When the indictment had been

important case, Oliphant v. Wideawake, the court-house at Stainton was crowded to suffocation; for Dick was very popular, and it was generally thought that Mr. Oliphant should not have gone the length of bringing him into a court of justice for such trivial offences. The farmer, accompanied by his silent friend, Hawthornthwaite, appeared early on the stage, and, till the bench was occupied by Mr. Carlton and another magistrate, spent the time in returning with interest the 'chaff' of his numerous friends. Jabez came later, escorted by his lawyer, Mr. Crumplins.

The Acts under which the farmer was charged were passed in the reign of George IV. for the better regulation of turnpike roads.

It

was there enacted, not unreasonably, that the driver of a waggon, wain, cart, or other carriage should not ride upon his vehicle on any turnpike road without having either reins or some one on foot to lead the horse; and further that no cart should be driven along such a road without there being painted in one or more straight line or lines, upon some conspicuous part of the right or off-side of the vehicle or upon the off-side shafts thereof,' the name and abode of the owner, at full length, in large legible letters, not less than one inch in height.' The driver who offended against either of these regulations was liable to a fine of forty shillings if he were not the owner, of five pounds if he were, and in either case to three months' imprisonment in default of pay

ment.

without reins or a name on his cart, Mr. Crumplins rose, with a bow to their worships, and said he appeared for the plaintiff.

'And who is for the defendant?' asked Mr. Carlton.

'I'se here for mysel, to be sure,' replied Dick, 'ye don't think I've ony brass to ware o' lawyers, do ye, Mr. Carlton ?'

Mr. Crumplins, a pert young attorney, who thoroughly believed in the (lawyer's) axiom that the man who pleads his own cause has a fool for his client, was promising himself no little sport at the expense of the burly farmer, and said rather jeeringly, 'Come, come, Mr. Wideawake, it is very hard that you don't give the profession a job sometimes: you make plenty of money by old horses, I know.'

'Eigh,' answered Dick, but that's nae reason 'at yan sud spend it o' young asses.'

Amid the laughter which followed this retort, Mr. Crumplins opened the case. He said he would not detain their worships long, for he apprehended the offences against the Act would be so clearly proved by the respectable witnesses he should call that, when these had given their evidence, no shadow of doubt would remain on their worships' minds. Driving without reins, in particular, was an offence so grave that no one could be sur prised if a wise legislature had attached a severe penalty to it; for though it might be said, that in this especial case, no harm had resulted therefrom, what, he might ask, would be the consequence

if

persons were allowed to urge horses which they had no means of controlling, through the streets of a crowded town? Mr. Oliphant's motives in bringing this action were the purest possible, for he felt that such an evil must be stopped, as it were, at the fountain-head, otherwise there would be no resisting it. Hence, in spite of the ill-will he would necessarily incur, in spite even of a strong personal liking for the defendant himself, who was a very respectable man and therefore the more to be blamed for his breach of the Act, the plaintiff had come forward to vindicate the laws of his country. Mr. Crumplins would now call Mr. Oliphant himself to prove the facts of the case.

Jabez accordingly, having been sworn, stated in answer to the lawyer's questions, that on the day named, he was walking with Mr. Truman, when they met the two farmers both sitting on the front of a cart, Wideawake acting as driver, but having no reins; and further that there was no name on the offside or the off-side shaft of the cart; that, observing this, he had informed Wideawake of his intention to prosecute him, whereupon the farmer had become angry.

'What wor t' cart laden wi', Mr. Oliphant?' asked Dick.

'With sacks, some full of hay or corn apparently, and some empty.'

'An' wor naan o' t' empty secks hanging out a bit ower t' off-side?' 'I do not know.'

Dick's eye twinkled with satisfaction; but Mr. Oliphant was not yet aware of the gravity of the admission he had made.

'Ye swear there was no name; now did ye look near t' back o' t' cart?'

'Not particularly.'

'Well, now, that's honest though ye're rayther too mich given to looking at yan bit of a thing all'ays, Mr. Oliphant.'

