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"Spot measuring twelve feet nine inches or thereabouts from where I " Still careful not to outrun the clerk's penmanship Stubberd pulled up again; for having got his evidence by heart it was immaterial to him whereabouts he broke off. "I object to that," spoke up the old woman, "'spot measuring twelve feet nine or thereabouts from where I, is not sound testimony!"
The landlady looked mildly at the invaders, saying in honest accents, "Good evening, gentlemen; there's plenty of room. I hope there's nothing amiss?" They looked round the room. "Surely," said Stubberd to one of the men, "I saw you by now in Corn Street Mr. Grower spoke to 'ee?" The man, who was Charl, shook his head absently.
His first move was to search hither and thither for the constables, there were two in the town, shrivelled men whom he ultimately found in hiding up an alley yet more shrivelled than usual, having some not ungrounded fears that they might be roughly handled if seen. "What can we two poor lammigers do against such a multitude!" expostulated Stubberd, in answer to Mr. Grower's chiding.
"Well, and what has she been doing?" he said, looking down at the charge sheet. "She is charged, sir, with the offence of disorderly female and nuisance," whispered Stubberd. "Where did she do that?" said the other magistrate. "By the church, sir, of all the horrible places in the world! I caught her in the act, your worship."
The constable waited, with his eyes on the clerk's pen, till the latter stopped scratching and said, "yes." Stubberd continued: "When I had proceeded to the spot I saw defendant at another spot, namely, the gutter." He paused, watching the point of the clerk's pen again. "Gutter, yes, Stubberd."
However, when Stubberd had rambled on a little further Henchard broke out impatiently, "Come we don't want to hear any more of them cust dees and bees! Say the words out like a man, and don't be so modest, Stubberd; or else leave it alone!" Turning to the woman, "Now then, have you any questions to ask him, or anything to say?"
The magistrates consulted, and the second one said that the bench was of opinion that twelve feet nine inches from a man on his oath was admissible. Stubberd, with a suppressed gaze of victorious rectitude at the old woman, continued: "Was standing myself. She was wambling about quite dangerous to the thoroughfare and when I approached to draw near she committed the nuisance, and insulted me."
"I was not capable enough to hear what I said, and what is said out of my hearing is not evidence." There was another stoppage for consultation, a book was referred to, and finally Stubberd was allowed to go on again. The truth was that the old woman had appeared in court so many more times than the magistrates themselves, that they were obliged to keep a sharp look-out upon their procedure.
This disappointed him, for he had been sufficiently disturbed by what the man had said to wish to speak to her more closely. While pausing the old constable came up. "Just see that nobody drives against that hay and waggon to-night, Stubberd," said the corn-merchant. "It must bide till the morning, for all hands are in the field still.
"Stand back then," said Henchard, "and let's hear what you've got to say." Stubberd was sworn in, the magistrate's clerk dipped his pen, Henchard being no note-taker himself, and the constable began "Hearing a' illegal noise I went down the street at twenty-five minutes past eleven P.M. on the night of the fifth instinct, Hannah Dominy. When I had "Don't go so fast, Stubberd," said the clerk.
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