Thomas Hardie, a mild, benevolent, weak gentleman, was put into the box, and swore the boy's father had come to him with story after story of the plaintiff's madness, and the trouble it would get him into, and so he had done for the best. His simplicity was manifest, and Saunders worked it ably. When Colt got hold of him, and badgered him, he showed something more than simplicity. He stuttered, he contradicted himself, he perspired, he all but wept _Colt._--Are you sure you had no spite against him?
_Deft._--No.
_Colt._--You are not sure, eh?
This candid interpretation of his words knocked the defendant stupid. He made no reply, but looked utterly flabbergasted.
_Colt._--Did he not provoke you? Did he not call you an idiot.
_Deft._--He might.
_Colt._ (satirically).--Of course he might. (Laughter.) But did he?
_Deft._ (plucking up a little spirit).--No. He called me SOFT TOMMY.
This revelation, and the singular appropriateness of the nickname, were so highly relished by an intelligent audience, that it was a long time before the trial could go on for roars. The plaintiff's ringing laugh was heard among the rest.
The cross-examination proceeded in this style till the defendant began to drivel at the mouth a little. At last, after a struggle, he said, with a piteous whine, that he could not help it: he hated signing his name; some mischief always came of it; but this time he had no option.
"No option?" said Colt. "What do you mean?"And with one or two more turns of the screw, out came this astounding revelation:
"Richard said if I didn't put Taff in one, _he_ would put _me_ in one."_The Judge._--In one what?
_Deft._ (weeping).--In one madhouse, my lord.
A peal followed this announcement, and Colt sat down grinning. Saunders rose smiling. "I am much obliged to the learned counsel for making my case," said he: "I need not prolong the sufferings of the innocent. You can go down, Mr. Hardie."_The Judge._--Have you any defence to this action?
"Certainly, my lord."
"Do you call Richard Hardie?"
"No, my lord."
"Then had you not better confine yourself to the question of damages?"The sturdy Saunders would not take the hint; he replied upon the whole case, and fought hard for a verdict. The line he took was bold; he described Richard Hardie as a man who had acquired a complete power over his weaker brother: and had not only persuaded him by statements, but even compelled him by threats, to do what he believed would be the salvation of his nephew. "Will you imitate the learned counsel's cruelty?
Will you strike a child?" In short, he made a powerful appeal to their pity, while pretending to address their judgments.
Then Colt rose like a tower, and assuming the verdict as certain, asked the jury for heavy damages. He contrasted powerfully the defendant's paltry claim to pity with the anguish the plaintiff had undergone. He drew the wedding party, the insult to the bride, the despair of the kidnapped bridegroom; he lashed the whole gang of conspirators concerned in the crime, regretted that they could only make one of all these villains smart, but hinted that Richard and Thomas Hardie were in one boat, and that heavy damages inflicted on Thomas would find the darker culprit out. He rapped out Mr. Cowper's lines on liberty, and they were new to the jury, though probably not to you; he warned the jury that all our liberties depended on them. "In vain," said he, "have we beheaded one tyrant, and banished another, to secure those liberties, if men are to be allowed to send away their own flesh and blood into the worst of all prisons for life and not smart for it, in those lamentably few cases in which the law finds them out and lays hold of them." But it would task my abilities to the utmost, and occupy more time than is left me, to do anything like justice to the fluent fiery eloquence of Colt, Q. C., when he got a great chance like this. _Tonat, fulgurat, et rapidis eloquentiae fluctibus cuncia proruit et proturbat._ Bursts of applause, that neither crier nor judge could suppress, bore witness to the deep indignation Britons feel when their hard-earned liberties are tampered with by power or fraud, in defiance of law; and, when he sat down, the jury were ready to fly out at him with L. 5000 in hand.
Then rose the passionless voice of "justice according to law." I wish Icould give the very words. The following is the effect as _I_ understood it. Lawyers, forgive my deficiencies.
