ed out this intention that it would have
been murder. Surely with a score of your friends standing by, you would
have been hauled out immediately, none the worse except for a few singes
and a burn or two. This was not a burning fiery furnace, Mr. Faulkner,
but merely a bit of a bonfire from a few sticks that had been set on
fire in order to throw a little light on the proceedings."

"I might have been very seriously burnt."

"Well, even supposing that you had been, that is not a question of
murder. I presume that you framed this indictment you have charged the
prisoner, not with an intention of committing grievous damage upon you,
but with murder, and if you now admit that, under the circumstances,
death could hardly have resulted by any possibility from this imaginary
intention of throwing you on the fire being carried out, it is clear
that the charge of murder must drop through. I have no further questions
to ask you, though I may have some remarks to make after having heard
your witnesses."

CHAPTER III

IN A FRESH SCRAPE

The first witness called by Mr. Faulkner was Captain Downes.

"Will you tell us what you know about this affair?" the chairman said.

"After having captured the smuggler, I took six men and went up to see
if I could be of any assistance to Mr. Moorsby, and also to hear whether
he had been as successful with his capture as I had. I found that
everything was over, and that a fire had been lighted. I was talking to
Mr. Moorsby when my attention was excited by loud words between Mr.
Faulkner and Mr. Wyatt, with whom I am acquainted. Mr. Faulkner struck
him in the face, and there was a scuffle, the prisoner lifting the
magistrate, although a much heavier man, completely off his feet. In the
course of the scuffle they approached the fire, and being afraid that
they might fall into it, I ran up with Mr. Moorsby and some of the men,
and pulled them away."

"Did it seem to you, Captain Downes, that the prisoner was carrying Mr.
Faulkner straight to the fire?"

"He was certainly going straight in that direction, but whether
intentionally or not I am unable to say."

"Do you think that if you and your men had not interfered they would
have fallen into the fire?"

"I think they would certainly have done so."

"Do you think that the prisoner intended to throw Mr. Faulkner into the
fire?"

"That I cannot say."

"Have you any questions to ask the witness, Mr. Faulkner?" the chairman
ask