n the part of any
individual to attend a meeting of any sort at which it is possible that
riotous proceedings may take place, but I maintain that, however
imprudent and foolish, there is nothing criminal in his doing so, and I
am sure that there is no case on record in which a man has been punished
for his presence at a riot in which he did not participate. My client
acted foolishly, but I ask the court to say that his foolishness was not
criminal. He had accidentally learned that there was to be a landing of
contraband goods, and, with the thoughtlessness of youth, he went to see
what he considered the fun. Even if there had been a shadow of
criminality in his being present, I should ask you to say that the
unpleasant experience that he has undergone--his detention for twelve
hours in a police cell, and his appearance here--is ample punishment for
his boyish escapade, which might have been committed by any
high-spirited young fellow of nineteen."

After the other solicitor had addressed the court on behalf of the two
farmers' men, the magistrates consulted together. The spectators,
watching them attentively, saw that for a time they seemed unanimous,
then it was equally evident that there was a difference of opinion on
some point or other, and they presently rose and left the court.

"It is Faulkner against the other two," Mr. Probert whispered to Frank.
"Of course they were unanimous about the smugglers, but I expect they
differed as to the others. It is lucky that the Colonel is in the chair.
Harrington is a mild little fellow, and Faulkner would be able to twist
him round his finger if there were only the two of them, but there is no
fear of that with the Colonel there to keep him straight."

In ten minutes they returned, and by the flushed, angry face of Mr.
Faulkner, Frank judged at once that he had been overruled. The chairman
briefly announced the decision of the court, and committed the seven
smugglers for trial on the whole of the charges. The Weymouth fisherman
was also committed, but only on the charge of being engaged in the
unlawful act of defrauding His Majesty's revenue, and was allowed out on
bail. The two farm labourers were fined fifty pounds apiece, which their
solicitor at once paid.

"The majority of the bench are in favour of your immediate discharge,
Mr. Wyatt, being of opinion that the evidence has failed altogether to
prove any of the charges against you, and, being of opinion that you
have