hard cash-第150章
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e was a lunatic； we would make him or his estate pay a round sum for falsely imprisoning a sane Briton。 By…the…by； here is counsel's opinion on your case；〃 and he handed him a short opinion of a distinguished Queen's Counsel； the concluding words of which were these：
3。 If the certificates and order are in legal form； and were made and given _bona fide；_ no action lies for the capture or detention of Mr。 Hardie。
〃Why it is dead against me；〃 said Alfred。 〃There goes the one rotten reed you had left me。〃
〃Singularly dead；〃 said the attorney coolly； 〃he does not even say 'I am of opinion。' He is in great practice； and hardworked： in his hurry he has taken up the Lunacy Acts； and has forgotten that the rights of sane Englishmen are not the creatures of these little trumpery statutes。 No； thank you； our rights are centuries older； and prevail wherever； by good luck； the statutes of the realm are silent； now they are all silent about incarcerating sane men。 Besides； he gives no cases。 What is an opinion without a precedent？ A lawyer's guess。 I thought so little of his opinion that I sent the case to a clever junior； who has got time to think before he writes。〃 Colls entered soon after with the said junior's opinion。 Mr。 Compton opened it； and saying； 〃Now let us see what he says；〃 read it to Alfred。 It ran thus：
〃There was clearly a right of action under the common law and it has been exercised。 _Anderdon v。 Brothers； Paternoster v。 Wynn；_ &c。 Such a right can only be annulled by the express terms of a statute： now the 8 and 9 Victoria； cap。 100； sect。 99； so annuls it as against the madhouse proprietor only。 That； therefore； is the statutory exception； and tends to confirm the common right。 If the facts are as represented （on which； of course； I can form no opinion）； Mr。 Hardie can safely sue the person who signed the order for his alleged false imprisonment。
〃I agree with you that the usual course by praying the Court of Chancery for a Commission de Lunatico Inquirendo； is timorous； and rests on prejudice。 Plt。； if successful； is saddled with his own costs； and sometimes with Deft。's； and obtains no compensation。 It seems clear that a jury sitting at Nisi Prius can deal as well with the main fact as can a jury sitting by the order of the Chancellor； and I need not say the costs will go with their verdict； to say nothing of the damages； which may be heavy。 On the other hand； an indictment is hazardous； and I think you can lose nothing by beginning with the suit。 By having a shorthand writer at the trial； you may collect materials for an indictment； and also feel the pulse of the court； you can then confer upon the evidence with some counsel better versed in criminal law than myself。 _My_ advice is to sue Thomas Hardie； and declare in Tort。
〃（Signed） BARROW。
_〃N。B。_I have been thus particular； because Hardie _v。_ Hardie （if carried to a verdict） will probably be a leading case。〃
〃Who shall decide when counsel disagree？' inquired Alfred satirically。
〃That depends on where they do it。 If in court； the judge。 If here； the attorney。〃
You appear sanguine； Mr。 Compton；〃 said Alfred； 〃perhaps you would not mind advancing me a little money。 I've only half…a…crown。〃
〃It is all ready for you in this drawer；〃 said Compton cheerfully。 〃See thirty sovereigns。 Then you need not go to a bank。〃
〃What； you knew I should borrow？〃
〃Don't all my clients begin by bleeding _me？_ It is the rule of this office。〃
〃Then why don't you give up business？〃
〃Because I bleed the opposite attorney's client a pound or two more than my own bleeds me。〃
He then made Alfred sign a promissory note for the thirty pounds： advised him to keep snug for one week more； and promised to write to him in two days； and send Thomas Hardie's answer。 Alfred left his address and went from Mr。 Compton a lighter man。 Convinced of his courage and prudence； he shifted one care off his own shoulders： and thought of love alone。
But； strange as it may appear； two cares are sometimes better for a man than one。 Alfred； having now no worry to divert him from his deeper anxiety； was all love and jealousy； and quite overbalanced： the desire of his heart grew so strong it overpowered alike his patience and his prudence。 He jumped into a cab； and drove to all the firemen's stations on the Surrey side of the river； inquiring for Edward。 At last he hit upon the right one； and learned that Julia lived in Pembroke Street； number unknown。 He drove home to his lodgings； bought some ready…made clothes； and dressed like a gentleman： then told the cabman to drive to Pembroke Street。 He knew he was acting imprudently； but he could not help it。 And； besides； Mr。 Compton had now written to his uncle； and begun the attack： that would surely intimidate his enemies； and turn their thoughts to defence； not to fresh offence。 However； catching sight of a gunsmith's shop on the way； he suddenly resolved to arm himself on the bare chance of an attack。 He stopped the cab； went in and bought a double…barrelled pistol； with powder…flask； bullets； wads； and caps complete。 This he loaded in the cab； and felt quite prudent after it。 The prudence of youth！
He paid off the cab in Pembroke Street； and set about the task of discovering Julia。 He inquired at several houses； but was unsuccessful。 Then he walked slowly all down the street； looking up at all the windows。 And I think； if he had done this the day before； he might have seen her； or she him： she was so often at the window now。 But just then she had company to keep her in order。
He was unlucky in another respect。 Edward came out of No。 66 and went up the street； when he himself was going down it not so very many yards off。 If Alfred's face had only been turned the other way he would have seen Edward； and all would have gone differently。
The stoutest hearts have their moments of weakness and deep dejection。 Few timings are more certain； and less realised by ordinary men than this； from Palissy fighting with Enamel to Layard disinterring a city； this thing is so。
Unable to find Julia in the very street she inhabited； Alfred felt weak against fate。 He said to himself； 〃If I find her； I shall perhaps wish I had never sought her。〃
In his hour of dejection stern reason would be heard； and asked him whether all Mrs。 Archbold had said could be pure invention； and he was obliged to confess that was too unlikely。 Then he felt so sick at heart he was half minded to turn and fly the street。 But there was a large yard close by him； entered by a broad and lofty gateway cut through one of the houses。 The yard belonged to a dealer in hay： two empty waggons were there； but no men visible； being their dinner…time。 Alfred slipped in here； and sat down on the shaft of a waggon； and let his courage ooze。 He sighed； and sighed； and feared to know his fate。 And so he sat with his face in his hands unmanned。
Presently a strain of music broke on his ear。 It seemed to come from the street。 He raised his head to listen。 He coloured； his eyes sparkled； he stole out on tiptoe with wondering； inquiring face into the street。 Once there； he stood spell…bound； thrilling from his heart； that seemed now on fire； to his fingers' ends。 For a heavenly voice was singing to the piano； just above his head； singing in earnest； making the very street ring。 Already listeners were gathering； and a woman of the people said； 〃It's a soul singing without a body。〃 Amazing good things are said in the streets。 The voice was the voice of Julia； the song was Aileen Aroon； the hymn of constancy。 So sudden and full was the bliss； which poured into the long and sore…tried listener at this sudden answer to his fears； that tears of joy trembled in his eyes。 〃'Wretch that I was to doubt her；〃 he said： and unable to contain his longing； unable to wait and listen even to that which had changed his griefs and doubts into rapture； he was at the door in a moment。 A servant opened it： 〃Miss Dodd？〃 he said； or rather panted； 〃you need not announce me。 I am an old acquaintance。〃 He could not bear any one should see the meeting between him and his beloved； he went up the steep and narrow stair； guided by the hymn of constancy。
He stopped at the door； his heart was beat
