ed.

"You do not think it likely, I suppose, that the prisoner could have
intended himself to tumble into the fire?"

"I should think it very unlikely."

Mr. Faulkner sat down, and Mr. Probert rose.

"You think it very unlikely, Captain Downes, that Mr. Wyatt would
deliberately have walked into the fire, and I quite share your opinion;
but it has not yet been proved that he was deliberately going towards
the fire at all. You say he lifted Mr. Faulkner in his arms. Now it
seems to me that, having done so, he would not be able to see at all
which way he was going, as Mr. Wyatt's eyes would both be on a level
with Mr. Faulkner's chest; moreover, it must be evident that, judging
from his present appearance, he could scarcely have seen anything at
all, after receiving such a blow. Does it not strike you as being still
more likely that, partially blinded as he was, and being unwilling to
strike the magistrate in return, however much the latter had forfeited
all claim to respect, he closed with him, and in the heat of passion
lifted him up and carried him along at random?"

"I think that very likely," the lieutenant replied.

"Had you yourself been struck as the prisoner was struck, Captain
Downes, what course do you think it would have been proper for you to
pursue?"

"I don't know what would have been proper, but I know what I should have
done. Magistrate or no magistrate, I should have knocked my assailant
down, or at any rate I should have tried to."

"As a naval man, Captain Downes, you have had some experience of the
conduct gentlemen generally observe to their prisoners. I presume that
it is not their custom to strike them, even if they did make a somewhat
free use of their tongues?"

"Certainly not," Captain Downes said emphatically.

"Would you go so far as to say that you would consider it to be a
disgraceful and cowardly act?"

"I should so consider it."

There was again a murmur of applause in court, which was instantly
arrested when Mr. Probert held up his hand deprecatingly. "Thank you,
Captain Downes," he went on. "Now we come to the question of the quarrel
that gave rise to this affair. Mr. Faulkner has not thought fit to ask
you any questions about it. Were you standing close enough to hear what
passed?"

"I was standing close by, and both Mr. Faulkner and the prisoner spoke
loudly enough to be heard at such a distance."

"The magistrate first began the conversation?"

"He did."

"He used