"Oh yes, squire," answered the prisoner, in a gay, indifferent tone, "here I am. It is long since I have had the pleasure of seeing your worship. I think you were not on the bench the last time I was committed, or I should have fared better."
"I don't know that, major," replied the gentleman; "on the former occasion I gave you a month, I think."
"Ay, but the blackguards that time gave me two," rejoined the major.
"Because it was the second offence," said Squire Jollyboat.
"The second! Lord bless you, sir!" answered the major, with a look of cool contempt; and turning round with a wink to his two companions, they all three laughed joyously, as if it were the finest joke in the world.
It might not be very interesting to the reader were we to give in detail the depositions of the various witnesses upon a common case of smuggling in the last century, or to repeat all the various arguments which were bandied backwards and forwards between the magistrates, upon the true interpretation of the law, as expressed in the 9th George II., cap. 35. It was very evident, indeed, to the officers of Customs, to the serjeant of dragoons, and even to the prisoners themselves, that the worthy justices were disposed to take as favourable a view of smuggling transactions as possible. But the law was very clear; the case was not less so; Mowle, the principal riding officer, was a straightforward, determined, and shrewd man; and although Sir Robert Croyland, simply with a view of protracting the investigation till Mr. Radford should arrive, started many questions which he left to the other magistrates to settle, yet in about half an hour the charge of smuggling, with riot, and armed resistance to the Custom-House officers, was clearly made out against the major and his two companions; and as the act left no discretion in such a case, the resistance raising the act to felony, all three were committed for trial, and the officers bound over to prosecute.
The men were then taken away, laughing and jesting; and Sir Robert Croyland looked with anxiety for the appearance of the next party; but two other men were now introduced without Richard Radford; and the worthy baronet was released for the time. The case brought forward against these prisoners differed from that against those who preceded them, inasmuch as no resistance was charged. They had simply been found aiding and abetting in the carriage of the smuggled goods, and had fled when they found themselves pursued by the officers, though not fast enough to avoid capture. The facts were speedily proved, and, indeed, much more rapidly than suited the views of Sir Robert Croyland. He therefore raised the question, when the decision of the magistrates was about to be pronounced, whether this was the first or the second offence, affecting some remembrance of the face of one of the men. The officers, also, either really did recollect, or pretended to do so, that the person of whom he spoke had been convicted before; but the man himself positively denied it, and defied them to bring forward any proof. A long discussion thus commenced, and before it was terminated the baronet was relieved by the appearance of Mr. Radford himself, who entered booted and spurred, and covered with dust, as if just returned from a long ride.