'I saw no name, and I was con

VOL. LXXX.-NO. CCCCLXXVII.

'No, but I knaw-an' t' court knaws, too,-'at nae man wad do it.. He wad just say, Let t' owd fool think what he likes' [laughter]; 'he's wrang but I don't care.-Now will ye gang out into t' court-yard and look at t' horse an' cart there an' tell us on yer aith whether they're t' same?

Mr. Oliphant went out accordingly, and returned considerably astonished and crestfallen.

'Well, are they t' same, Mr. Oliphant?' asked the farmer. 'I believe so.'

'An' did ye see ony name on t off-side, now 'at ye hev looked better, an' at aw on't?'

There is certainly your name, but it is in a most unusual place; it is close to the back of the cart instead of the front.'

'Now then, Mr. Oliphant,' said Dick in his most decisive voice, ‘ye couldn't swear 'at ye looked at that place particularly, an' ye couldn't swear 'at there wor nae secks hanging ower t' cart-side. Be varra careful now: will ye still swear 'at t' name wor not there efter aw, hidden under a bit of a corn-seck?

'I certainly cannot now that positively, though

swear

'Varra weel, that'll do; and ye may stand down, for me.'

Mr. Crumplins, astounded like Mr. Oliphant at the discovery of the name on the cart after all, was beating his brains to find some way out of the dilemma in which Dick's arguments had placed the case. He had measured the

CC

letters, but they were of more than the required height and conformed to the Act in every way; to be sure they were in a most unusual place, as Mr. Oliphant said, but then they were on the off-side, and conspicuous enough, which was all apparently that the law required. Was it possible that his client could really have been mistaken? The lawyer could think of no other explanation unless Dick had got the name painted there afterwards; yet the paint seemed old enough. He contented himself therefore with asking his client whether he had ever seen a name on a vehicle before in such a position.

Certainly not,' said Jabez. 'And don't you think it may have been painted there since ?'

Nay now, Mr. Crumplins,' exclaimed Dick, appealing to the bench, we've nought to do wi' his thowts; we want facts. If ye can prove 'at t' name hes been painted sin' he met us, prove it and welcome: but ye cannot, nae mair than ye can prove that iver a lawyer went to heaven!' [Laughter.] The justices of course decided with the farmer, and would not allow the question to be put.

Mr. Truman's examination did not take long: he testified to the same facts as Mr. Oliphant, but, as he had noticed the cart less, he declined, still more decidedly than that gentleman, to swear that the name was not on it at the time in its present place. He stated however that Dick, besides sitting in the driver's place, had addressed the horse as Jerry, saying, 'Gee up, Jerry.'

doubt,' replied the witness, after a cautious pause.

'And you are a farmer?'
'Ay, I farm a bit.'

'You were with Wideawake when he met Mr. Oliphant?'

'Ye've heard what they said.' 'Yes, sir, but we can have no evasions. We want to hear what you say.'

'I'se happen be bearing testimony again' mysel.'

'Nobody wants to prosecute you, you simpleton!' said Crumplins impatiently, and you must speak the truth.'

'Well then, we wor riding togither.'

'Oh, riding together you admit that. And Wideawake was sitting in the driver's place?'

'I isn't reghtly sure: yan can't remember sich trifles quite as weel as rent-day.'

'Well, it does not matter, as we have his position from other witnesses, but I advise you not to prevaricate farther with the court. Now as to this name, was it on the cart on the day in question?'

'Ay, on t' day i' question.'

'You will swear that you saw the name yourself, and that it has not been painted since?' said Crumplins, in surprise.

'I swear that.'

'Then will you tell the court why you remember this trifle when you forget another circumstance equally trifling?'.

The question was a silly one as addressed to a hostile witness, and the answer was ready.

'Why it wor natteral, ye knaw, efter what had happened, to look if there wor ony name.'

'Hm-well, there's no getting the truth out of you, I see: I have done with you.'

Dick jumped up: Whose horse wor it, Mr. Hawthornthwaite ?' 'Mine,' answered the witness, readily.

An' we had to come down