The Village Notary Part 40

Shoskuty shook his head, and bewailed the factious spirit of the county, which caused certain individuals to take advantage of judicial proceedings, for the purpose of annoying their political adversaries.

Mr. Kishlaki, who had his reasons for avoiding any thing in the shape of a quarrel with the Rety family, endeavoured to mediate between the hostile parties. "I am sure," said he, "Mr. Volgyeshy has no idea of insulting our respected sheriff, though he forgot that his intention must necessarily grieve the ill.u.s.trious family of the Retys. If the papers remained in the archives of the county, there could be no harm in your recording the whole of the evidence; but as this is not the case, I am sure, sir, you cannot wish to annoy one of the greatest families of the county; for I take it you must be aware of the truth of Mr.

Catspaw's argument, that the death of the prisoner deprives the very respectable persons whom he has slandered of the means of putting him to shame."

"What prevents Mr. Catspaw from preserving the means of defence?" said Volgyeshy, with a flush of generous excitement in his pale cheeks.

The worshipful gentlemen looked amazed, but the lawyer proceeded:

"A single dissentient vote is enough to save the prisoner's life. If Mr.

Catspaw thinks that Viola's confession is likely to injure him or Lady Rety, let him give that vote, and thus preserve the possibility of disproving Viola's statements."

"Oh, yes!" cried Mr. Kishlaki, eager to obtain the two objects next to his heart, namely, the liberation of the prisoner and the conciliation of the Rety family. "Yes, sir; to show my high respect for the sheriff, I am ready to give that vote!"

"_Per amorem! Domine spectabilis!_" shrieked Zatonyi; "do you mean to say that the fellow is not to be hanged?"

"Shocking! shocking!" sighed Baron Shoskuty, with an appealing look to heaven; "the robber is in our hands; our honourable friend Mr. Skinner has covered himself with glory, and risked his life, in capturing him; he indicts him before a court-martial, and _we_--_we_ discharge the fellow! n.o.body ever heard of such a thing!"

"I, for one," cried Mr. Skinner, "won't allow you to make a fool of me!

What the devil! is a man to risk his life for nothing? You won't catch me again at this kind of thing, I a.s.sure you!"

"Not hang the rascal?" roared Zatonyi. "I've attended scores of courts-martial, but I never heard of any thing like it. It's prost.i.tuting justice! it's protecting crime! it's----"

"Of course; so it is," said Baron Shoskuty; "it's putting a premium on robbery! it's a deleterious example!"

"Public safety will go to the dogs!" howled Mr. Skinner; and they all spoke at once: "Scandalous!--infamous!--new doctrines!--_fautores criminum!_--disgrace!" such were the words which predominated in this Babel of angry voices, until Mr. Volgyeshy at length silenced them. He protested what he wanted was not the liberation of the prisoner, but the transmission of the prosecution to the ordinary court.

"Of course!" sneered Mr. Zatonyi; "are we not aware of the practice of the court? I know of three cases,--I was not present, for if I had been I would not have allowed it; but I know of three cases in which the prisoners were sent to the courts; and what was the consequence? Why, one of them was sentenced to three months', and the second to a year's imprisonment; as for the third, they let him off altogether, though I'd bet you any thing the fellow was a robber. Don't you think, sir, we are so green as all that! The county has the right of court-martial for the purpose of using it; and use it we will!"

"I do not think that the courts-martial were granted under the express condition that a few people should be hanged every year," said Volgyeshy.

"It appears," said Mr. Catspaw, "that the liberation of the prisoner, or, at least, his prosecution in a common court, has been proposed for the purpose of favouring the Lady Rety and me. But I feel myself authorised to protest, in Lady Rety's name, that neither she nor I can consent to the court allowing themselves to be influenced by any private feelings in our favour, however flattering those feelings may be to her ladyship."

"Mr. Catspaw, sir, you are a gentleman!" said Baron Shoskuty; and the question was at once put, whether the prisoner's first depositions should be authenticated, or whether it was advisable to make out a new relation of the facts, and to adjourn the sentence to the following day.

Kishlaki advocated the second alternative; but he was overruled by the court, and nothing was left to Volgyeshy but to declare that he would not and could not obey the instructions of the court. Kishlaki was greatly shocked by this declaration; Zatonyi swore; the Baron rose, and shaking his most honourable friend's hand, he entreated him to pardon them if their resolution was offensive to him.

