fending him.

About the second man there was not the same degree of certainty, for
he had never touched the malt or the barrow, and there was no evidence
that he knew the first man had stolen it. The only suspicion--for
it was nothing more--against him was that he was seen to be walking
_along the highway_ near the man who was wheeling the barrow, and as
it was daytime, many others were equally guilty.

The third man was still less implicated, for all that appeared against
him was that _at some time or other_ he had been seen, either on the
day of the theft or just before, to be in a public-house with the
thief and asking him to have a drink.

If it had not been at Saffron Walden, where they are so jealous of
their malt and such admirers of their maltsters, there would have been
no case against any one but the actual thief; and if the Recorder had
known the law as well as he knew Saffron Walden, or half as much as
Saffron Walden admired him, he would have ruled to that effect.

However, he pointed out to the jury the cases one by one with great
care and no stint of language.

"Against the first," said he, "the case is clear enough: he is
caught with the stolen goods in his possession. In the second case,
_perhaps_, it is not quite so strong, you will think; but it is
for _you_, gentlemen, not for _me_, to judge. You will not forget,
gentlemen, he was walking along by the side of the actual thief, and
it is for you to say what that means." Then, after clearing his throat
for a final effort, he said,--

"Now we come to the third man. Where was he? I must say there is a
slight difference between his case and that of the other two men, who
might be said to have been caught in the very act; but it's for _you_,
gentlemen, not for _me_. It is difficult to point out item by item,
as it were, the difference between the three cases; but you will say,
gentlemen, whether they were not all mixed up in this robbery--it's
for _you_, gentlemen, not for _me_."

The jury were not going to let off three such rogues as the Recorder
plainly thought them, and instantly returned a verdict of guilty
against all.

"I agree with the verdict," said the Recorder. "It is _a very bad
case_, and a mercantile community like Saffron Walden must be
protected against such depredators as you. No doubt there are degrees
of guilt in your several cases, but I do not think I should be doing
my duty to the public if I made any distinction in your sen