable man.

"but you will remember that, henceforth, you are on trial, and that the position in which you will stand by my will, will depend solely and entirely on your own conduct. if you prove, by that, that this lesson has had its effect, that you deeply repent of your conduct, and are resolved to do your best to be henceforth straight, honourable, and true, you will, at my death, occupy the position i have intended for you. if not, not one single penny of my money will you get. i am going to put you in a school where you will be looked strictly after, and where you will have every chance of retrieving yourself. i have just written to a friend of mine, a post captain in his majesty's service, asking him to receive you as a midshipman. i have told him frankly that you have been somewhat over indulged, and that the discipline of the sea life will be of great benefit to you, and have requested him to keep a tight hand over you, and let me know occasionally how you are going on. i have told him that your position as my heir will, to a very large extent, depend upon his reports, and have asked him, in the name of our old friendship, to be perfectly frank and open in them with me. i have said 'he is my eldest nephew, but i have others who will take his place, if he is unworthy of the position, and although i should be sorry if he should be found wanting, i will commit the interests of all the tenants and people on my estate to no one who is not, in every respect, an honourable gentleman.'

"that will do, sir. you need not remain longer in your room, but you will not leave the grounds. my friend's ship is at portsmouth at present, and doubtless i shall receive an answer in the course of a few days. until then, the less we see each other, the more pleasant for us both."

there were few more miserable boys in england than richard horton, during the week which elapsed before the answer to the squire's letter was received. it cannot be said that, in the true sense of the word, he was sorry for his fault. he was furious with himself, not because he had lied, but because of the consequences of the lie. a thousand times he called himself a fool for having imperilled his position, and risked being sent back again to the dingy house in london, merely to excuse himself for being thrashed by a boy smaller than himself. mad with his folly, not in having invented the story, but in having neglected to look round, to assure himself that there were no witnesses who would contradict it, he wandered disconsolate about the gardens and park, cursing what he called his fortune.

it was an additional sting to his humiliation, that he knew every servant in and about the house rejoiced at his discomfiture, and he imagined that there was a veiled smile of satisfaction, at his bruised visage and his notorious disgrace with the squire, on the face of every man he met outside, and of every woman who passed him in the house.

during the whole week he did not venture near the stables, for there he knew that he had rendered himself specially obnoxious, and there was nothing for him to do but to saunter listlessly about the garden, until the day arrived that the letter came granting the squire's request, and begging that he might be sent off at once, as the vessel would probably put to sea in a few days.

"now, richard," the squire said that evening to him, in a kinder voice than he had used on the last occasion, "you understand exactly how we stand towards each other. that being so, i do not wish to maintain our present uncomfortable relations. you have had your punishment, and, unless i hear to the contrary, i shall assume that the punishment has had its effect. when you return from sea, after your first voyage, you will come home here as if nothing had happened, and this business need never be alluded to between us. if you turn out as i have hitherto believed you to be, i shall receive you as warmly as if my opinion of you had never been shaken.

"i have requested captain sinclair to let me know what is the average allowance that the midshipmen receive from their parents, and shall see that you have as much as your messmates. i have also asked him to kindly allow one of his officers to order you a proper outfit in all respects, and to have the bill sent in to me. so now, my boy, you will have a fresh and a fair start, and i trust that you will turn out everything that i can wish."

"i will try, sir. i will indeed," richard said earnestly; and he spoke from his heart, for the inheritance was very dear to him, and it would be a terrible thing indeed to forfeit it.

for two years after richard horton's departure, things went on quietly at sidmouth. james walsham continued to make a pet and a playmate of little aggie. her out-of-door life had made her strong and sturdy, and she was able to accompany him in all his rambles, while, when he was at work at home preparing fishing lines, making boats, or otherwise amusing himself, she was content to sit hours quietly beside him, chattering incessantly, and quite content with an occasional brief answer to the questions. when he was studying, she too would work at her lessons; and however much she might be puzzled over these, she would never disturb him by asking him questions when so engaged.

she was an intelligent child, and the hour's lesson, morning and afternoon, soon grew into two. she was eager to learn, and rapidly gained ground on mrs. walsham's older pupils. during the two years, that lady never had cause to regret that she had yielded to the sergeant's entreaties. aggie was no trouble in the house, which she brightened with her childish laughter and merry talk; and her companionship, james's mother could not but think, did the boy much good. it softened his manner, and, although he still often went out with the fishermen, he was no longer thrown entirely for companionship upon the boys on the beach.

the sergeant came and went, seldom being more than two months without paying a visit to sidmouth. the child was always delighted to see her grandfather, and james took to him greatly, and liked nothing better than to stroll up with him to a sheltered spot on the hillside, where he would throw himself down on the grass, while the sergeant smoked his pipe and told him stories of his travels and adventures, and aggie ran about looking for wildflowers, or occasionally sat down, for a while, to listen also.

