ignorant as the Indian peasant is, most cases would break down altogether were not the attention of the prosecutor and the witnesses directed to such points as may clearly set forth what has really transpired. There is of course the great danger in this of the magistrate, irritated by the stupidity or wilfulness of those before him, becoming something of a partisan for one side or the other; but practice corrects this tendency, and magistrates as a rule may be said to press for all the evidence they can get from either party, and then to cast aside all bias. And the fact of the English magistrate being almost always fair and impartial is a current belief with native suitors. I do not think I am saying too much when I assert this.-Let us take a case of common assault with the complainant at the bar, who proceeds after being sworn to tender his statement, which runs to the following effect : Jehan Khan (Complainant).—I am the son of Gholan Khan, and am a weaver of Kafirungpore. When sitting yesterday at my loom at about mid-day, Nubbi Buxsh came up to me and kicked me. I fell to the ground, when he beat me till I became insensible. No, I have no marks of injury to show. I can't in the least explain why he beat me! Court.-Who knows of this assault? Court. But any particular persons in the village? Court. What is his name? Compt.-Ruheem Buxsh. Court. His father's name? 1 Compt.-I don't know his father's name. But all the village can give evidence. I fell down and became quite insensible andCourt.-Yes, yes, you have said all that before. Can you give the name of another person as a witness? Compt.-No, I can't give another. Court. Then, this is your only witness? Court. To prove you were assaulted. Compt.-How can I give another name when all the people are my enemies? Court. Then, will Ruheem Buxsh give evidence for you 'In Indian courts, the names of the father of the parties, &c., is always entered in the record, Court. That you were assaulted? Compt.-God knows: I believe Ruheem Buxsh has been bought over. But the whole village knows what a bad character defendant bears. Court. Then, you have in fact no other witness but Ruheem Buxsh? Compt.-Oh yes, I have! Jan Mahomed and Wulli Khan will give evidence for me. Court.-What evidence? Compt. That I am a man of good character. - Court. But were they present at the attack on you? Compt.-How could they be? They live twenty miles away! Court. Then, in fact, Ruheem Buxsh is your only witness? Compt. (looking helplessly round and appealing to the vernacular writer).-What does the sahib say? I do not understand. (Question repeated.) Yes. Ruheem Buxsh is my witness. I want him called, and the head man of the village, and the village accountant. Court.-Were these men present at the assault? Compt.-What assault? Court (with much emphasis and with slow and distinct enunciation).-The-assault-in-which-you--are-the-complainant. Now, take care what you are saying. I cannot stand much more of this sort of thing. Be careful! Compt. (in great distress).—How have I offended your lordship? Court (mollified).—Well, were these present at the assault? Compt.-Which men? Court (in wrath).-O man without sense or understanding! the head man and the village accountant? Compt.-Protector of the Poor! how could these men have been present? Court.-Enough! Senseless one! (Turning to defendant.) Now, what has the defendant to say? The defendant, Nubbi Buxsh, then proceeds to deny categorically the charge laid against him, and declares he never touched complainant, who has trumped up this case from spite. The first witness for the prosecution is then called in, and takes his place in the witness-box. Court. What is your name? Witness.-Ruheem Buxsh, son of Alum Khan. Wit.-Yes. Court. Repeat after me what I say-I swear I will speak the truth.' Wit.-Yes. Court. Don't say Yes,' but repeat after me, 'I swear I will speak the truth.' Wit. Why should I not speak the truth? I never tell lies! Court.-Attend to my order, and take the oath. (After some fencing with the vernacular clerk, the witness is eventually sworn in due form.) Court. Do you know anything of this case? Wit. Of which case? Court.--Of the case in which Jehan Khan and Nubbi Buxsh are concerned. Wit. What should I know of this case? Court.-Then, you don't know anything of these people? Court. The people in court now present. Witness (looks helplessly round, and says at last).—Oh yes, I know the complainant. Court. Can you say if he was assaulted? Wit. -Who? Court. The complainant. Wit.-Who should assault him? Court. The question is, were you present when he was assaulted? Wit. (cautiously).—I know complainant bears a good character. Wit.-With whom? Court. With the defendant. Wit. What defendant? Court. This man here, Nubbi Buxsh? Wit. That man! Court.-Yes, that man. Wit.-I never saw him before. Def. (who has all this time been looking out of the window, and not in the least attending to witness).