We are supposed to be protecting the public, but between you and me none of the public have ever yet asked to be protected. There are no complaints. Therefore it is left to us to uphold the law as best we can. As long as it is there we have got to enforce it. Well, good-bye, girls! Let me have the report by four o'clock.
Nothing for it, I suppose? said the elder woman, with a smile.
You wait, my dear. If we get twenty-five pounds fine it has got to go somewhere Police Fund, of course, but there may be something over. Anyhow, you go and cough it up and then we shall see.
Next morning a scared maid broke into Linden's modest study. Please sir, it's an officer.
The man in blue followed hard at her heels.
Name of Linden? said he, and handing a folded sheet of foolscap he departed.
The stricken couple who spent their lives in bringing comfort to others were sadly in need of comfort themselves. She put her arm round his neck while they read the cheerless document:
To THOMAS LINDEN of 40, Tullis Street, N.W.
Information has been laid this day by Patrick Murphy, Inspector Of Police, that you the said Thomas Linden on the 10th day of November at the above dwelling did profess to Henrietta Dresser and to Amy Bellinger to tell fortunes to deceive and impose on certain of His Majesty's subjects, to wit those above mentioned. You are therefore summoned to appear before the Magistrate of the Police Court in Bardsley Square on Wednesday next, the 17th, at the hour of 11 in the forenoon to answer to the said information.
Dated the 10th day of November.
(signed) B.J.WITHERS.
On the same afternoon Mailey called upon Malone and they sat in consultation over this document. Then they went together to see Summerway Jones, an acute solicitor and an earnest student of psychic affairs. Incidentally, he was a hard rider to hounds, a good boxer, and a man who carried a fresh-air flavour into the mustiest law chambers. He arched his eyebrows over the summons.
The poor devil has not an earthly! said he. He's lucky to have a summons. Usually they act on a warrant. Then the man is carted right off, kept in the cells all night, and tried next morning with no one to defend him. The police are cute enough, of course, to choose either a Roman Catholic or a materialist as the magistrate. Then, by the beautiful judgment of Chief Justice Lawrence the first judgment, I believe, that he delivered in that high capacity the profession of mediumship or wonder-working is in itself a legal crime, whether it be genuine or no, so that no defence founded upon good results has a look in. It's a mixture of religious persecution and police blackmail. As to the public, they don't care a damn! Why should they? If they don't want their fortune told, they don't go. The whole thing is the most absolute bilge and a disgrace to our legislature.
I'll write it up, said Malone, glowing with Celtic fire.
What do you call the Act?
Well, there are two Acts, each more putrid than the other, and both passed long before Spiritualism was ever heard of. There is the Witchcraft Act dating from George the Second. That has become too absurd, so they only use it as a second string. Then there is the Vagrancy Act of 1824. It was passed to control the wandering gipsy folk on the roadside, and was never intended, of course, to be used like this. He hunted among his papers. Here is the beastly thing. 'Every person professing to tell fortunes or using any subtle craft, means or device to deceive and impose on any of His Majesty's subjects shall be deemed a rogue and a vagabond', and so on and so forth. The two Acts together would have roped in the whole Early Christian movement just as surely as the Roman persecution did.
Lucky there are no lions now, said Malone.
Jackasses! said Mailey. That's the modern substitute. But what are we to do?
I'm damned if I know! said the solicitor, scratching his head. It's perfectly hopeless!
Oh, dash it all! cried Malone, we can't give it up so easily. We know the man is an honest man.
Mailey turned and grasped Malone's hand.
I don't know if you call yourself a Spiritualist yet, he said, but you are the kind of chap we want. There are too many white-livered folk in our movement who fawn on a medium when all is well, and desert him at the first breath of an accusation But, thank God! there are a few stalwarts. There is Brookes and Rodwin and Sir James Smith. We can put up a hundred or two among us.
Right-o! said the solicitor, cheerily. If you feel like that we will give you a run for your money.
How about a K.C.?
Well, they don't plead in police courts. If you'll leave it in my hands I fancy I can do as well as anyone, for I've had a lot of these cases. It will keep the costs down, too.
Well, we are with you. And we will have a few good men at our back.
If we do nothing else we shall ventilate it, said Malone.
I believe in the good old British public. Slow and stupid, but sound at the core. They will not stand for injustice if you can get the truth into their heads.
They damned well need trepanning before you can get it there, said the solicitor. Well, you do your bit and I'll do mine and we will see what comes of it.
The fateful morning arrived and Linden found himself in the dock facing a spruce, middle-aged man with rat-trap jaws, Mr. Melrose, the redoubtable police magistrate. Mr. Melrose had a reputation for severity with fortune-tellers and all who foretold the future, though he spent the intervals in his court by reading up the sporting prophets, for he was an ardent follower of the Turf, and his trim, fawn-coloured coat and rakish hat were familiar objects at every race meeting which was within his reach. He was in no particularly good humour this morning as he glanced at the charge-sheet and then surveyed the prisoner. Mrs. Linden had secured a position below the dock, and occasionally extended her hand to pat that of the prisoner which rested on the edge. The court was crowded and many of the prisoner's clients had attended to show their sympathy.
Is this case defended? asked Mr. Melrose.
Yes, your worship, said Summerway Jones. May I, before it opens, make an objection?
If you think it worth while, Mr. Jones.
I beg to respectfully request your ruling before the case is proceeded with. My client is not a vagrant, but a respectable member of the community, living in his own house, paying rates and taxes, and on the same footing as every other citizen. He is now prosecuted under the fourth section of the Vagrancy Act of 1824, which is styled, 'An Act for punishing idle and disorderly persons, and rogues and vagabonds'. The Act was intended, as the words imply, to restrain lawless gipsies and others, who at that time infested the country. I ask your worship to rule that my client is clearly not a person within the purview of this Act or liable to its penalties.
The magistrate shook his head.
I fear, Mr. Jones, that there have been too many precedents for the Act to be now interpreted in this limited fashion. I will ask the solicitor prosecuting on behalf of the Commissioner of Police to put forward his evidence. A little bull of a man with side-whiskers and a raucous voice sprang to his feet.
I call Henrietta Dresser.
The elder policewoman popped up in the box with the alacrity of one who is used to it. She held an open notebook in her hand.
You are a policewoman, are you not?
Yes, sir.
I understand that you watched the prisoner's home the day before you called on him?
Yes, sir.
How many people went in?
Fourteen, sir.
Fourteen people. And I believe the prisoner's average fee is ten and sixpence.
Yes.
Seven pounds in one day! Pretty good wages when many an honest man is content with five shillings.
These were the tradespeople! cried Linden.
I must ask you not to interrupt. You are already very efficiently represented said the magistrate severely.