very strong language, did he not?"
"Very strong."
"Did you think that he was justified in using such strong language?"
"Certainly not; I thought that it was most improper."
"And do you think that a gentleman accosted so improperly is to be
greatly blamed if he uses strong language in return?"
"It would no doubt have been better if he had held his tongue at the
time, and have called him to account afterwards."
"Still the provocation was very strong, Captain Downes, and you could
not altogether blame him."
"I did not blame him at all," the witness said curtly.
"And what did you think when Mr. Faulkner suddenly struck his prisoner
in the face?"
"Am I to answer that question?" the witness asked the bench.
"I do not think that it is an improper question," the chairman replied.
"Very well, sir. Then, if I must say it, I thought it was one of the
most blackguardly and cowardly things I ever saw done."
"Thank you, Captain Downes. I do not think it necessary to ask you any
further questions."
"Have you any more witnesses to call, Mr. Faulkner?" the chairman asked
coldly.
Mr. Faulkner's face was white with rage. "I have a dozen other
witnesses," he said hoarsely, "but I have no doubt they will all follow
the lead their officer has set them. I shall therefore call no more."
"I do not think, your worships," Mr. Probert said, rising, "that it is
necessary for me to address you. I would only submit to you that there
is not a shadow of evidence to support the charge of an attempt to
murder. As to the abusive language, I cannot say that my client's words
were a retort courteous, but they were only a retort natural, and were
simply the consequence of the extraordinary conduct of Mr. Faulkner,
acting at the time in his capacity of magistrate. As to the charge of
threatening language, it is altogether absurd. My client simply asserted
what is true by common report--that Mr. Faulkner had been threatened,
and that it was possible that those threats might some day or other be
carried into effect. I have only, therefore, to leave the case in the
hands of your worships."
The two magistrates put their heads together for a short time. Then the
chairman said: "The bench is of opinion that the charge of attempted
murder is altogether without foundation, and that of abusive language
and the use of threats should never have been brought, seeing that they
were the result of what we cannot but consider the very ill-
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