Heathfield applied to one of the puisne judges for a postponement, on the ground that a principal witness could not attend. Application was supported by the attorney's affidavit, to the effect that Mr. Speers was in Boulogne, and had written to him to say that he had met with a railway accident, and feared he could not possibly come to England in less than a month. A respectable French doctor confirmed this by certificate. Compton opposed, but the judge would hardly hear him, and postponed the trial as a matter of course; this carried it over the sittings into next term.
Alfred groaned, but bore it patiently; not so Dr. Sampson: he raged against secret tribunals: "See how men deteriorate the moment they get out of the full light of publeecity. What English judge, sitting in the light of Shorthand, would admit 'Jack swears that Gill says' for legal evidence. Speers has sworn to no facks. Heathfield has sworn to no facks but th' existence of Speer's hearsay. They are a couple o' lyres. I'll bet ye ten pounds t' a shilling Speers is as well as I'm."Mr. Compton quietly reminded him there was a direct statement--the French doctor's certificate.
"A medical certificut!" shrieked Sampson, amazed. "Mai--dearr--sirr, a medical certificut is just an article o' commerce like an attorney's conscience. Gimme a guinea and I'll get you sworn sick, diseased, disabled, or dead this minute, whichever you like best.""Come, doctor, don't fly off: you said you'd bet ten pounds to a shilling Speers is not an invalid at all. I say done.""Done.""How will you find out?"
"How? Why set the thief-takers on um, to be sure."He wrote off to the prefect of police at Boulogne, and in four days received an answer headed "Information in the interest of families." The prefect informed him there had been no railway accident: but that the Sieur Speers, English subject, had really hurt his leg getting out of a railway carriage six weeks ago, and had kept his room some days; but he had been cured some weeks, and going about his business, and made an excursion to Paris.
On this Compton offered Sampson the shilling. But he declined to take it.
"The lie was self-evident," said he; "and here's a judge wouldn't see't, and an attorney couldn't. Been all their lives sifting evidence, too. Oh the darkness of the profissional mind!"The next term came. Mr. Compton delivered the briefs and fees, subpoenaed the witnesses, &c., and Alfred came up with a good heart to get his stigma removed by twelve honest men in the light of day: but first one case was taken out of its order and put before him, then another, till term wore near an end. Then Messrs. Heathfield applied to another judge of the court for a postponement. Mr. Richard Hardie, plaintiff's father, a most essential witness, was ill at Clare Court. Medical certificate and letter herewith.
Compton opposed. Now this judge was a keen and honourable lawyer, with a lofty hatred of all professional tricks. He heard the two attorneys, and delivered himself to this effect, only of course in better legal phrase:
"I shall make no order. The defendant has been here before on a doubtful affidavit. You know, Mr. Heathfield, juries in these cases go by the plaintiff's evidence, and his conduct under cross-examination. And Ithink it would not be just nor humane to keep this plaintiff in suspense, and _civiliter mortuum,_ any longer. You can take out a commission to examine Richard Hardie."To this Mr. Compton nailed him, but the commission took time; and while it was pending, Mr. Heathfield went to another judge with another disabled witness: Peggy Black. That naive personage was nursing her deceased sister's children--in an affidavit: and they had scarlatina--surgeon's certificate to that effect. Compton opposed, and pointed out the blot. "You don't want the children in the witness-box,"said he: "and we are not to be robbed of our trial because one of your witnesses prefer nursing other people's children to facing the witness-box."The judge nodded assent. "I make no order," said he.
Mr. Heathfield went out from his presence and sent a message by telegraph to Peggy Black. "You must have Scar. yourself, and telegraph the same at once: certificate by post."The accommodating maiden telegraphed back that she had unfortunately taken scarlatina of the children: medical certificate to follow by post.
Four judges out of the five were now awake to the move. But Mr.
Heathfield tinkered the hole in his late affidavit with Peggy's telegram, and slipped down to Westminster to the chief judge of the court, who had had no opportunity of watching the growth and dissemination of disease among Deft.'s, witnesses. Compton fought this time by counsel and with a powerful affidavit. But luck was against him. The judge had risen to go home: he listened standing; Compton's counsel was feeble; did not feel the wrong. How could he? Lawyers fatten by delays of justice, as physicians do by tardy cure. The postponement was granted.
Alfred cursed them all, and his own folly in believing that an alleged lunatic would be allowed fair play at Westminster, or anywhere else.
Compton took snuff, and Sampson appealed to the press again. He wrote a long letter exposing with fearless irony the postponement swindle as it had been worked in Hardie _v._ Hardie: and wound up with this fiery peroration:
"This Englishman sues not merely for damages, but to recover lost rights dearer far than money, of which he says he has been unjustly robbed: his right to walk in daylight on the soil of his native land without being seized and tied up for life like a nigger or a dog; his footing in society; a chance to earn his bread; and a place among mankind: ay, among mankind; for a lunatic is an animal in the law's eye and society's, and an alleged lunatic is a lunatic till a jury clears him.