the squire lived his usual lonely life up at the hall. the absence of his nephew, whose ship had sailed for a foreign station, was a relief rather than otherwise to him. it had, from the first, been a painful effort to him to regard this boy as his heir, and he had only done it when heartsick from a long and fruitless search for one who would have been nearer and dearer to him. nor had he ever taken to the lad personally. the squire felt that there was not the ring of true metal in him. the careless way in which he spoke of his parents showed a want of heart; and although his uncle was ignorant how much the boy made himself disliked in the household, he was conscious, himself, of a certain antipathy for him, which led him to see as little of him as possible.

the two years, for which the sergeant had placed his grandchild with mrs. walsham, came to an end. that he did not intend to continue the arrangement, she judged from something he said on the occasion of his last visit, two months before the time was up, but he gave no hint as to what he intended to do with her.

in those weeks mrs. walsham frequently thought the matter over. that the sergeant had plans for the child she could hardly doubt. the child herself had told her that she knew of no other relations than her grandfather, and yet he could hardly intend to take her about with him, after placing her for two years in a comfortable home. she was but seven years old now--far too young to go out into a place as servant girl in a farm house. she doubted not that the sergeant had expended the whole of his savings, and she thought him foolish in not having kept her with him for some little time longer, or, if he could not do that, he might have placed her with some honest people, who would have kept her for the sum he had paid until she was old enough to take a place as a nurse girl.

and yet, while she argued thus, mrs. walsham felt that the old showman had not acted without weighing the whole matter. there must be something in it which she did not understand. in fact, he had said so when he placed the child with her.

as the time approached, she became more worried at the thought of aggie leaving her. the little one had wound herself very closely round her heart. the expense of keeping her was small indeed, the cost of her food next to nothing; while the extra girl, whom mrs. walsham had taken on when she first came, had been retained but a very short time, james's constant companionship with her rendering the keeping of a nurse altogether unnecessary.

at last she made up her mind that she would offer to keep her on without pay. she and james would miss her companionship sorely, and it could not be considered an extravagance, since the money she had received for her would pay for the cost of her keep for years to come. when mrs. walsham's mind was once made up, her only fear was that these mysterious plans of the sergeant would not allow him to leave aggie with her.

punctual to the day, sergeant wilks arrived, and after a little talk in the parlour, as usual, with james and aggie present, he formally requested the favour of a conversation with mrs. walsham alone.

"take aggie for a walk, james. do not stay out above three quarters of an hour, as your tea will be ready for you then."

"you must have wondered, ma'am, a good deal," the sergeant began when they were alone, "why i, who get my living by travelling the country with a peep show, wished to place my grandchild in a position above her, and to have her taught to be a little lady. it is time now that i should tell you. aggie is my granddaughter, but she is the granddaughter, too, of squire linthorne up at the hall."

"bless me!" mrs. walsham ejaculated, too astonished for any further expression of her feelings.

"yes, ma'am, she is the daughter of the squire's son herbert, who married my daughter cissie."

"dear me, dear me," mrs. walsham said, "what an extraordinary thing! of course i remember herbert linthorne, a handsome, pleasant young fellow. he was on bad terms, as everyone heard, eight years ago, with his father, because he married somebody beneath--i mean somebody of whom the squire did not approve. a year afterwards, we heard that he was dead, and there was a report that his wife was dead, too, but that was only a rumour. the squire went away just at the time, and did not come back for months afterwards, and after that he was altogether changed. before, he had been one of the most popular men in this part of the country, but now he shut himself up, gave up all his acquaintances, and never went outside the park gates except to come down to church. i remember it gave us quite a shock when we saw him for the first time--he seemed to have grown an old man all at once. everyone said that the death of his son had broken his heart.

"and aggie is his granddaughter! well, well, you have astonished me. but why did you not tell me before?"

"there were a good many reasons, ma'am. i thought, in the first place, you might refuse me, if you knew, for it might do you harm. the squire is a vindictive man, and he is landlord of your house; and if he came to know that you had knowingly taken in his granddaughter, there was no saying how he might have viewed it. then, if you had known it, you might have thought you ought to keep her in, and not let her run about the country with your son; and altogether, it would not have been so comfortable for you or her. i chose to put her at sidmouth because i wanted to come here often, to hear how the squire was going on; for if he had been taken ill i should have told him sooner than i intended."

"but why did you not tell him before?" mrs. walsham asked.

"just selfishness, ma'am. i could not bring myself to run the risk of having to give her up. she was mine as much as his, and was a hundred times more to me than she could be to him. i took her a baby from her dead mother's arms. i fed her and nursed her, taught her her first words and her first prayer. why should i offer to give her up to him who, likely enough, would not accept the offer when it was made to him? but i always intended to make it some day. it was my duty to give her the chance at least; but i kept on putting off the day, till that saturday when she was so nearly drowned; then i saw my duty before me."

"i had, from the first, put aside a hundred pounds, to give her more of an education than i could do; but if it hadn't been for that fall into the sea, it might have been years before i carried out my plan. then i saw it could not go on any longer. she was getting too old and too bold to sit quiet while i was showing my box. she had had a narrow escape, and who could say what might happen the next time she got into mischief? then i bethought me that the squire was growing old, and that it was better not to put it off too long. so, ma'am, i came to you and made up my mind to put her with you."

