this seems very like _hearsay_
testimony. I believe it's admitted all round we must reject _that_."

"What is your opinion, Captain Lyon?" demanded the president.

"The case is somewhat knotty, but it may be untied," returned the Scot,
with a sneer on his hard features. "No need of Alexander and his sword
to cut the rope, I'm thinking, when we bring common sense to bear on the
point. What is the matter to be ascertained? Why, the place which was
agreed on as the point of rendezvous between this Rawl Eevart and his
people. Now, this arrangement must have been made orally, or in writing;
if orally, testimony to the words uttered will not be hearsay, further
than testimony to what a man has seen will be eyesight."

"Quite true, Mr. President and gentlemen!" exclaimed the Judge Advocate,
who was not a little relieved at finding a clue to lead him out of the
difficulty. "If the agreement had been made in writing, then that
writing would have to be produced, if possible, as the best evidence the
case affords; but, being made in words, those words can be sworn to."

Cuffe was much relieved by this opinion, and, as Sir Frederick did not
seem disposed to push his dissent very far, the matter would have been
determined on the spot, but for a love of disputation that formed part
and parcel, to speak legally on a legal subject, of Lyon's moral
temperament.

"I'm agreeing with the Judge Advocate, as to his distinction about the
admissibility of the testimony on the ground of its not being
technically what is called hearsay evidence," he observed; "but a
difficulty suggests itself to my mind touching the pairtenency. A
witness is sworn to speak to the point before the court; but he is not
sworn to discuss all things in heaven and airth. Now, is it pairtenent
to the fact of Rawl Eevart's being a spy, that he made sairtain
agreements to met this or that fellow-creature, in this or that place?
Now, as I comprehend the law, it divides all questions into two great
classes, the pairtenent and the impairtenent, of which the first are
legal and the second illegal."

"I think it would be a great piece of audacity," said Sir Frederick,
disdainfully, "for such a fellow as this Bolt to pretend to call any
question we can put him, impertinent!"

"That's no just the p'int, Sir Frederick; this being altogether a matter
of law, while ye'll be thinking of station and etiquette. Then, there's
two classes of the pairtenent, and two of the impair