they are
both good wholesome berths, particularly the last. Lord love you! Sir
John, if repentance would do any good, I should be pardoned on the
spot."
Here Noah caught a glimpse of Bob grinning in the crowd, and he asked of
the executioners, as a last favor, that they would have the boy brought
near, that he might take an affectionate leave of him. This reasonable
request was complied with, despite of poor Bob's struggles; and the
youngster had quite as good reasons for hearty repentance as the culprit
himself. Just at this trying moment the mandate for the order of the
punishments arrived, and the officials seriously declared that the
condemned must be prepared to meet his fate.
The unflinching manner in which Captain Poke submitted to the mortal
process of decaudization extracted plaudits from, and awakened sympathy
in every monikin present. Having satisfied myself that the tail was
actually separated from the body, I ran, as fast as legs could carry
me, towards the hall of the twelve judges. My brother Downright, who was
impatiently expecting my appearance, instantly arose and moved the
bench to issue a mandamus for a stay of execution in the case of "Regina
versus Noah Poke, or No. 1, sea-water-color. By the statute of the 2d
of Longevity and Flirtilla, it was enacted, my lords," put in the
brigadier, "that in no case shall a convicted felon suffer loss of life,
or limb, while it can be established that he is non compos mentis. This
is also a rule, my lords, of common law--but being common sense and
common monikinity, it has been thought prudent to enforce it by an
especial enactment. I presume Mr. Attorney-General for the queen will
scarcely dispute the law of the case--"
"Not at all, my lords--though I have some doubts as to the fact. The
fact remains to be established," answered the other, taking snuff.
"The fact is certain, and will not admit of cavil. In the case of Rex
versus Noah Poke, the court ordered the punishment of decaudization to
take precedence of that of decapitation, in the case of Regina versus
the same. Process had been issued from the bench to that effect; the
culprit has, in consequence, lost his cauda, and with it his reason; a
creature without reason has always been held to be non compos mentis,
and by the law of the land is not liable to the punishments of life or
limb."
"Your law is plausible, my brother Downright," observed my lord
chief-justice, "but it remains for the bench
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