"I decline answering that question, too."
"Do you know anything of such a person as Raoul Yvard?"
"What if I do?--I'm a native American, and have a right to form acquaintances in foreign lands if I see it's to my interest, or it's agreeable to my feelin's."
"Have you never served on board His Majesty's ships?"
"What majesty?--There's no majesty in Ameriky, as I know, but the majesty of heaven."
"Remember that your answers are all recorded, and may tell against you on some other occasion."
"Not lawfully; a witness can't be made to give answers that tell ag'in himself."
"Certainly not _made_ to do it; still he may _do_ it of his own accord."
"Then it's the duty of the court to put him on his guard. I've heerd that ag'in and ag'in in Ameriky."
"Did you ever see a vessel called le Feu-Follet?"
"How in natur' is a mariner to tell all the vessels he may happen to see on the wide ocean!"
"Did you ever serve under the French flag?"
"I decline entering at all into my private affairs. Being free, I'm free to sarve where I please."
"It is useless to ask this witness any further questions," Cuffe quietly observed. "The man is well known in this ship, and his own trial will most probably take place as soon as this is ended."
The Judge Advocate assented, and Ithuel was permitted to withdraw, his contumacy being treated with the indifference that power is apt to exhibit toward weakness. Still there was no legal proof on which to convict the prisoner. No one doubted his guilt, and there were the strongest reasons, short of a downright certainty, for supposing that he commanded the lugger which had so recently fought the boats of the very ship in which the court was sitting; but notwithstanding, supposition was not the evidence the laws required; and the recent execution of Caraccioli had made so much conversation that few would condemn without seeing their justification before them. Things were really getting to be seriously awkward, and the court was again cleared for the purpose of consultation. In the private discourse that followed, Cuffe stated all that had occurred, the manner in which Raoul had been identified, and the probabilities--nay, moral certainties--of the case. At the same time, he was forced to allow that he possessed no direct evidence that the lugger he had chased was a Frenchman at all, and least of all le Feu-Follet. It is true, she had worn the French flag, but she had also worn the English, and the Proserpine had done the same thing. To be sure, the lugger had _fought_ under the _drapeau tricolor_, which might be taken as a strong circumstance against her; but it was not absolutely conclusive, for the circumstances might possibly justify deception to the last moment; and he admitted that the frigate herself had _appeared_ to fire at the batteries under the same ensign. The case was allowed to be embarrassing; and, while no one really doubted the identity of Raoul, those who were behind the curtains greatly feared they might be compelled to adjourn the trial for want of evidence, instead of making an immediate sentence the means of getting possession of the lugger, as had been hoped. When all these points had been sufficiently discussed, and Cuffe had let his brethren into his view of the real state of the case, he pointed out a course that he still trusted would prove effectual. After a few minutes of further deliberation on this information, the doors were opened and the court resumed its public sitting, as before.