The Tale of Timber Town

“Very good,” said the Pilot, “that would suit; but why couldn’t you say so at first, instead o’ boxing the compass?”

The business was soon concluded, and Rose, for the first time in her life, drew a cheque, which was for nothing less than £7000.

“This is a large sum,” said the manager, “a large sum to take in a lump.”

“Isn’t it her own money she’s taking?” said the Pilot. “I’m her father, and I don’t see anything wrong about it.”

“But there her credit ceases,” said the manager.

“Let it cease,” said the Pilot.

The cheque was cashed at the counter, and Rose walked out of the bank with a mighty sheaf of notes in her hand.

For safety’s sake, the Pilot relieved her of some of her wealth, and Captain Sartoris relieved her of the rest, and thus the three walked briskly towards the Red Tape Office. Here, with difficulty and much climbing up and down stairs and traversing of corridors, they found the room of the District Judge, who was, in his minor capacity, likewise the Resident Magistrate.

He was a man of benign countenance, who, after the customary greetings and explanations had been made, politely asked them to be seated. This invitation the Pilot neglected to comply with, but, advancing to the table behind which the Judge sat, he said,

“I believe you have locked up a young man of the name of Scarlett.”

“That’s so,” said the Judge.

“Well, he’s a friend o’ mine,” said the Pilot, “a partic’lar friend.”

“Indeed,” said the Judge, smiling kindly. “I’m glad that Mr. Scarlett is not without friends.”

“I’ve a great respect for the Law,” continued the Pilot. “I always had, but that don’t make me feel less anxious to help a friend o’ mine that’s got into its clutches.”

The Judge continued to smile at the Pilot from behind his gold-rimmed spectacles. “I can quite believe it,” he said.

“Cap’n Sartoris,” said the Pilot, in his gruffest manner. “Stand up, sir!”

Sartoris stood.

“Scarlett was your shipmate, Cap’n?” continued the Pilot.

“Certainly he was,” answered Sartoris.

“And he was my very good friend, sir,” added Summerhayes, turning to the Judge.

“So you have said,” said the Judge.

“Well, we’ve come to bail him out,” said the Pilot; “that’s what has brought us here. How much will it take, Judge?”

“A – really – this is very sudden,” replied the Judge. “Er – this is – ah – most unusual. In fact, I might say that this is quite an unparalleled case.”

“We’re plain, sea-faring men,” said Sartoris, who felt he was bound to back up the Pilot, and to say something; “law isn’t our strong point.”

“Would you consider a matter o’ five thousand pound might do it?” asked the Pilot.

The old Judge leaned over his table, and took up a book.

“Bail?” he said. “Page 249. Listen to this. ‘On charges of murder, it is the uniform practice of Justices not to admit the person charged to bail; although in point of law, they may have power to do so.’ That is from The Justice of the Peace – it seems perfectly plain.”

“You may give bail, but you make a practice of refusing it,” commented the Pilot. “Might I suggest that you set an example to the other Justices, an’ come out strong in the matter o’ bail? If you’ve got power to make the lot of a well-known citizen a little happier, why not use it? Hand over them notes, Sartoris.”

The Pilot emptied his pockets of all the money that Rose had handed him, and placed it on the Judge’s table, and Sartoris contributed his quota to the pile.

“There you are, Judge,” said the Pilot, pushing all the money towards the legal magnate, “that should be enough to bail out a Member of the Legislative Council, or even the Governor himself. That should fix it. But don’t think, Judge, that me and Cap’n Sartoris is doing this thing. No, sir, it’s my dar’ter. She supplies the motive-power that works the machinery. All this money belongs to her. She it is that wishes to bail out this young man who, we believe, has been falsely accused.”

