" whispered Stubberd.
"Where did she do that?" said the other magistrate.
"By the church, sir, of all the horrible places in the world!--I caught
her in the act, your worship."
"Stand back then," said Henchard, "and let's hear what you've got to
say."
Stubberd was sworn in, the magistrate's clerk dipped his pen, Henchard
being no note-taker himself, and the constable began--
"Hearing a' illegal noise I went down the street at twenty-five minutes
past eleven P.M. on the night of the fifth instinct, Hannah Dominy. When
I had--
"Don't go so fast, Stubberd," said the clerk.
The constable waited, with his eyes on the clerk's pen, till the latter
stopped scratching and said, "yes." Stubberd continued: "When I had
proceeded to the spot I saw defendant at another spot, namely, the
gutter." He paused, watching the point of the clerk's pen again.
"Gutter, yes, Stubberd."
"Spot measuring twelve feet nine inches or thereabouts from where I--"
Still careful not to outrun the clerk's penmanship Stubberd pulled up
again; for having got his evidence by heart it was immaterial to him
whereabouts he broke off.
"I object to that," spoke up the old woman, "'spot measuring twelve feet
nine or thereabouts from where I,' is not sound testimony!"
The magistrates consulted, and the second one said that the bench was
of opinion that twelve feet nine inches from a man on his oath was
admissible.
Stubberd, with a suppressed gaze of victorious rectitude at the old
woman, continued: "Was standing myself. She was wambling about quite
dangerous to the thoroughfare and when I approached to draw near she
committed the nuisance, and insulted me."
"'Insulted me.'...Yes, what did she say?"
"She said, 'Put away that dee lantern,' she says."
"Yes."
"Says she, 'Dost hear, old turmit-head? Put away that dee lantern. I
have floored fellows a dee sight finer-looking than a dee fool like
thee, you son of a bee, dee me if I haint,' she says.
"I object to that conversation!" interposed the old woman. "I was not
capable enough to hear what I said, and what is said out of my hearing
is not evidence."
There was another stoppage for consultation, a book was referred to, and
finally Stubberd was allowed to go on again. The truth was that the
old woman had appeared in court so many more times than the magistrates
themselves, that they were obliged to keep a sharp look-out upon their
procedure. However, when Stubberd had rambled o
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