"Consider the _h.o.m.o sum, amice_! consider the _nihil humanum_!--we all pay unbounded respect to your principles and talents, but to the majority you ought to submit. Consider that every body does so, and I am sure you will see----"

But Volgyeshy protested that he could not, in the present case, _join_ the decision of the majority, though he acknowledged he had no legal remedy against them. That was the reason why he wished to withdraw. His firmness, or (as Shoskuty called it) obstinacy, threw the court into hopeless confusion, and there is no saying what they would not have done, if Mr. Catspaw had not volunteered to discharge the functions of a notary.

"Sir, your offer is accepted, gratefully accepted, I say," cried Zatonyi. "Mr. Volgyeshy, who has just entered the service, will in time find out that a man is none the worse for doing his duty according to the decision of a majority. Leave him alone with his principles! he'll soon get tired of them, I'll warrant you!"

"Mr. Volgyeshy," said the attorney, with a sneer, "has brought the matter to this point for the purpose of saving the prisoner's life,--a n.o.ble and generous feeling, gentlemen, especially in this time of general philanthropy,--quite a romantic feeling, I a.s.sure you, gentlemen. But we, who are older, and, let me say so, tougher, cannot imitate his example, though I trust the n.o.ble young man gives me credit for appreciating his motives. As I told you, I am ready to officiate in his place; but I think Mr. Volgyeshy, seeing that his refusal to act has no effect upon us, will not persist in his refusal. Am I right, my generous young friend?"

But the generous young friend rose, and pushing his batch of papers to Mr. Catspaw, he declared that nothing could induce him to take a part in the proceedings, which he went to the length of designating as an act of judicial tyranny.

This bold declaration called forth a fresh torrent of abuse.

"Disgraceful!" cried Mr. Skinner.

"It's infamous!" said Zatonyi.

"You ought to be ashamed of yourself, sir!" snarled Mr. Catspaw.

"Gentlemen," said Volgyeshy, when their frantic rage had in a manner subsided, "I meant no offence to any of you. Allow me to explain what I said."

"Explain? What the devil do you mean to explain, sir?" cried Zatonyi.

"Do you mean to say, sir, that we are murderers? Are you aware that you have no vote? To insult the judges is an infamous act; d--n you, sir, you're infamous, sir!"

"Yes!" said the Baron; "let us pa.s.s a resolution to that effect."

"Do you mean to do it by court-martial?" asked Volgyeshy, with a scornful smile.

"Yes, sir! In any way, sir! I'm sure _I_ don't care. Whoever insults the judges or the court is infamous! That's written law, sir! it's in the _corpus juris_. And you'll find it law, sir, and to your cost, sir!"

"It is _ad horribilationem_!" groaned Zatonyi.

"You may, if you please, pa.s.s a resolution of infamy against me," said Volgyeshy; "but permit me, not indeed for the sake of those who care for nothing except the execution of the prisoner, but out of love and respect for your president----"

"_Captatio benevolentiae!_" cried Zatonyi. "Our respected president wants no flatteries from the like of you!"

"----direct the attention of the court----"

"The attention of the court wants no direction whatever," said the Baron.

"----to the heavy responsibility which rests with every one of you, if the present proceedings are brought to a fatal end."

"What, the devil! are the judges to be made responsible? I never in all my life----"

"Halljuk! halljuk!" said Kishlaki, who listened with great eagerness.

Volgyeshy took the articles, and pointed out to the court that their safety consisted in the strict legality of their proceedings, and that the present case did not come within their jurisdiction.

"_Cra.s.sa ignorantia!_" said Zatonyi, contemptuously, "as is but too common among the young gentlemen of the present day. Viola's case is a court-martial case with a vengeance!"

"But the details----"

"_Cra.s.sa ignorantia!_" cried the a.s.sessor, raising his voice. "Did he not resist the capture? Did he steal Tengelyi's papers because they were eatables? which, I admit, would const.i.tute an extenuating circ.u.mstance; or is he under age, or a lunatic? Or is the gang to which he belongs indicted before any court at law?"

Volgyeshy remarked, that the case was so intricate that it would take the court at least three days to sift it.

"Three days, indeed! I'd do away with twenty of these rascals in much less time than that!"

"It seems you have forgotten what the prisoner said concerning certain accusations----"

"Which have nothing whatever to do with the question at issue," cried Baron Shoskuty; "there's no mention of them in the minutes. I mean to forget them."

"Sir!"

"Baron Shoskuty is right," said the a.s.sessor; "the prisoner's nonsensical talk has nothing in common with the _species facti_--it's no use mentioning it."