Part 17 (1/2)

”Yes,” grunted that functionary. ”We've got the track, but we haven't got the game.”

”O, that will follow, as a matter of course,” chuckled the attorney.

”This Ichabod Jenkins probably resides in these parts?”

”I believe he is now in the neighborhood,” answered Ralph, with a gravity that he could scarcely maintain.

”It is important that he should be arrested on this _capias_,” said Bagsley. ”The debt is for a large sum, _to_ wit: the sum of _25, 7s.

6d_., which he owes and unjustly detains from one Samuel Parsons, plaintiff, and he has not paid the same, or any part thereof, although often requested so to do, wherefore the said Samuel Parsons claims damages, &c. And any information of a precise nature, that can be given, will be freely reciprocated on occasion. Perhaps we can get along without troubling Mr. Jenkins very much. You seem to be his friends; and as this is a bailable process, you can give bail for him.”

”I doubt,” answered Ralph, ”whether it will be at all necessary. I am sorry to inform you, that Mr. Jenkins is now a prisoner among a party of Senecas in this immediate neighborhood.”

”What!” exclaimed Bagsley, ”have they also lodged a capias against him!”

”I am more fearful that they have taken him in execution,” said Ralph, with an attempt at a pun, which we are happy to say, he at once rejected. ”The truth is, that this cottage has been attacked by a party of hostile Senecas, and not only Jenkins, but Miss Barton have been made prisoners.”

Bagsley put on a look of incredulity. ”You do not mean to say, that in these times of peace, war has been levied in this territory against the peace of our Lord the ---- rather, against the State of New York, _ex gratia Dei_, free and independent?”

”Fiddlesticks!” e.j.a.c.u.l.a.t.ed Rogers.

”It is doubtless a mere a.s.semblage of persons unlawfully together, for the purpose of committing riot or some other disorderly act; and probably a simple declaration that gentlemen of our profession are in the neighborhood, will be sufficient to quell the disturbance. Did I understand you to say, that this gentleman's daughter has been taken prisoner?” pointing to Barton.

”So I informed you, sir,” answered Ralph.

”I am happy to offer you my services,” addressing Barton: ”you can undoubtedly sustain an action of trespa.s.s on the case, for the injury in detaining your daughter from your service. This action, sir--and you will notice the beauty and appropriateness of the law--is brought technically for the loss of service--but you recover smart money, by way of damages for harrowed feelings, &c. Miss Barton can also have her action for a.s.sault and battery. Then there's Jenkins, why here's a way provided, through the benignity and ubiquity of the law--for at once satisfying this debt. He also has _his_ action for damages. Really, Rogers, we have done just the thing by coming here.”

”Make out the papers,” said Rogers, ”and we'll serve 'em tonight.”

”It is a most singular thing,” said Bagsley, addressing the company indiscriminately, ”the antipathy entertained generally, against gentlemen of our profession. Without us, I may venture to say, the world would be helpless--without us, what power would sustain the weak?

Without us, there would be an entire ignorance of that beautiful system which has been adorned by a Holt, a Hale and a Mansfield. But once let us enter an ignorant village of this description, and intelligence upon this subject spreads with wonderful rapidity--men rush forward to try by experience the fruits of that system which has been adorned by the labors of genius, and perfected by the wisdom of ages. Indeed, gentlemen, we may be called the vanguard of civilization.”

This eloquent tribute to the legal profession, seemed to provoke a variety of opinion. Barton and Ralph merely smiled. The Tuscarora e.j.a.c.u.l.a.t.ed ”ugh!” with considerable more force than usual; Sambo seemed to be perfectly enchanted--while Rogers, crossing his legs, and ejecting a quant.i.ty of tobacco-juice upon the floor, exclaimed, ”right--Bagsley--right--and you might have added, what would have become of the bailiffs, if there were no lawyers?”

”Can you give me the direction towards the riotous a.s.semblage you have mentioned?” inquired Bagsley.

”You certainly do not think of going thither?” exclaimed Ralph, in surprise.

”Of course, sir--of course;” answered Bagsley; ”were there any certainty that Mr. Jenkins would immediately return, we would postpone the matter for the day; but upon your intimation that he is detained _nolens volens_, I think we shall be obliged to go in pursuit of him.”

”You will encounter a great danger,” said Ralph. ”These Indians are highly excited and angry, and they may not discriminate between you and us at the cottage.”

”No fear of that, sir,” replied Bagsley with an air of dignity and complacency, ”I think they cannot but apprehend the distinction. What do you think of that, Rogers.”

”Right again,” said the functionary. ”I don't think anybody could mistake us. There's something in the eye and manner of a bailiff that make a rogue crest-fallen, at once. I'm ready.”

”I beg you, gentlemen, as you value your lives,” said Barton, ”to give up this foolish (as I must term it) errand--for the present, at least.

You will certainly regret it when too late.”