ich he as quickly spirted about the floor; and
then, in an agitated tone, cried out, "Sure enough Higgins,
it is bilge, and precious bail it is, as ever I drank." They
now eyed each other for some time with mutual surprise, and
then sympathetically agreed that they must have been "done."
It was still, however, a matter of surprise to them, how
their friend, the smuggler, could have taken good whiskey
(which that they had tasted from the bung-hole certainly
was,) from such nastiness. In order to solve their doubts,
they procured a pail; and, having emptied the cask, they
proceeded to break it to pieces, when, to their
astonishment, the mystery was unravelled, and their folly,
in being made the dupes of a pretended smuggler, made fully
manifest; for immediately under the bung-hole they found a
small tin box, capable of containing about half a pint,
which, being tightly tacked to one of the staves, kept the
pure liquor, a small quantity of which still remained, from
that which was of a very opposite character. It was no
laughing matter, and they were not, therefore, very merry on
the occasion; and still less so, when Higgins demanded of
O'Regan the repayment of his eighteen shillings; this
O'Regan refused, and a quarrel ensued, which after having
terminated in a regular "set to," attended with painful
consequences to both; was followed by Higgins applying to
this Court for the summons which led to their appearance
before the Commissioners. The whole of the circum-stances,
with infinite trouble, having been thus unravelled; the
Commissioner declared his inability to afford Mr. Higgins
any re-dress. There was clearly no debt incurred; there was
a mutual compact, entered into for an illegal purpose, for
had the liquid which they had purchased been smuggled
spirits, they were liable to pay a large penalty for having
bought it. But putting aside all these considerations, it
was clear that Higgins had, with a proper degree of caution,
endeavoured to satisfy himself of the quality of the article
before he paid his money; and thereby showed that he was not
acting under a confidence in any guarantee on the part of
O'Regan; and consequently could have no claim on him. In
this view of the case, he should dismiss the summons without
costs. T