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Smuggler

<h2>CHAPTER XIII.</h2> It was a custom of those days, I believe, not altogether done away with in the present times, for magistrates to assemble in petty sessions, or to meet at other times for the dispatch of any extraordinary business, in tavern, public-house, or inn--a custom more honoured in the breach than the observance, except where no other place of assembly can be found. It thus happened that, on the day of which we have been speaking, some half-dozen gentlemen, all justices of the peace for the county of Kent, were gathered together in a good-sized room of the inn, at the little town of * * * * * . There was a table drawn across the room, at which was placed the magistrates' clerk, with sundry sheets of paper before him, several printed forms, and two books, one big and the other little. The magistrates themselves, however, were not seated in due state and dignity, but, on the contrary, were in general standing about and talking together, some looking out of the window into the street, some leaning with their backs against the table and the tails of their coats turned over their hands, while one occupied an arm-chair placed sideways at the board, with one knee thrown over the other--a favourite position which he could not have assumed had he sat with his face to the table. The latter was Sir Robert Croyland, who had been sent for in haste by his brother justices, to take part in their proceedings relative to a daring act of smuggling which had just been perpetrated. Sir Robert would willingly have avoided giving his assistance upon this occasion; but the summons had been so urgent that he could not refuse going; and he was now not a little angry to find that there were more than sufficient justices present to make a quorum, and to transact all the necessary business. Some one, however, it would seem, had--as usual in all county arrangements--been very busy in pressing for as full an attendance as possible; and those who knew the characters of the gentlemen assembled might have perceived that the great majority of them were not very well qualified to sit as judges upon a case of this nature, as almost every one was under suspicion of leaning towards the side of the smugglers, most of them having at some time engaged more or less in the traffic which they were called upon to stop. Sir Robert Croyland was the least objectionable in this point of view; for he had always borne a very high name for impartiality in such matters, and had never had anything personally to do with the illicit traffic itself. It is probable, therefore, that he was sent for to give a mere show of justice to the proceedings; for Mr. Radford was expected to be there; and it was a common observation of the county gentlemen, that the latter could now lead Sir Robert as he liked. Mr. Radford, indeed, had not yet arrived, though two messengers had been despatched to summon him; the answer still being that he had gone over towards Ashford. Sir Robert, therefore, sat in the midst--not harmonizing much in feeling with the rest, and looking anxiously for his friend's appearance, in order to obtain some hint as to how he was to act. At length, a considerable noise was heard in the streets below, and a sort of constable door-keeper presented himself, to inform the magistrates that the officers and dragoons had arrived, bringing in several prisoners. An immediate bustle took place, the worshipful gentlemen beginning to seat themselves, and one of them--as it is technically termed--moving Sir Robert into the chair. In order to shew that this was really as well as metaphysically done, Sir Robert Croyland rose, sat down again, and wheeled himself round to the table. A signal was then given to the constable; and a rush of several persons from without was made into the temporary justice room, which was at once nearly filled with custom-house officers, soldiers, smugglers, and the curious of the village. Amongst the latter portion of the auditory,--at least, so he supposed at first,--Sir Robert Croyland perceived his young friend, Richard Radford; and he was in the act of beckoning him to come up to the table, in order to inquire where his father was, and how soon he would return, when one of the officers of the Customs suddenly thrust the young gentleman out of the way, exclaiming, "Stand farther back! What are you pushing forward for? Your turn will come soon enough, I warrant." Sir Robert Croyland was confounded; and for a moment or two he sat silent in perplexity and surprise. Not that he ever entertained a doubt of old Mr. Radford still nourishing all the propensities of his youth; nor that he was not well aware they had formed part of the inheritance of the son; but there were certain considerations of some weight which made Sir Robert feel that it would have been better for him to be in any other spot of the habitable globe than that where he was at the moment. Recovering himself, however, after a brief pause of anxious indecision, he made a sign to the constable door-keeper, and whispered to him, as soon as the man reached his side, to inquire into the cause of Mr. Richard Radford's being there. The man was shrewd and quick, and while half the magistrates were speaking across the table to half the officers and some of the dragoons, he went and returned