repeated; and this seems very like hearsay testimony. I believe it's admitted all round, we must reject that."

"What is your opinion, Captain Lyon?" demanded the president.

"The case is somewhat knotty, but it may be untied," returned the Scot, with a sneer on his hard features. "No need of Alexander and his sword to cut the rope, I'm think ing, when we bring common sense to bear on the point. What is the matter to be ascertained? - Why, the place which was agreed on as the point of rendezvous between this Rawl Eevart and his people. Now, this arrangement must have been made orally, or in writing; if orally, testimony to the words uttered will not be hearsay, farther than testimony to what a man has seen will be eyesight."

"Quite true, Mr. President and gentlemen!" exclaimed the Judge Advocate, who was not a little relieved at finding a clue to lead him out of the difficulty. "If the agreement had been made in writing, then that writing would have to be produced, if possible, as the best evidence the case affords; but, being made in words, those words can be sworn to."

Cuffe was much relieved by this opinion, and, as Sir Frederick did not seem disposed to push his dissent very far, the matter would have been determined on the spot, but for a love of disputation that formed part and parcel, to speak legally on a legal subject, of Lyon's moral temperament.

"I'm agreeing with the Judge Advocate, as to his distinction about the admissibility of the testimony on the ground of its not being technically what is called hearsay evidence," he observed; "but a difficulty suggests itself to my mind touching the pairtenency. A witness is sworn to speak to the point before the court; but he is not sworn to discuss all things in heaven and airth. Now, 's it pairtenent to the fact of Rawl Eevart's being a spy, that he made sairtain agreements to meet this or that fellow-creature, in this or that place. Now, as I comprehend the law, it divides all questions into two great classes-the pairtinent, and the impairtinent, of which the first are legal, and the second illegal."

"I think it would be a great piece of audacity," said Sir

Frederick, disdainfully, " for such a fellow as this Bolt, to pretend to call any question we can put him, impertinent !"

"That's no just the p'int, Sir Frederick; this being altogether a matter of law, while ye'll be thinking of station and etiquette. Then, there's two classes of the pairtinent, and two of the impairtenent; one being legal and logical, as it might be, and the other conventional and civil, as one There's a nice distinction, latent, between the

may say.

two."

"I believe the court is of opinion that the question may be put," observed Cuffe, who was impatient of the Scotchman's subtleties, bowing to Sir Frederick, to ask an acquiescence which he immediately received. "We will re-open the doors, and proceed in the examination."

"that

"The court is of opinion, witness," resumed the Judge Advocate, when every one was in his place again, you must answer the question. In order that you may understand it, I will now repeat it. Where was it agreed between Raoul Yvard and his people, that they should meet again?"

"I do not think the people of the lugger had anything to say in the matter," answered Ithuel, in the most unmoved manner. "If they had, I knew nothing on 't."

The court felt embarrassed; but as it would never do to be thwarted in this manner, a look of determination was exchanged between the members, and the examination proceeded.

"If not the people, the officers, then. Where was it agreed between the prisoner and his officers, that the former should find the lugger, when he returned from his expedition into the Bay?"

"Well, now, gentlemen," answered Ithuel, turning his quid from one cheek into the other, "I some conclude, you've no great acquaintance with Captain Rule, a'ter all ! He is not apt to enter into any agreements, at all. What he wants done, he orders; and what he orders, must be done."

"What did he order, then, as respects the place where the lugger was to wait for his return?"

"I'm sorry to be troublesome, please the court," returned the witness, with admirable self-possession ; "but law is

aw, all over the world, and I rather guess this question is ag'in it. In the Granite state, it is always held that when a thing can be proved by the person who said any particular words, that the question must be put to him, and not to a bystander."

"Not if that person is a prisoner, and on his trial," answered the Judge Advocate, staring to hear such a distinction from such a source; though the remark is a good one, in the cases of witnesses, purely. You must answer, therefore."

"It is unnecessary," again interposed Raoul. "I left my vessel here, where I have told you, and had I made a certain signal, the last night, from the heights of St. Agata, le Feu-Follet would have stood in, near to the rocks of the Sirens, and taken me off again. As the hour is passed, and the signal is not likely to be made, it is probable my lieutenant has gone to another rendezvous, of which the witness knows nothing, and which, certainly, I shall never betray."

