“Now, my man, please to be particular in your replies,” said Mr Tooth, pushing up his spectacles on his forehead, thrusting his hands into his trousers pockets, and staring very hard at Jim. “You said that you pulled the second oar from the bow on the day in which the whale was killed.”
“Yes.”
“Are you quite sure of that? Was it not the third oar, now?”
“Yes or no,” interrupted Mr Tooth.
“It’s so long since—”
“Yes or no,” repeated Mr Tooth.
“Yes,” roared Scroggles, forgetting at the moment, in his confusion and indignation at not being allowed to speak, in what manner the question had been put.
“Yes,” echoed Mr Tooth, addressing the judge, but looking at the jury. “You will observe, gentlemen. Would your lordship be so good as to note that? This witness, on that very particular occasion, when every point in the circumstances must naturally have been impressed deeply on the memories of all present, appears to have been so confused as not to know which oar of the boat he pulled. So, my man” (turning to the witness), “it appears evident that either you are now mis-stating the facts of the case or were then incapable of judging of them.”
Jim Scroggles felt inclined to leap out of the witness-box, and knocked the teeth of Mr Tooth down his throat! But he repressed the inclination, and that gentleman went on to say—
“When the boat of the Red Eric came up to the whale was the drogue still attached to it?”
“In coorse it was. Didn’t ye hear me say that three or—”
“Be so good as to answer my questions simply, and do not make unnecessary remarks, sir. Was the drogue attached when the boat came up? Yes or no?”
“Yes.”
“How do you know?”
“’Cause I seed it.”
“You are quite sure that you saw it?”
“In coorse!—leastwise, Tim Rokens seed it, and all the men in the boat seed it, and said so to me afterwards—w’ich is the same thing, though I can’t ’xactly say I seed it myself, ’cause I was looking hard at the men in the enemy’s boat, and considerin’ which on ’em I should give a dab in the nose to first w’en we come along side of ’em.”
“Oh, then you did not see the drogue attached to the whale?” said Mr Tooth, with a glance at the jury; “and you were so taken up with the anticipated fight, I suppose, that you scarcely gave your attention to the whale at all! Were the other men in your boat in a similarly unobservant condition?”
“Eh?” exclaimed Scroggles.
“Were the other men as eager for the fight as you were?”
“I s’pose they wos; you’d better ax ’em. I dun know.”
“No, I don’t suppose you do, considering the state of mind you appear to have been in at the time. Do you know which part of the whale struck your boat? Was it the head?”
“No; it was the tail.”
“Are you quite sure of that?”
“Ho, yes, quite sartin, for I’ve got a knot on my head this day where the tip of its flukes came down on me.”
“You’re quite sure of that? Might it not have been the part of the fish near the tail, now, that struck you, or the fin just under the tail?”
“No; I’m quite sartin sure it warn’t that.”
“How are you so sure it wasn’t that?”
“Because whales hain’t got no fins just under their tails!” replied Scroggles, with a broad grin.
There was another loud laugh at this, and Mr Tooth looked a little put out, and the judge cried “Silence” again, and threatened to clear the court.
After a few more questions Jim Scroggles was permitted to retire, which he did oppressed with a feeling that his evidence had done the case little good, if not some harm, yet rather elated than otherwise at the success of his last hit.
That evening Captain Dunning supped with Ailie and his sisters in low spirits. Glynn and the doctor and Tim Rokens and the two mates, Millons and Markham, supped with him, also in low spirits; and King Bumble acted the part of waiter, for that sable monarch had expressed an earnest desire to become Captain Dunning’s servant, and the captain had agreed to “take him on,” at least for a time. King Bumble was also in low spirits; and, as a natural consequence, so were Aunts Martha and Jane and little Ailie. It seemed utterly incomprehensible to the males of the party, how so good a case as this should come to wear such an unpromising aspect.
“The fact is,” said the captain, at the conclusion of a prolonged discussion, “I don’t believe we’ll gain it.”
“Neither do I,” said the doctor, helping himself to a large quantity of salad, as if that were the only comfort now left to him, and he meant to make the most of it before giving way to total despair.
“I knew it,” observed Aunt Martha firmly. “I always said the law was a wicked institution.”
“It’s a great shame!” said Aunt Jane indignantly; “but what could we expect? It treats every one ill.”
“Won’t it treat Captain Dixon well, if he wins, aunt?” inquired Ailie.
“Dear child, what can you possibly know about law?” said Aunt Martha.
“Would you like a little more tart?” asked Aunt Jane.
“Bravo! Ailie,” cried Glynn, “that’s a fair question. I back it up.”
“How much do you claim for damages, George?” inquired Aunt Martha, changing the subject.
(“Question!” whispered Glynn.)
“Two thousand pounds,” answered the captain.
“What!” exclaimed the aunts, in a simultaneous burst of amazement. “All for one fish?”
“Ay, it was a big one, you see, and Dick Jones, one of the men of the Termagant, told me it was sold for that. It’s a profitable fishing, when one doesn’t lose one’s ship. What do you say to go with me and Ailie on our next trip, sisters? You might use up all your silk and worsted thread and crooked pins.”
“What nonsense you talk, George; but I suppose you really do use pretty large hooks and lines when you fish for whales?”
Aunt Martha addressed the latter part of her remark to Tim Rokens, who seemed immensely tickled by the captain’s pleasantry.
“Hooks and lines, ma’am!” cried Rokens, regarding his hostess with a look of puzzled surprise.
“To be sure we do,” interrupted Glynn; “we use anchors baited with live crocodiles—sometimes elephants, when we can’t get crocodiles. But hippopotamuses do best.”
“Oh! Glynn!” cried Ailie, laughing, “how can you?”
“It all depends on the drogue,” remarked the doctor. “I’m surprised to find how few of the men can state with absolute certainty that they saw the drogue attached to the whale when the boat came up to it. It all hinges upon that.”
“Yes,” observed Mr Millons, “the ’ole case ’inges on that, because that proves it was a fast fish.”
“Dear me, Mr Millons,” said Aunt Martha, smiling, “I have heard of fast young men, but I never heard of a fast fish before.”