to and from the other side of the room, and then whispered to the baronet, "For smuggling, sir--caught abetting the others--his name marked upon some of the goods!" Sir Robert Croyland was not naturally a brilliant man. Though hasty in temper in his early days, he had always been somewhat obtuse in intellect; but this was a case of emergency; and there is no greater sharpener of the wits than necessity. In an instant, he had formed his plan to gain time, which was his great object at that moment; and, taking out his watch, he laid it on the table, exclaiming aloud, "Gentlemen! gentlemen! a little regularity, if you please. My time is precious. I have an important engagement this afternoon, and I----" But his whole scheme had nearly been frustrated by the impetuosity of young Radford himself, who at once pushed through officers and soldiers, saying, "And so have I, Sir Robert, a very important engagement this afternoon. I claim to be heard as speedily as possible." Sir Robert, however, was determined to carry his point, and to avoid having aught to do with the case of his young friend, even at the risk of giving him offence and annoyance. "Stand back, sir!" he said. "In this court, there is no friendship or favour. You will have attention in turn, but not before. Mr. Mowle, bring forward the prisoners one after the other, as near as possible, in the order of--the order of--of their capture," he added, at length, after hesitating for a moment to consider whether it was or was not probable that young Radford had been amongst those last taken; "and let all the others be removed, under guard, into the next room." "Wont that make it a long affair, Sir Robert?" asked Mr. Runnington, a neighbouring squire. "Oh dear, no!" replied the chairman; "by regularity we shall save time. Do as you are directed, Mowle!" Young Radford showed a strong disposition to resist, or, at least, to protest against this arrangement; but the officer to whom the baronet had spoken, treated the prisoner with very little reverence; and he, with the rest of the gang, was removed from the room, with the exception of three, one of whom, with a smart cockade in his hat, such as was worn at that time by military men in undress, swaggered up to the table with a bold air, as if he were about to address the magistrates. "Ah, major, is that you?" asked a gentleman on Sir Robert's right, known in the country by the name of Squire Jollyboat, though his family being originally French, his real appellation was Jollivet. "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. Shaking hands with his brother magistrates, and especially with Sir Robert Croyland, he was about to seat himself at the end of that table, when the baronet rose, saying, "Here, Radford, you had better take my place, as I must positively get home directly, having important business to transact." "No, no, Sir Robert," replied that respectable magistrate, "we cannot spare you in this case, nor can I take that place. My son, I hear, is charged with taking part in this affair; and some sharp words have been passing between myself and that scoundrel of a fellow called Clinch, the officer, who applied to me for aid in searching the Ramleys' house. When I agreed to go with him, and found out a very snug place for hiding, he was half afraid to go down; and yet, since then, he has thought fit to insinuate that I had something to do with the run, and did not conduct the search fairly." The magistrates looked round to each other and smiled; and Radford himself laughed heartily, very much as if he was acting a part in a farce, without any hope or expectation of passing off his zeal in the affair, upon his fellow magistrates, as genuine. Mowle, the officer, at the same time turned round, and spoke a few words to two men who had followed Mr. Radford into the room, one of whom shrugged his shoulders with a laugh, and said nothing, and the other replied eagerly, but in a low tone. Sir Robert Croyland, however, urged the necessity of his going, put his watch in his pocket, and buttoned up his coat. But Mr. Radford, assuming a graver air and a very peculiar tone, replied, "No, no, Sir Robert; you must stay, indeed. We shall want you. Your known impartiality will give weight to our decisions, whatever they may be." The baronet sat down again, but evidently with so much unwillingness, that his brethren marvelled not a little at this fresh instance of the influence which Mr. Radford exerted over his mind. "Who is the next prisoner, Mr. Mowle?" demanded Sir Robert Croyland, as soon as he had resumed his seat. "Mr. Richard Radford, I suppose, sir," said Mowle; "but these two men are not disposed of." "Well, then," said Mr. Jollivet, who was very well inclined to commence a career of lenity, "as no proof has been given that this is the second offence, I think we must send them both for a month. That seems to me the utmost we can do." The other magistrates concurred in this decision; and the prisoners were ordered to be removed; but ere they went, the one against whom the officers had most seriously pressed their charge, turned round towards the bench, exclaiming, in a gay tone, "Thank you, Squire Jollyboat. Your worship shall have a chest of tea for this, before I'm out a fortnight." A roar of laughter ran round the magistrates--for such matters were as indecently carried on in those