There was so much manliness and quiet dignity in Raoul's deportment, that, whatever he said made an impression. His answer disposed of the matter, for the moment at least. The Judge Advocate, accordingly, turned to other inquiries. Little remained, however, to be done. The prisoner had admitted his identity; his capture, with all the attendant circumstances, were in proof, and his defence came next.

When Raoul rose to speak, he felt a choking emotion; but it soon left him, and he commenced in a steady, calm tone, his accent giving point and interest to many of his expressions.

Messieurs," said he, "I will not deny my name, my character, or my manner of life. I am a Frenchman, and the enemy of your country. I am, also, the enemy of the King of Naples, in whose territories you found me. I have destroyed his and your ships. Put me on board my lugger, and I should do both again. Whoever is the enemy of la France, is the enemy of Raoul Yvard. Honourable seamen, like yourselves, Messieurs, can understand this. I am young. My heart is not made of rock; evil as it may be, it can love beauty, and modesty, and virtue, in the other sex. Such has been my fate-I love Ghita Caraccioli ; have endeavoured to make her my wife for more than a

year.

She has not authorized me to say that my suit was favoured-this I must acknowledge; but she is not the less admirable for that. We differ in our opinions of religion, and I fear she left Monte Argantaro, because, refusing my hand, she thought it better, perhaps, that we should not meet again. It is so with maidens, as you must know, Messieurs. But it is not usual for us, who are less refined, to submit to such self-denial. I learned whither Ghita had come, and followed; my heart was a magnet, that her beauty drew after it, as our needles are drawn towards the pole. It was necessary to go into the Bay of Naples, among the vessels of enemies, to find her I loved; and this is a very different thing, from engaging in the pitiful attempts of a spy. Which of you would not have done the same, Messieurs? You are braves Anglais, and I know you would not hesitate. Two of you are still youthful, like myself, and must still feel the power of beauty; even the Monsieur that is no longer a young man, has had his moments of passion, like all that are born of woman. Messieurs, I have no more to say: you know the rest. If you condemn me, let it be as an unfortunate Frenchman, whose heart had its weaknesses-not as an ignominious and treacherous spy."

The earnestness and nature with which Raoul spoke, were not without effect. Could Sir Frederick have had his way, the prisoner would have been acquitted on the spot. But, Lyon was sceptical, as to the story of love, a sentiment about which he knew very little; and there was a spirit of opposition in him, too, that generally induced him to take the converse of most propositions that were started. The prisoner was dismissed, and the court closed its doors, to make up its decision, by itself, in the usual form.

We should do injustice to Cuffe, if we did not say that he had some feeling in favour of the gallant foe, who had so often foiled him. Could he have had his will at that moment, he would have given Raoul his lugger, allowed the latter a sufficient start, and then gladly have commenced a chase round the Mediterranean, to settle all questions between them. But it was too much to give up the lugger, as well as the prisoner. Then his oath, as a judge, had its obligations also, and he felt himself bound to yield to the ar

guments of the Judge Advocate, who was a man of techni calities, and thought no more of sentiment than Lyon, himself.

The result of the deliberation, which lasted an hour, was a finding against the prisoner. The court was opened, the record made up and read, the offender introduced, and the judgment delivered. The finding was "that Raoul Yvard had been caught in disguise, in the midst of the allied fleets, and that he was guilty as a spy." The sentence was to suffer death the succeeding day, by hanging at the yardarm of such ship, as the commander-in-chief might select, on approving of the sentence.

As Raoul expected little else, he heard his doom with steadiness, bowing with dignity and courtesy to the court, as he was led away, to be placed in irons, as befitted one condemned.

CHAPTER XIX.

"The world's all title-page; there's no contents;
The world's all face; the man who shows his heart
Is hooted for his nudities, and scorned."

Night Thoughts.

BOLT had not been tried. His case had several serious difficulties, and the orders allowed of a discretion. The punishment could scarcely be less than death, and, in addition to the loss of a stout, sinewy man, it involved questions of natural right, that were not always pleasant to be considered. Although the impressment of American seamen into the British ships of war was probably one of the most serious moral, as well as political wrongs, that one independent nation ever received at the hands of another, viewed as a practice of a generation's continuance, it was not wholly without some relieving points. There was a portion of the British marine that disdained to practise it at all; leaving it to the coarser spirits of the profession to discharge a duty