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THE REVERSE OF THE MEDAL aam-11

Page 24

by Patrick O`Brian


  'My opinion is not worth the breath to utter it: nothing do I know of the law at all. But I do remember that the Bible likens human justice to a woman's unclean rag - quasi pannus menstruate - and I have little faith in truth as an immediate safeguard, in this world.'

  'What I am so afraid of is that they may catch him on a false muster.'

  'A false muster, Thomas?'

  'It is when you put a friend's son's name down in your ship's books so as to gain him some sea-time, when in fact he is at home, still in petticoats or at school. Then when he comes to pass for lieutenant he can show certificates of having been at sea the full six years. Everyone does it - I could name half a dozen captains offhand - but if some ugly swab with a grudge swears to the fact, swears that the boy never appeared when all hands were piped for muster, why then you are dismissed the service, just as though it were a real false muster - I mean bearing men on your books that don't exist, merely to draw their wages and victuals.'

  'Yet surely that is an entirely naval, maritime offence, is it not? Whereas this is a trial by land: a false muster could not affect the Stock Exchange.'

  'I don't know, I'm sure. But Captain Dundas will tell us.'

  Captain Dundas, however, was not to be seen on the Eurydice's busy quarterdeck when Stephen went aboard her, and the officer of the watch was 'by no means sure he would be at leisure'.

  'Perhaps you would be so good as to mention my name, however: Maturin, Dr Maturin.'

  'Very well,' said the lieutenant coldly: he called a youngster and then walked off, leaving Dr Maturin by himself. The Navy, upon the whole, liked its visitors to be neat, trim, and reasonably well-dressed: Stephen had not shaved for some time; he had used his rolled-up coat as a pillow during the later part of the journey, and now it was strangely wrinkled and dusty; and his breeches were unbuckled at the knee. Yet none of this made any difference to Captain Dundas's welcome. He came hurrying out of his cabin, dressed in civilian clothes, and cried 'My dear Maturin, how happy I am I was delayed another five minutes and I should have missed you - I am just off to town.' He led Stephen below, asked most anxiously after Jack Aubrey, and dismissed the notion of false muster as irrelevant: what did Maturin think of the case - was there any real danger from the civilian point of view?

  'Looking at it from a distance I should have said there was none, but looking at counsel's face, and remembering what has happened in trials with a political side to them, I fear for the outcome. So much so that I am on my way to buy the Surprise.'

  'Are you, by God?' cried Dundas, who instantly took the point. 'But, you know,' he said, looking doubtfully at Stephen, 'she is likely to fetch a pretty penny, an uncommon pretty penny, as a private man-of-war.'

  'So I was told by a great man at the Admiralty; hut even so I think it can be encompassed. Would it be possible for you to lend us an able hand or two, to help move her to Shelmerston? They could come down in the coach with Bonden and my servant, while Tom Pullings and I go ahead in the chaise and transact the business.'

  'You shall have a party at once. The sale is tomorrow, I believe? Dear me, you have no time to spare. If you are to be there before nightfall you must be on your way directly. Let me pull you ashore. My barge is alongside, and as soon as I have given orders about your men we can shove off. You must not be late for the fair, whatever happens. How glad I am that you have Tom Pullings with you Had you been alone I should certainly have accompanied you,

  by way of protection against the shoals and the sharks -ship-buying calls for expert knowledge, just like cutting off a leg - a pair of legs - and I have absolutely engaged to go up to town, to see the young person I was telling you about I shall be at Durrant's -'

  'Not at your brother's?'

  'No. Melville and I ain't on speaking terms. You cannot abuse another man's children or their mother without expecting to be kicked And I shall still be there when you come back. Pray let me know how things have gone, will you? You do not mean to be at the trial, I collect?'

  'I do not, unless I am called as a witness on the third day.'

  'No, no,' said Dundas, shaking his head 'A great deal of muck-raking, no doubt. Perhaps I shall just lurk in a passage and come in to cheer at the end. You will not forget to give my very best wishes to Tom Pullings?'

