It is impossible to conceive the idea of a district justice without a clerk. Nature produces all creatures in pairs; and the Hungarian Constitution, proceeding from natural principles, and acting up to them, produces Justice only by the joint agency of two beings, viz. judge and clerk. After introducing my readers to Mr. Skinner, it is but just that I should recommend Mr. Kenihazy to their notice. That gentleman is at this moment engaged in an interesting conversation with one of the dogs, and in the joy of his heart—for that lucky dog caught the hare!—he has just uttered certain quaint imprecations, which a shepherd was fined at the last sessions for using. Andreas Kenihazy, or Bandi Batshi, as his most intimate friends are in the habit of calling him, is his master's right hand. He is not such a right hand as may sometimes be found among other assistants, who, according to the words of Scripture, unconscious of the doings of the left hand, that is to say, of the justice, do the very reverse of what he did. No! Bandi Batshi is a loyal right hand, co-operating to the welfare of the whole of which it is part. As a good Christian, Kenihazy practised the lesson about the smiting of cheeks. Whenever his superior was insulted (that is, when he was bribed, which is the greatest insult you can offer a judge), Kenihazy would hold out his hand also, nor would he be pacified unless he was exposed to a like indignity. Nevertheless, Kenihazy was not easy to be bribed. To insult him was a difficult and dangerous business; and those who had once witnessed the outpourings of disgust with which the honest man resented so gross an outrage, trembled when they offered their gift to that righteous judge, who, for all that, remained mindful of his oath, and who, to make matters even, showed himself most favourable to those who had tried his temper, unless, indeed, the other party gave still greater offence.
We are sure to meet Kenihazy again, and we will not therefore expatiate on his blue jacket, which once upon a time boasted of a dozen buttons,—or his waistcoat, which owes its present colour to the sun,—or the time-honoured neckcloth, which gave the wearer a hanging look—and much less on his grey pantaloons. We mention his round hat and his boots and spurs merely in order to say that Kenihazy is the very picture of seedy gentility; and, having said thus much, we turn to a certain prejudice, which, though luckily obsolete in life, is generally accepted in theory. The prevailing opinion of the venality of judges is, I protest, utterly groundless. It has no foundation but those feelings of envy, which low people are wont to indulge in with respect to their betters.
Not to mention the fact, that according to our laws—and according to laws of which the boldest innovator dare not say that they are obsolete, inasmuch as their antiquity makes them venerable—our judges are allowed to accept presents: we need only point out the high estimation in which gratitude was held by all nations, both ancient and modern. To be good, a man ought to be grateful; and is it not therefore very wrong to insist upon a judge showing himself insensible to kindness? We are told we ought to do by others as we wish them to act by ourselves. Supposing now A., the judge, to be in the place of him from whom he accepts a present; that is to say, suppose A., the judge, were to plead a cause, about the justice of which he entertained some modest doubts, would not A. be very happy if the learned gentleman who sits on his case were to take a present and pronounce judgment accordingly?—and this being the case, ought not A. to deal with his fellows as he wishes to be dealt with by them?
It is a legal maxim that the judge ought to consider and weigh the proofs which are preferred in the suit. Supposing now the proofs of the claimant and those of the defendant are of equal merit, or nearly so, and supposing the claimant adds a few bank-notes to the legal documents, without the adverse party making a rejoinder to a plea of such universal power; what, in the name of fair dealing, can the judge do, but give judgment for the best pleader?
Returning to the party on the hill, we find Kalman eagerly disputing with Vandory. Their conversation was, of course, of the merits of hare-hunting. Tengelyi and Akosh took no part in it;—the former because he protested that the subject was one about which on consideration there could be but one opinion, while every body would at times act in opposition to that opinion; and Akosh declined to second his friend's argument, because his mind and heart were hunting on another track. He inquired of old Tengelyi how his daughter Vilma was, and his blushing face showed that he thought more of Vilma than of all the hares in the world. Tengelyi gave him but short answers, and even those reluctantly. Paul Skinner and his clerk conversed about the election, and of the means of gaining the public confidence. The names of certain villages occurred frequently in their interesting dialogue; and when Mr. Skinner, brightening up, murmured, "Ten butts, one dollar," Kenihazy was heard to respond with, "That will do to keep us in!" and, giving vent to his satisfaction, the worthy clerk, knocking his spurs together, blew an immense column of smoke from his pipe. In fact, he smoked with such violence, that one might have likened him to a steam-engine, but for the indecency of comparing a vulgar working machine with an Hungarian gentleman.
The party were about to leave, when their attention was suddenly directed to something which was going on in the plain below. Two men on horseback, and one on foot, were seen approaching over the heath; and it was remarked that the individual, whose means of locomotion were so unequally matched with those of his companions, walked in front of the horses, and sometimes even between them. The servants of the party, nay, the very justice, were in doubt as to who or what they were; whether Pandurs or robbers, for at that distance it was quite impossible to make out the difference, which doubtlessly does exist, between brigands and the familiars of the Hungarian Hermandad. On a nearer approach, however, all doubts were removed by the considerate manner in which the cavaliers sought to divert the attention of the pedestrian from the length of the way, by beating him; and it was at once clear that these were servants of the county escorting a prisoner, whom they were subjecting to the customary introductory proceedings.
"Let somebody ride down to the Pandurs and tell them to bring the culprit to this place," said Mr. Skinner to his clerk. "I'm sure he is one of Viola's gang; his case ought to be tried by a court-martial.[2] What did I tell you?" he continued, turning to Akosh, "I was sure we should catch the birds; and though I may not be re-elected, I mean at least to deserve the confidence of the county by hanging a parcel of the beggars on this hill."
"Not before you've caught them, and I doubt whether you ever will. Tengelyi says it is next to impossible to find an honest man. Now your example proves that nothing is more easy, because hitherto you've caught none but honest men; and I would almost swear," added Akosh, "that Viola's comrade, the mighty outlaw whom your people are bringing us, and to whose hanging you mean to treat the county,—that other Jaromir and Angyalbandi[3],—is no less a personage than our old gipsy."
[3] See Note II.
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