"and you had your way," mrs. walsham said, smiling, "though it was with some difficulty."

"i expected it would be difficult, ma'am; but i made up my mind to that, and had you kept on refusing i should, as a last chance, have told you whose child she was."

"but why me?" mrs. walsham asked. "why were you so particularly anxious that she should come to me, of all people?"

the sergeant smiled.

"it's difficult to tell you, ma'am, but i had a reason."

"but what was it?" mrs. walsham persisted.

the sergeant hesitated.

"you may think me an old fool, ma'am, but i will tell you what fancy came into my mind. your son saved aggie's life. he was twelve years old, she was five, seven years' difference."

"why, what nonsense, sergeant!" mrs. walsham broke in with a laugh. "you don't mean to say that fancy entered your head!"

"it did, ma'am," sergeant wilks said gravely. "i liked the look of the boy much. he was brave and modest, and a gentleman. i spoke about him to the fishermen that night, and everyone had a good word for him; so i said to myself, 'i can't reward him for what he has done directly, but it may be that i can indirectly.'

"aggie is only a child, but she has a loving, faithful little heart, and i said to myself, 'if i throw her with this boy, who, she knows, has saved her life, for two years, she is sure to have a strong affection for him.'

"many things may happen afterwards. if the squire takes her they will be separated. he may get to care for someone, and so may she, but it's just giving him a chance.

"then, too, i thought a little about myself. i liked to fancy that, even though she would have to go from me to the squire, my little plan may yet turn out, and it would be i, not he, who had arranged for the future happiness of my little darling. i shouldn't have told you all this, ma'am; but you would have it."

"i am glad you brought her to me, sergeant wilks, anyhow," mrs. walsham said, "for i love her dearly, and she has been a great pleasure to me; but what you are talking about is simply nonsense. my son is a good boy, and will, i hope, grow up an honourable gentleman like his father; but he cannot look so high as the granddaughter of squire linthorne."

"more unequal marriages have been made than that, ma'am," the sergeant said sturdily; "but we won't say more about it. i have thought it over and over, many a hundred times, as i wheeled my box across the hills, and it don't seem to me impossible. i will agree that the squire would never say yes; but the squire may be in his grave years before aggie comes to think about marriage. besides, it is more than likely that he will have nothing to say to my pet. if his pride made him cast his son off, rather than acknowledge my daughter as his, it will keep him from acknowledging her daughter as his grandchild. i hope it will, with all my heart; i hope so."

"in that case, sergeant wilks," mrs. walsham said, "let this be her home for the time. before you told me your story, i had made up my mind to ask you to let her remain with me. you need feel under no obligation, for the money you have paid me is amply sufficient to pay for the expenses of what she eats for years. it will be a real pleasure for me to keep her, for she has become a part of the house, and we should miss her sorely, indeed. she is quick and intelligent, and i will teach her all i know, and can train her up to take a situation as a governess in a gentleman's family, or perhaps--" and she laughed, "your little romance might come true some day, and she can in that case stop in this home until james makes her another."

"you are very kind, ma'am," the sergeant said. "truly kind indeed; and i humbly accept your offer, except that so long as i live she shall be no expense to you. i earn more than enough for my wants, and can, at any rate, do something towards preventing her from being altogether a burden on your hands. and now, ma'am, how would you recommend me to go to work with the vindictive old man up at the hall?"

"i shouldn't have thought he was vindictive. that is not at all the character he bears."

"no," the sergeant said, "i hear him spoken well of; but i have seen, in other cases, men, who have had the name of being pleasant and generous, were yet tyrants and brutes in their own family. i judge him as i found him--a hard hearted, tyrannical, vindictive father. i think i had better not see him myself. we have never met. i have never set eyes on him save here in church; but he regarded me as responsible for the folly of his son. he wrote me a violent letter, and said i had inveigled the lad into the marriage; and although i might have told him it was false, i did not answer his letter, for the mischief was done then, and i hoped he would cool down in time.

"however, that is all past now; but i don't wish to see him. i was thinking of letting the child go to the hall by herself, and drop in suddenly upon him. she is very like her father, and may possibly take his heart by storm."

"yes," mrs. walsham assented. "now i know who she is, i can see the likeness strongly. yes; i should think that that would be the best way. people often yield to a sudden impulse, who will resist if approached formally or from a distance. but have you any reason to suppose that he will not receive her? did he refuse at first to undertake the charge of the child? does he even know that she is alive? it may be that, all these years, he has been anxious to have her with him, and that you have been doing him injustice altogether."

"i never thought of it in that light," the sergeant said, after a pause. "he never came near his son when he lay dying, never wrote a line in answer to his letters. if a man could not forgive his son when he lay dying, how could he care for a grandchild he had never seen?"

"that may be so, sergeant wilks; but his son's death certainly broke him down terribly, and it may be that he will gladly receive his granddaughter.

"but there are the young ones back again. i will think over what you have been telling me, and we can discuss it again tomorrow."

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