"Did you ever accuse Doctor Gambado of being a horse dealer?"
"Not that I am aware of."
"Not that you are aware of! Now, sir, I must get you to tax your memory, and I ask you plainly, did you not go on purpose to trap Doctor Gambado into the selling you a horse, that you might bring him into a court of justice?"
Mr. Deuce paused. He did not reply. He seemed nervous.
"Pray, sir, take your time. You are a member of the law, you know the law, and the usages of a court of justice; and I am sure you will give us a plain, straightforward answer."
"I did not go exactly with that intention. My friend, Mr. Ryecross, persuaded me to consult him about myself."
"Now, sir, I shall cross-examine your friend, Mr. Ryecross. Did you or did you not, at the very time that you went to consult this eminent physician, say to your friend, that he, meaning Doctor Gambado, was a horse dealer, and not a physician?"
"I might have so said."
"Pray, sir, do you understand the law of libel? I shall strongly recommend my client, let the result of this action be what it may, to bring an action against you, sir, for one of the grossest acts of libellous intention this court has ever heard of; and, if I mistake not the judgement this day will decide, whether a gentleman like yourself is to utter a libel of a ruinous tendency to so high a professional man, with impunity.
"Then you did say he was a horse dealer?"
"Yes, I did."
"Pray, sir, had you any previous acquaintance with Doctor Gambado?"
"None whatever."
"Then, I presume you acted in this manner entirely upon hearsay evidence?"
"I certainly did."
"You had no quarrel with Doctor Gambado?"
"None whatever."
"Was it a sense of justice to your country, that entirely induced you to try and _smell a rat_ in this gentleman"s character?"
"It was."
"And on that account you laid this information against him?"
"I did."
"It was not from any morbid indulgence of any splenetic humour with which you were at that time afflicted, that induced you to bring this action?"
"Oh, dear, no!"
"I may say then, sir, you considered it entirely pro bono publico?"
"Quite so."
"You have told the court, sir, that you purchased the horse of Doctor Gambado?"
"I did so certainly."
"You are sure he sold it to you?"
"I am quite sure."
"Pray, sir, did you ask him, if the horse was his that you bought?"
"I asked him if he had any horse that would suit me."
"What was his reply?"
"To the best of my knowledge, it was that he had one in his stables that would suit me."
"Now, sir, did he say, that _he had a horse_ in his stables that would suit you?"
"I understood him so."
"Pray, Mr. Deuce, be sure; because I should be sorry to convict you of a wilful and direct falsehood. I pray you to be sure. Did he say _he had a horse that would suit you_? or did he say, _there was a horse in his stables that would suit you_?"
"It never struck me before,--he might certainly say, _there was a horse_; but I took him to mean, that _he had one_ that he could sell me."
"Come, sir, I am very glad to find that you have a disposition to correct the evidence you have given for the prosecution. You have sufficient legal ac.u.men to distinguish between a man saying, _there is such a horse_, and _I have such a horse_; the latter sentence would go to identify the ownership of the horse, or a declaration to that effect."
"He might then say, _there was a horse in his stable_?"
"Well, I think he did say so."
"And you did not ask whether the horse was his or not?"
"I did not."
Let Mr. Samuel Ryecross be called.
"You are the friend of the last witness,--are you not?"
"I am."
"You have known him for some years?"
"I have."
"Did you persuade him to consult Doctor Gambado?"
"I did."
"Upon what grounds?"