days, on almost all occasions, as they sometimes are now; and in a moment or two after, young Radford was brought in, with a dark scowl upon his brow. "How is this, Dick?" cried his father. "Have you been dabbling in a run, and suffered yourself to be caught?" "Let these vagabonds make their accusation, and bring their witnesses," replied the young man, sullenly, "and then I'll speak for myself." "Well, your worships," said Mowle, coming forward, "the facts are simply these: I have long had information that goods were to be run about this time, and that Mr. Radford had some share in the matter. Last night, a large quantity of goods were landed in the Marsh, though I had been told it was to be near about Sandgate, or between that and Hythe, and was consequently on the look-out there. As soon as I got intimation, however, that the run had been effected, I got together as many men as I could, sent for a party of dragoons from Folkestone, and, knowing pretty well which way they would take, came across by Aldington, Broadoak and Kingsnorth, and then away by Singleton Green, towards Four-Elms, where, just under the hill, we came upon those two men who have just been convicted, and two others, who got off. We captured these two, and three horse-loads they had with them, for their beasts were tired, and they had lagged behind. There were two or three chests of tea, and a good many other things, and all of them were marked, just like honest bales of goods, 'Richard Radford, Esquire, Junior.' As we found, however, that the great party was on before, we pursued them as far as Rouse-end, where we overtook them all; but there they scattered, some galloping off towards Gouldwell, as if they were going to the Ramleys; some towards Usherhouse, and some by the wood towards Etchden. Four or five of the dragoons pushed after those running for Gouldwell, but I and the rest stuck to the main body, which went away towards the wood, and who showed fight. There was a good deal of firing amongst the trees, but not much damage done, except to my horse, who was shot in the shoulder. But just as we were chasing them out of the wood, up came Mr. Richard Radford, who was seen for a minute speaking to one of the men who were running, and riding along beside him for some way. He then turned, and came up to us, and tried to stop us as we were galloping after them, asking what the devil we were about, and giving us a great deal of bad language. I didn't mind him, but rode on, knowing we could take him at any time; but Mr. Birchett, the other chief officer, who had captured the major a minute or two before, got angry, and caught him by the collar, charging him to surrender, when he instantly drew his sword, and threatened to run him through. One of the dragoons, however, knocked it out of his hand, and then he was taken. This affray in the middle of the road enabled the greater part of the rest to get off; and we only captured two more horses and one man." Several of the other officers, and the dragoons, corroborated Mowle's testimony; and the magistrates, but especially Sir Robert Croyland, began to look exceedingly grave. Mr. Radford, however, only laughed, turning to his son, and asking, "Well, Dick! what have you to say to all this?" Richard Radford, however, merely tossed up his head, and threw back his shoulders, without reply, till Sir Robert Croyland addressed him, saying, "I hope, Mr. Radford, you can clear yourself of this charge, for you ought to know that armed resistance to the King's officers is a transportable offence." "I will speak to the magistrates," replied young Radford, "when I can speak freely, without all these people about me. As to the goods they mention, marked with my name, I know nothing about them." "Do you wish to speak with the magistrates alone?" demanded old Mr. Radford. "I must strongly object to any such proceeding," exclaimed Mowle. "Pray, sir, meddle with what concerns you," said old Radford, turning upon him fiercely, "and do not pretend to dictate here. You gentlemen are greatly inclined to forget your place. I think that the room had better be cleared of all but the prisoner, Sir Robert." The baronet bowed his head; Squire Jollivet concurred in the same opinion; and, though one or two of the others hesitated, they were ultimately overruled, and the room was cleared of all persons but the magistrates and the culprit. Scarcely was this done, when, with a bold free air, and contemptuous smile, young Radford advanced to the side of the table, and laid his left hand firmly upon it; then, looking round from one to another, he said, "I will ask you a question, worshipful gentlemen.--Is there any one of you, here present, who has never, at any time, had anything to do with a smuggling affair?--Can you swear it upon your oaths?--Can you, sir?--Can you? Can you?" The magistrates to whom he addressed himself, looked marvellously rueful, and replied not; and at last, turning to his father, he said, "Can you, sir? though I, methinks, need hardly ask the question." "No, by Jove, Dick, I can't!" replied his father, laughing. "I wish to Heaven you wouldn't put such awful interrogatories; for I believe, for that matter, we are all in the same boat." "Then I refuse," said young Radford, "to be judged by you. Settle the matter as you like.