  For this purpose Stephen could not in fact have had a better ally than Tom Pullings. They came out of their inn as the sky cleared after a rainy night and walked down over the shining cobbles towards the quay, and time and again he responded to 'Captain Pullings, sir, good day to you,' or greetings of that kind; he was well known in the town and obviously respected, and Stephen observed that as the sea came nearer so Captain Pullings became more and more wholly adult. There was a brief lapse into the young fellow Stephen had known so long ago when they turned a corner and the long harbour came into sight, with the Surprise lying against the quay on the far side, lit by a clear sea-light and a high, gently dappled sky as though for her portrait. 'There she lays,' he cried. 'Oh there she lays! Ain't she the loveliest thing you ever saw?'

  'She is, too,' said Stephen, for even to his profound ignorance she stood out among the common workaday vessels like a thoroughbred in a troop of carthorses.

  But apart from that enthusiastic cry, the Pullings who guided him to the steps was a grave, obviously capable officer, possessed of great natural authority. His London diffidence had quite gone by the time they were sitting in the boat that was to carry them to the far side, and it was clear to Stephen that Tom could deal with any commander in the service, let alone a gathering of marine brokers, ship breakers, auctioneers and the like.

  The frigate was quite unchanged, seen from the level of the sea, and even Dr Maturin would have recognized her towering mainmast with its particular rake, her fine entry and her flowing lines from a mile away or even more. But what a different state of things was seen when they came aboard! The familiar decks, the gunroom, the great cabin itself were full of merchants of one kind or another, and since they were also going to attend the sale of a captured American whaler they were all dressed in old and greasy clothes, which made their prying, evaluating, horse-coping motions even more offensive to the prejudiced observer. Several groups came up to Pullings and spoke to him in low confidential tones, proposing arrangements for various parts of the ship - arrangements to avoid undue competition - arrangements for the advantage of all concerned and while he dealt with them in his cheerful, decided, competent way, Stephen lapsed into a reverie, his hand resting on his meagre belly in a somewhat Napoleonic attitude.

  Beneath his hand, beneath his buff waistcoat and his shirt, lay a sheaf of crisp new Bank of England notes, a man-of-war in small compass straight from Threadneedle Street, and for a while he took a certain remote pleasure in their crinkling response to the pressure of his fingers; but his mind was almost entirely taken up with thoughts of Diana - her delight in auctions - her ingenuous excitement her mounting colour and brilliant eyes - her inability to sit still or keep quiet - the library of Calvinist theology that she had once bought by mistake, the fourteen long-case clocks - and although he paid some mechanical attention to the preliminaries and to Pullings's early bids, his mind soon sank so deep that the clear vision of Diana, standing just inside the door at Christie's with her head held high and her mouth opening in an expression of vivid triumph did not fade until the auctioneer's hammer came down with a decided crack and Pullings gave him joy of his purchase.

  'God love you, Doctor,' he said in a wondering tone, when the formalities were over and they were on deck again, 'to think you are the owner of Surprise!'

  'It is a solemn thought,' replied Stephen. 'But I hope I shall not be her owner long. I hope I shall find Mr Aubrey happy and at large, ready to take her off my hands; though I love her dearly, so I do, as a floating home, an ark of refuge.'

  'You, sir,' cried Pullings, laying his hand on a belayingpin. 'Leave those twiddling-lines alone.'

  'I was only looking,' said the longshoreman.

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p; 'You may step over the brow as quick as you. like,' said Pullings, and going to the side he called out to a wherry, 'Jospin, be a good chap and give your brother a hail. We must tow out to moorings before we lose all our standing rigging and the masts too. Lord, sir,' he said to Stephen, 'how I wish Bonden was here already, with his party. Even at moorings, out in the stream, I have only one pair of eyes.' He caught up a bucket and with wonderful dexterity he flung its water full on to some little boys on a raft made of stolen planks who were trying to prise some of the copper off the frigate's hull, under her bows. 'You whoreson little hellspawn buggers,' he called, 'next time I see you I shall have you taken up and hanged. No, sir, now the auctioneer's men are gone they look upon us as fair game. The sooner we are at moorings the better, and even then..

  'You mean to move away from the side, I collect? Away from the quay or wharf?'

  'That's right, sir. Out into the middle or centre.'

  'Then I shall step ashore now, by this convenient bridge or gangway; for were we in the middle I should have to go down into a boat, and I am not always quite at my ease, going down into a boat. You may have noticed it.'

