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"Yes, sir," said the clerk, who, at the appearance of Miss Vernon, had given up the matter in despair, but who picked up courage to press farther investigation on finding himself supported from a quarter whence assuredly he expected no backing "Yes, sir, and Dalton saith, That he who is apprehended as a felon shall not be discharged upon any man's discretion, but shall be held either to bail or commitment, paying to the clerk of the peace the usual fees for recognisance or commitment."
Many of my friends, including those actively engaged in the trial on both sides, were strongly of opinion that under the circumstances it was certain I should only be bound over in my own recognisance to come up for judgment when called for.
And they, giving in writing the reason of their refusing bail and fees, were remanded to prison till next Quarter Sessions; but William Woodhouse was again hailed, as he had been before, and William Mason and John Reeve, who not being Friends, but casually taken at that meeting, entered recognisance as the court desired, and so were released till next sessions; before which time Mason died, and Reeve being sick, appeared not, but got himself taken off.
They were advised by the best lawyers in Westminster Hall that no peer could be required to enter into a recognisance in a case of libel; and they should not think themselves justified in relinquishing the privilege of their order. The King was so absurd as to think himself personally affronted because they chose, on a legal question, to be guided by legal advice.
At length, being quite at the end of my money, and seeing no other help for it, I determined to listen to clerks no more, but force my way up to the Justices, and insist upon being heard by them, or discharged from my recognisance. For so they had termed the bond or deed which I had been forced to execute, in the presence of a chief clerk or notary, the very day after I came to London.
So they apprehended him and carried him before the justice: I remember it was Justice Willoughby, of Noyle, a very worthy good gentleman; and he committed him to prison, and bound Frank in a recognisance, I think they call it a hard word compounded of re and cognosco; but it differs in its meaning from the use of the simple, as many other compounds do.
Even despite this he made us first-class misdemeanants. Then, as Mr. Bradlaugh stated that we should move for a writ of error, he liberated us on Mr. Bradlaugh's recognisance for £100, the queerest comment on his view of the case and of our characters, since we were liable jointly to £1,400 under the sentence, to say nothing of the imprisonment.
Indeed, they had quite another story to tell. But the sergeant acted on his own judgment. He locked up Mershone, refusing bail. He suspended the policeman and the driver, pending investigation. Then he released Arthur Weldon on his own recognisance, the young man promising to call and testify when required. The house detective and Arthur started back to the Waldorf together.
The witnesses, too, on receipt of such a sum as the Governor shall think it reasonable for them to expend, are to enter into recognisance to appear at the trial. This is, in other words, taxing them to the amount of their recognisance; and that amount may be whatever a Governor pleases.
"Yes, sir," said the clerk, who, at the appearance of Miss Vernon, had given up the matter in despair, but who picked up courage to press farther investigation on finding himself supported from a quarter whence assuredly he expected no backing "Yes, sir, and Dalton saith, That he who is apprehended as a felon shall not be discharged upon any man's discretion, but shall be held either to bail or commitment, paying to the clerk of the peace the usual fees for recognisance or commitment."
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