--Get out of the scrape as you can; but don't venture to convict a man when you are more guilty than he is himself. If you do, I may tell a few tales that may not be satisfactory to any of you." It had been remarked, that, in putting his questions, the young gentleman had entirely passed Sir Robert Croyland; and Mr. Jollivet whispered to the gentleman next him, "I think we had better leave him and Sir Robert to settle it, for I believe the baronet is quite clear of the scrape." But Mr. Radford had overheard, and he exclaimed, "No, no; I think the matter is quite clear how we must proceed. There's not the slightest proof given that he knew anything about these goods being marked with his name, or that it was done by his authority. He was not with the men either, who were carrying the goods; and they were going quite away from his own dwelling. He happened to come there accidentally, just when the fray was going on. That I can prove, for I sent him a note this morning, telling him to join me at Ashford as fast as possible." "I saw it delivered myself," said Sir Robert Croyland. "To be sure," rejoined Mr. Radford; "and then, as to his talking to the smugglers when he did come up, I dare say he was telling them to surrender, or not to resist the law. Wasn't it so, Dick?" "Not a bit of it," answered Richard Radford, boldly. "I told them to be off as fast as they could. But I did tell them not to fire any more. That's true enough!" "Ay, to be sure," cried Mr. Radford. "He was trying to persuade them not to resist legitimate authority." Almost all the magistrates burst into a fit of laughter; but, no way disconcerted, worthy Mr. Radford went on saying--"While he was doing this, up comes this fellow, Birchett, and seizes him by the collar; and, I dare say, he abused him into the bargain." "He said I was a d--d smuggling blackguard myself," said young Radford. "Well, then, gentlemen, is it at all wonderful that he drew his sword?" demanded his respectable father. "Is every gentleman in the county to be ridden over, rough-shod, by these officers and their dragoons, and called 'd--d smuggling blackguards,' when they are actually engaged in persuading the smugglers not to fire? I promise you, my son shall bring an action against that fellow, Birchett, for an assault. It seems to me that the case is quite clear." "It is, at all events, rendered doubtful," said Sir Robert Croyland, "by what has been suggested. I think the officers had better now be recalled; and, by your permission, I will put a few questions to them." In a very few minutes the room was, once more, nearly filled, and the baronet addressed Mowle, in a grave tone, saying--"A very different view of this case has been afforded us, Mr. Mowle, from that which you gave just now. It is distinctly proved, and I myself can in some degree testify to the fact, that Mr. Radford was on the spot accidentally, having been sent for by his father to join him at Ashford----" "At the Ramleys', I suppose you mean, sir," observed Mowle, drily. "No, sir; at Ashford," rejoined Mr. Radford; and Sir Robert Croyland proceeded to say: "The young gentleman also asserts that he was persuading the smugglers to submit to lawful authority, or, at all events, not to fire upon you. Was there any more firing after he came up?" "No; there was not," answered Mowle. "They all galloped off as hard as they could." "Corroborative proof of his statement," observed Sir Robert, solemnly. "The only question, therefore, remaining, seems to be, as to whether Mr. Radford, junior, had really anything to do with the placing of his name upon the goods. Now, one strong reason for supposing such not to be the case is, that they were not found near his house, or going towards it, but the contrary." "Why, he's as much at home in the Ramleys' house as at his own," said a voice from behind; but Sir Robert took no notice, and proceeded to inquire--"Have you proof, Mr. Mowle, that he authorized any one to mark these goods with his name?" Mr. Radford smiled; and Mowle, the officer, looked a little puzzled. At length, however, he answered--"No, I can't say we have, Sir Robert; but one thing is very certain, it is not quite customary to ask for such proof in this stage of the business, and in the cases of inferior men." "I am sorry to hear it," replied Sir Robert Croyland, in a dignified and sententious tone, "for it is quite necessary that in all cases the evidence should be clear and satisfactory to justify the magistrates in committing any man to prison, even for trial. In this instance nothing is proved, and not even a fair cause for suspicion made out. Mr. Radford was there accidentally; the goods were going in a different direction from his house; he was seized, we think upon insufficient grounds, while endeavouring to dissuade the smugglers from resisting the king's officers and troops; and though we may judge his opposition imprudent, it was not wholly unjustifiable. The prisoner is therefore discharged." "The goods were going to the Ramleys," said the man, Clinch, who now, emboldened by the presence of several other officers, spoke loud and decidedly. "Here are two or three of the dragoons, who can swear that they followed a party of the smugglers nearly to the house, and had the gates shut in their face when they came up; and I can't help saying, that the search of the house by Mr. Radford was not conducted as it ought to have been. The