After the usual compliments, Davenport made known his business. “A scandal,” he said, “had been occasioned by the conduct of Holden, and a great injury inflicted on the cause of religion. It was for that reason,” he intimated, “and not from any private feeling he wanted him brought to justice. Some people think him a little touched,” he said, “though I don’t believe it, and if it was only my own case I should overlook his insults, for it is the part of a Christian to suffer wrong without complaining, but there’s others to be thought of, and I’d sooner cut off my right hand than not do my duty. So, squire,” he concluded, “we must see if we can’t learn him reason, and stop his disturbing the worship of God.”
“There is no difficulty about that, Squire Davenport,” said Ketchum, who was acquainted with the particulars of the occurrence of the night previous, before the arrival of his client, having heard them discussed over breakfast at his boarding-house. “You have the plainest case in the world. We’ll soon put him through a course of sprouts.”
“How do you think we had better proceed?” said Davenport.
“Why,” replied the other, opening the Statute Book, “you have at least two causes of action; you can bring a civil action for the slander, and also proceed against him on the part of the State for the interruption of the meeting.”
“I don’t care about suing him on my own account,” said the client, who, perhaps, not reposing unlimited confidence in the young man’s knowledge of law, and doubting the success of a civil action, had visions of possible costs he might be obliged to pay floating before his imagination. Besides, Davenport was a shrewd fellow who had been “in the law” before; and experience taught him how to make allowance for the natural anxiety of a new practitioner to obtain business. “No, I have no feeling about it myself,” said Davenport, “and it is my opinion we had better take him on the part of the State.”
“It is just as well,” said the attorney; “one suit will not interfere with the other. We can first proceed against him criminally, and afterwards bring an action for damages.”
“Well, well,” said Davenport, “now about the prosecution.”
“Then,” said Ketchum, opening the Statute Book at the title “Meetings,” after first running though the index; “we can take him under the Act on the 492d page, entitled, ’An Act for preserving due order in town meetings, society meetings, and in the meetings of other communities, and for preventing tumults therein,’” and he read the act aloud.
“I don’t exactly like that,” observed Davenport, “The fine, in the first place, is only eighty-four cents, except the case is aggravated, when it is a binding over, and then the County Court cannot go over thirty-four dollars fine. There’s no imprisonment and Tom Pownal or Armstrong would go bail, and pay the fine too, if it comes to that; so there would be nothing gained by the operation.”