  'Not at all, sir, not at all,' said Pullings. 'Anyone can slip, just a little.'

  'Besides, I must start back directly. Mr Lawrence may wish to call me as a witness on the third day, so there is not a moment to lose.'

  The chaise lost not a moment: the weather was uniformly kind, and the elegant black and yellow machine ran steadily north throughout the rest of that day and all night, never lacking for horses at any stage on the road nor for zealous post-boys. It brought Stephen to St James's Street in time to breakfast, to call a barber to shave him and powder his wig, to put on a good black suit of clothes and a new neckcloth, and to step into a hackney-coach for the City with a quiet mind. He was in good time and even when they were caught in an unmoving flood of vehicles this side of St Clement's he did not fret; nor, on reaching Guildhall at last, was he much concerned at finding the court full of lawyers arguing about a case whose nature he could not make out but which certainly had nothing to do with Jack Aubrey or the Stock Exchange. He had always heard of the law's delays and for a while he supposed that Jack's case had been put back for some reason - that it would be heard later, perhaps in the afternoon. He sat there, contemplating Lord Quinborough, a heavy, glum, dissatisfied man whose thick, insensitive face had a wart on its left cheek; the judge had a loud, droning voice and he very often raised it, interrupting one counsel or another; Stephen had rarely seen so much self-complacency, hardness, and want of common feeling gathered together under a single wig. He also tried to make out the point at issue, at the same time keeping an eye lifted for Jack's solicitors, his counsel, or their clerks; but in time he grew uneasy - this case was obviously going to last a very, very long while -and tiptoeing to the door he asked an attendant 'was this the right place for Captain Aubrey's trial?'

  'The Stock Exchange fraud? Why, it's all over -was over yesterday. They come up for sentence early next week, and won't they cop it? Oh no, not at all.'

  Stephen did not know the City at all well; there were no hackney-coaches to be had, and as he hurried through the hurrying crowds in what he hoped was the direction of the Temple he seemed to pass the same church again and again. He also came to the gates of Bedlam twice. Presently his rapid walking took on the quality of a nightmare, but the fourth time he reached Love Lane - it was Love Lane that foxed him every time - he chanced upon an unemployed ticket-porter who led him to the river. Here he took a pair of oars, and the tide being in his favour the waterman brought him to the Temple stairs in less time than he had taken to reach Bedlam from Guildhall. At Lawrence 's chambers Stephen learnt that he was sick, confined to his bed, but that he had left word for Dr Maturin. The transcript of the trial was being written fair and would be ready tomorrow, but if Dr Maturin did not mind the risk of infection, Mr Lawrence would be happy to see him at home, in King's Bench Row.

  'Conscientiously willing' would perhaps have been a more accurate expression, for as Lawrence heaved himself up in bed and pulled off his nightcap he looked perfectly wretched. His streaming eyes and nose, his obvious headache, his rasping throat, and his high degree of fever had a great deal to do with this, but he was also wretched as a lawyer and as a man.

