nown among his associates as "Galloping Bill," the other as the
"Downy One." At the conclusion of the evidence the three prisoners
were formally committed for trial, the magistrates having retired in
consultation for some time upon the question of whether the charge of
receiving stolen goods ought to be made against Arthur Bastow.
"I think, gentlemen," the chairman said, after a good deal had been
urged on both sides of the question, "in this case we can afford to take
a merciful view. In the first place, no stolen goods were discovered
upon him or in the house. There is strong presumptive evidence of his
intention, but intention is not a crime, and even were the evidence
stronger than it is, I should be inclined to take a merciful view. There
can be no doubt that the young fellow is thoroughly bad, and the bravado
he has exhibited throughout the hearing is at once unbecoming and
disgraceful; but we must remember that he is not yet eighteen, and that,
in the second place, he is the son of a much respected clergyman, who is
our neighbor. The matter is serious enough for him as it stands, and he
is certain to have a very heavy sentence.
"Mr. Thorndyke, who takes no part in our deliberations, is most anxious
that the prisoner's father should be spared the agony of his son being
placed on trial on a capital charge, though I do not think that there
would be the smallest chance of his being executed, for the judges would
be certain to take his youth into consideration. Had there been prima
facie evidence of concealment, we must have done our duty and sent him
to trial on that charge; but as there is no such evidence, I think that
it will be in all respects better to send him on a charge on which the
evidence is as clear as noonday. Moreover, I think that Mr. Thorndyke's
wishes should have some weight with us, seeing that it is entirely due
to him that the important capture of these highwaymen, who have long
been a scourge to this neighborhood, has been effected."
Mr. Bastow had not been called as a witness. John Thorndyke had brought
him down to Reigate in a closed carriage, and he had waited in the
justices' room while the examination went on; but the magistrates agreed
that the evidence given was amply sufficient for them to commit upon
without given him the pain of appearing. John Thorndyke had taken him to
another room while the magistrates were consulting together, and when he
heard the result drove him back again.
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