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.

“Let a young woman who is known by the name of Ghita be brought in next,” said the Judge Advocate, consulting his notes.

Raoul started, and a shade of manly concern passed over his face; but he soon recovered and seemed unmoved.  Ghita and her uncle had been taken from the cabin stateroom, and placed below, in order that the private consultation might be perfectly secret, and it was necessary to wait a few minutes until she could be summoned.  These past, the door opened, and the girl entered the room.  She cast a glance of tender concern at Raoul; but the novelty of her situation, and the awful character of an oath to one of her sensitive conscience and utter inexperience, soon drew her attention