two officers were left without, while he went in to speak with old Ramley, and there were a dozen of men, or more, in the kitchen." "Pooh! nonsense, fellow!" cried Mr. Radford, interrupting him with a laugh; "I did it for your own security." "And then," continued Clinch, "when we had gone down into the concealed cellar below, which was as clear a hide for smuggled goods as ever was seen, he would not let me carry out the search, though I found that two places at the sides were hollow, and only covered with boards." "Why, you vagabond, you were afraid of going down at all!" said Mr. Radford. "Where is Adams? He can bear witness of it." "Clinch didn't seem to like it much, it must be confessed," said Adams, without coming forward; "but, then, the place was so full of men, it was enough to frighten one." "I wasn't frightened," rejoined Mr. Radford. "Because it was clear enough that you and the Ramleys understood each other," answered Clinch, boldly. "Pooh--pooh, nonsense!" said Squire Jollivet. "You must not talk such stuff here, Mr. Clinch. But, however that may be, the prisoner is discharged; and now, as I think we have no more business before us, we may all go home; for it's nearly five o'clock, and I, for one, want my dinner." "Ay, it is nearly five o'clock," said young Radford, who had been standing with his eyes cast down and his brow knit; "and you do not know what you have all done, keeping me here in this way." He added an oath, and then flung out of the room, passing through the crowd of officers and others, in his way towards the door, without waiting for his father, who had risen with the rest of the magistrates, and was preparing to depart. Sir Robert Croyland and Mr. Radford descended the stairs of the inn together; and at the bottom, Mr. Radford shook the baronet heartily by the hand, saying, loud enough to be heard by everybody. "That was admirably well done, Sir Robert! Many thanks--many thanks." "None to me, my dear sir," answered Sir Robert Croyland. "It was but simple justice;" and he turned away to mount his horse. "Very pretty justice, indeed!" said Mowle, in a low voice, to the sergeant of dragoons; "but I can't help fancying there's something more under this than meets the eye. Mr. Radford isn't a gentleman who usually laughs at these matters so lightly. But if he thinks to cheat me, perhaps he may find himself mistaken." In the meantime the baronet hastened homewards, putting his horse into a quick pace, and taking the nearest roads through the woods, which were then somewhat thickly scattered over that part of Kent. He had no servant with him; and when at about two miles from his own house, he passed through a wild and desolate part of the country, near what is now called Chequer Tree, he looked on before and around him on every side, somewhat anxiously, as if he did not much admire the aspect of the place. He pushed on, however, entered the wood, and rode rapidly down into a deep dell, which may still be seen in that neighbourhood, though its wild and gloomy character is now almost altogether lost. At that time, tall trees grew up round it on either hand, leaving, in the hollow, a little patch of about half an acre, filled with long grass and some stunted willows, while the head of a stream bubbling up in their shade, poured on its clear waters through a fringe of sedges and rushes towards some larger river. The sun had yet an hour or two to run before his setting; but it was only at noon of a summer's day that his rays ever penetrated into that gloomy and secluded spot; and towards the evening it had a chilly and desolate aspect, which made one feel as if it were a place debarred for ever of the bright light of day. The green tints of spring, or the warmer brown of autumn, seemed to make no difference, for the shades were always blue, dull and heavy, mingling with the thin filmy mist that rose up from the plashy ground on either side of the road. A faint sort of shudder came over Sir Robert Croyland, probably from the damp air; and he urged his horse rapidly down the hill without any consideration for the beast's knees. He was spurring on towards the other side, as if eager to get out of it, when a voice was heard from amongst the trees, exclaiming, in a sad and melancholy tone, "Robert Croyland! Robert Croyland! what look you for here?" The baronet turned on his saddle with a look of terror and anguish; but, instead of stopping, he dug his spurs into the horse's sides, and gallopped up the opposite slope. As if irresistibly impelled to look at that which he dreaded, he gazed round twice as he ascended, and each time beheld, standing in the middle of the road, the same figure, wrapped in a large dark cloak, which he had seen when first the voice caught his ear. Each time he averted his eyes in an instant, and spurred on more furiously than ever. His accelerated pace soon carried him to the top of the hill, where he could see over the trees; and in about a quarter of an hour, he reached Halden, when he began to check his horse, and reasoned with himself on his own sensations. There was a great struggle in his mind; but ere he arrived at Harbourne House he had gained sufficient mastery over himself to say, "What a strange thing imagination is!" <h3>END OF VOL. I.</h3> <div style="break-after:column;"></div>

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