Didactic fiction; Domestic fiction; England -- Fiction; Married women -- Fiction
Now it happened, by very great accident, that the justice before whom
the girl was brought understood the law. Turning therefore to Booth,
he said, "Do you say, sir, that this girl was intrusted with the
shifts?"
"Yes, sir," said Booth, "she was intrusted with everything."
"And will you swear that the goods stolen," said the justice, "are
worth forty shillings?"
"No, indeed, sir," answered Booth, "nor that they are worthy thirty
either."
"Then, sir," cries the justice, "the girl cannot be guilty of felony."
"How, sir," said Booth, "is it not a breach of trust? and is not a
breach of trust felony, and the worst felony too?"
"No, sir," answered the justice; "a breach of trust is no crime in our
law, unless it be in a servant; and then the act of parliament
requires the goods taken to be of the value of forty shillings."
"So then a servant," cries Booth, "may rob his master of thirty-nine
shillings whenever he pleases, and he can't be punished."
"If the goods are under his care, he can't," cries the justice.
"I ask your pardon, sir," says Booth. "I do not doubt what you say;
but sure this is a very extraordinary law."
"Perhaps I think so too," said the justice; "but it belongs not to my
office to make or to mend laws. My business is only to execute them.
If therefore the case be as you say, I must discharge the girl."
"I hope, however, you will punish the pawnbroker," cries Booth.
"If the girl is discharged," cries the justice, "so must be the
pawnbroker; for, if the goods are not stolen, he cannot be guilty of
receiving them knowing them to be stolen. And, besides, as to his
offence, to say the truth, I am almost weary of prosecuting it; for
such are the difficulties laid in the way of this prosecution, that it
is almost impossible to convict any one on it. And, to speak my
opinion plainly, such are the laws, and such the method of proceeding,
that one would almost think our laws were rather made for the
protection of rogues than for the punishment of them."
Thus ended this examination: the thief and the receiver went about
their business, and Booth departed in order to go home to his wife.
In his way home Booth was met by a lady in a chair, who, immediately
upon seeing him, stopt her chair, bolted out of it, and, going
directly up to him, said, "So, Mr. Booth, you have kept your word with
me."
The lady was no other than Miss Matthews, and the speech she meant was
of a promise made to her at the masquerade of visiting her within a
day or two; which, whether he ever intended to keep I cannot say, but,
in truth, the several accidents that had since happened to him had so
discomposed his mind that he had absolutely forgot it.
Public-domain text, read in full here on John Shaqi.
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