-Did not your grandmother marry complainant's brother's wife's uncle? Wit. I don't know. Court to Wit.- Well, do you know anything of this assault case? Court. This one in which complainant charges Nubbi Buxsh? Compt. (screams out).-This man has been bought over by defendant! Def. (also screams out).—This witness is my bitter enemy! VOL. XLIII. NO. CLXX, 0 Court (gently to defendant).—The man has not said anything against you. Why all this excitement? Def. (with tremendous energy).—All his family are a bad lot; his brother got three years for stealing, and his uncle was imprisoned for robbery! Court to Def.-The man has said nothing against you. (To witness.) Then, you know nothing of this case? Wit. (suddenly waking up).—Yes, I do. This Nubbi Buxsh attacked complainant with a stick and nearly killed him. Wit.-How could I see it, your highness? At that time I was in another village! Preserver of the Poor! your slave is telling the exact truth! Court. Then, you only heard this? Compt. (who has not been paying attention).—This man has been bought over by defendant. Court to Compt.-Senseless one! He has spoken, if anything, in your favour. Why do you talk such nonsense? Compt. (putting his hands to his ears).-I have forgotten myself. May your lordship forgive me! If I say another word, order me to be taken out and hanged! Court. You deserve to be punished for so constantly interrupting. I warn you not to offend again. (To witness.) You saw nothing of this assault with your own eyes? Wit. Of what assault? Court (losing all patience).—This assault concerning which you have been talking. Wit. How can I say anything? (Turns round and begins to detail some village incident he considers apposite to the subject, . but having really nothing to do with the business in hand.) Court.-Stop! We don't want that. You seem to know nothing. Stand down. But enough has been recorded to show pretty conclusively that even in the hearing of such a petty case as the one detailed above there is an amount of cross-grained stupidity on the part of the witnesses which must often make it a hard business for the magistrate to keep his temper. And when it is recollected that the magistrate in the Punjab has to carry on his duties in a close crowded court during the hottest hours of the day, with the thermometer in the summer months hardly ever below 94° or 96°, it will be conceded that, like the policemen in the 'Pirates of Penzance,' his lot, enviable enough though it may be in some respects, is not also without its distinct drawbacks. ALFRED HARCOURT. Cruel Barbara Allen. CHAPTER I. CHRISTOPHER was a fiddler and a man of genius. Educated people do not deny the possibility of such a combination; but it was Christopher's misfortune to live amongst a dull and bovine-seeming race, who had little sympathy with art and no knowledge of an artist's longings. They contented themselves, for the most part, with the belief that Christopher was queer. Perhaps he was. My experience of men of genius, limited as it may be, points to the fact that oddity is a characteristic of the race. This observation is especially true of such of them as are yet unrecognised. They wear curious garments and their ways are strange. The outward and visible signs of their inward and spiritual graces are familiar to most observers of life, and the aesthetic soul recognises the meaning of their adornments of the hair and their puttings on of apparel. Genius may be said in these cases to be a sort of mental measles exhibited in sartorial form, and it may be supposed that but for their breaking out there would be some fear of their proving fatal. There are reasons for all things, if we could but find them; yet where is the social philosopher who will establish the nexus between a passion for Beethoven and the love of a bad hat? Why should a man who has perceptions of the beautiful fear the barber's shears? There were no social philosophers to speak of in the little country town in which Christopher was born and bred, and nobody in his case strove to solve these problems. Christopher was established as queer, and his townfolk were disposed to let him rest at that. His pale face was remarkable for nothing except a pair of dreamy eyes which could at times give sign of inward lightnings. His hair was lank; his figure was attenuated and ungraceful; he wore his clothes awkwardly. He was commonly supposed to be sulky, and some people thought his tone of voice bumptious and insolent. He was far from being a favourite, but those who knew him best liked him best, which is a good sign about a man. Everybody was compelled to admit that he was a well-conducted young man enough, and on Sundays he played the harmonium gratis at the little Independent chapel in which that pious and simple pair, his father and mother, had worshipped till their last illness. Over this instrument Christopher-let me |