“Ah – really,” said the good old Judge, “I must say – now listen to this: I have here the newest edition.” He took another and bulkier volume from his table. “Page 66, section 176. Allow me to read. ‘The exercise of discretion with respect to taking of bail for the appearance of an accused person, where such discretion exists – namely, in all crimes except treason, being accessory after the fact to treason’ – ”

“Yes,” interrupted the Pilot, “that’s the Law, an’ very good it is, very good to them as understands it; but what Sartoris, my dar’ter, and me want is for you to let this young feller out of gaol till the trial, an’ we’ll be responsible.”

A perplexed look came over the Judge’s face. He took off his glasses, and wiped them; readjusted them; gave a bewildered look at the Pilot, and said, “Yes, yes; but listen to what I am reading. The first question is whether bail ought to be taken at all; the second, what the amount should be.”

“Place it high, Judge,” said the Pilot. “We’ve come prepared for that. We’ve come prepared with seven thousand.”

“Really, this is most irregular,” complained the Judge, his finger marking the place on the page from which he was reading. “The – ah – object of bail, that is the amount of bail should be sufficient to secure the appearance of the accused to answer the charge.” He had found his place, and read on determinedly, “‘And it may be remarked here, that it is not the practice in England, under any circumstances, to take bail on charges of murder.’”

“Jus’ so, Judge,” said the Pilot. “Jus’ so. It’s not the custom in England. That’s as I should ha’ thought. But here, where murders don’t occur every day, you may grant it if you like. That’s as I thought, just as I thought. What’s your opinion, Cap’n Sartoris?”

“Same here,” said Sartoris, tapping his chest. “I’m with you, Pilot; with you on every point.”

“Theoretically, that is so,” said the Judge, “but practically, how are you going to assess bail for a man who is to be tried for his life? What amount of money will guarantee his reappearance? Why, no sum, however great.”

The Judge shut his book with a snap, and set his mouth firmly as one who had made up his mind.

“This young man,” he continued, “whom I knew and respected as well as you yourselves, has been accused of most serious crimes. He is said, with the aid of other persons at present at large, to have murdered the members of a gold-escort and to have stolen gold to the value of something like twenty thousand pounds.”

The two seamen stood attentively, with their eyes fixed earnestly on the Judge, whilst Rose covered her face with her hands.

“Besides which,” – the Judge had now regained his judicial composure, and his words flowed smoothly, as though he were on the bench – “we must remember that the accused is reputed to be a wealthy man. Supposing him to have augmented his means by murder and malpractice, what would ten, twenty or even thirty thousand pounds be to him in comparison with his life? That is the question. There can be no guarantee of his reappearance. Bail is impossible. But I will do this: I will extend you the privilege – seeing your affection for this man, who, for your sakes as well as his own, I hope may be acquitted – I will allow you leave to visit him on certain days, between the hours of 10 a.m. and 12 noon, and I will write an order to that effect.”

He looked at Jack’s sympathisers, who remained dumb. Dipping his pen in the ink, he asked them their names in full, and wrote.

Handing each of them an order, he said, “You will present those to the gaoler when you desire to visit your friend. I may say that I very much admire the strong affection which you have shown towards one who is under such a serious charge as that made against the prisoner, John Scarlett. I wish you good morning.”

So saying, he rose from his chair, and, when they had gathered up their money, ushered them out of the room.

CHAPTER XXXVI

In Durance Vile

With a basket on her arm, Rose Summerhayes issued from the creeper-covered verandah of the many-gabled house, and stood in her garden of roses.

It was the time of the autumn blooms. With a pair of garden scissors she cut the choicest flowers, and placed them upon the snowy napkin which covered the contents of her basket. Then she tripped into the town.

She passed by Tresco’s shop, where Jake Ruggles, worried by the inquiries of the police, and overwhelmed with orders which he could not execute, strove to act the absent goldsmith’s part. At the door of The Lucky Digger, where stood a noisy throng of men from the gold-field, she heard the words, “It never was the work of one man. If he did it, he had accomplices. How could one man lug the four of ’em up that mountain-side,” and she hurried past, knowing too well to whom the talk referred.