  'You heard the result, of course?' he said. 'Aubrey and all the defendants found guilty. You will have the whole transcript tomorrow, so I shall only give you the main heads now.' He broke into a fit of coughing, said 'As far as I can recall them,' and began wheezing, gasping and sneezing again. 'Forgive me, Maturin, I am in a sad way - wits all far to seek. Pray pass me that stuff on the bob.' When he had drunk some he said 'Do you remember I told you to bring Aubrey's ideas of the law, or rather of the administration of justice, down to a less exalted pitch? Well, if you had spoken with the tongues of men and of angels you could not have done better than Quinborough and Pearce. It was butchery, Maturin, butchery. Long-drawn-out, cold, deliberate butchery. I have seen some pretty ugly political trials, but none to touch this; I had no idea that Government thought General Aubrey and his Radical friends so important or that they would go to such lengths to attack them, such lengths to obtain a conviction.' Lawrence went into another paroxysm, drank another draught, and clasping his head with both hands he begged Stephen's pardon. 'This will be a miserably disjointed account, I am afraid. As I told you, Pearce was for the prosecution - would-be handsome young fellow, smirking at the judge - very able speech nevertheless, I must admit, blackguarding all the defendants. It was easy enough for him to make the stock-jobbers sound a pack of knaves and he fairly tore them to pieces: but you will see all that in the report. Aubrey is what matters to us. Pearce set about him in a way I had not expected, though perhaps I should have expected it if I had not been so dull-witted that day and if I had looked at the jury more attentively. Merchants, all of them, or money-men, and as heavy and commercial a set as you could wish; and it was the jurymen Pearce was addressing - he did not have to trouble about convincing the judge. Pearce had no lessons in patriotism to take from anyone and no man had a more sincere regard for the Navy than he: Captain Aubrey was a distinguished sailor - Pearce had not the least intention of denying it - Pearce was really sorry that his duty required him to prosecute such a man - should far rather see him on the poop of a frigate than in his present unhappy situation. But this distinguished career, this reasonably distinguished career, was not without its interruptions: there was the loss of no less than three ships of an aggregate value of I forget how many thousands, and several unfortunate courts-martial. Furthermore, although Pearce must not be understood as attempting to lessen these services in any way it must be pointed out that they were not entirely voluntary: Captain Aubrey had been paid for performing them, not only with very large sums of money, free quarters and free servants, but with splendid decorations, medals and ribbons. Oh Lord, Lord: pray give me those handkerchiefs.' He wheezed and wheezed and held dry cambric to his raw sore nose, and after a while he recovered breath and spirits enough to go on 'What I say now is not in due order: it is merely the gist of what he conveyed to the jury either by statement or evidence of cross-examination or reply. I protested at many of the statements and much of the wholly inadmissible evidence and sometimes even Quinborough was obliged to support me, but of course the harm was done - the impression was conveyed to the jurymen, whether it was unsupported statement, hearsay or improper inference, and it was no good telling those fellows to dismiss it from their minds. I resume. Pearce did not have to tell the gentlemen of the jury that physical courage, the natural endowment of every Briton, was a splendid virtue; it was one of the things that raised Britons so far above all other nations; but it did not necessarily bring every other virtue in its train. The gentlemen of the jury might think there was, to say the least, a want of delicacy, even of integrity, in a captain who received a Negro as an honoured guest in His Majesty's ship, the Negro being not only the fruit of the captain's criminal conversation
with a black woman, but a Papistical clergyman into the bargain, and therefore totally opposed to His Majesty's supremacy. But of course Captain Aubrey might share his Radical connexions' views on Popery; he too might be all in favour of Catholic emancipation. Then there was the most distasteful question of sailing under false colours. It would be proved by extracts from his own log-books and by other evidence that Captain Aubrey had repeatedly sailed under false colours, and any attempt by the defence to deny it was doomed to ignominious failure. Pearce had nothing to say about false colours in war, except that to plain men, to straightforward city merchants, false colours had an ugly sound - the immortal Nelson did not bear down on the enemy at Trafalgar under false colours, he believed. But was there not a danger that this habit of sailing under false colours - and Captain Aubrey must have ordered them to be hoisted scores or even hundreds of times - might spread to civilian life? That was the only reason that Pearce most reluctantly mentioned the subject. Was not this alleged Mr Palmer a mere extension of the same stratagem? Captain Aubrey had amassed a considerable fortune in prize-money, largely by tricks or rather stratagems of this kind; he had made some very hazardous speculations and cases now depending might sweep that fortune away entirely, together with everything he possessed. He is in the most urgent need of a large sum of money - he lands from the cartel at Dover - he shares a chaise with some unknown gentleman - and there are his false colours ready to hand! This so-called Mr Palmer is said to have deceived him - the whole fault lies upon poor Mr Palmer. But really, gentlemen, it will not do. The burden cannot be shifted on to the shoulders of a non-existent Mr Palmer: I call him non-existent, gentlemen, because it is a maxim of the law that de non apparentibus et non existentibus eadem est ratio. He is a figment of the conspirators' imagination, founded upon the innocent anonymous gentleman who happened to offer the Captain a seat in his carriage. The innocent anonymous gentleman can be shown to have had an existence, and my learned friends will most zealously call half a dozen ostlers and chambermaids to prove it, but there is not a scrap of evidence to connect him with the mythical Palmer or with this most disgraceful and dangerous conspiracy.'

 

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