CHAPTER XXIII.

_Mr. Pagebrook Takes a Lesson in the Law._

As Robert was unable to give bail without calling upon his friend Dudley, which he determined not to do in any case, he was taken to the jail and locked up. Upon his arrival there he employed a messenger to carry a note to a young lawyer with whom he happened to be slightly acquainted, asking him to come to the jail at once. When he arrived Robert said to him:

"Let me tell you in the outset, Mr. Dyker, that I have no money and no friends; wherefore if you allow me to consult you at all, it must be with the understanding that I cannot possibly pay you for your services until I can make the money. If you are willing to trust me to that extent, we can proceed to business."

"You are very honorable, sir, to inform me, beforehand, of this fact. Pray go on. I will do what I can for you."

"In the first place, then," said Robert, "I am a little puzzled to know how or why I am locked up. You have the papers, will you tell me how it is?"

"O it's plain enough. You are held under an order of arrest."

"But I don't understand. I thought imprisonment for debt was a thing of the past, in this country at least, and my only offense is indebtedness. Is it possible that men may still be imprisoned for debt in America?"

"Well, that is about it," said the lawyer. "We have abolished the name but retain the thing in a slightly modified form--in New York at least. Theoretically you are not imprisoned, but merely held to answer. The plaintiffs have made out a case of fraud and non-residence, and so they had plain sailing."

"But I always understood that our constitution or our law or something else secured every man against imprisonment except by due process of law, and gave to every accused person the right to be confronted with his accusers, to cross-examine witnesses, and to have his guilt or innocence passed upon by a jury of his countrymen."

"That is the theory; but there are some classes of cases which are practically exceptions, and yours is one of them."

"Then," said Robert, "it is true, is it, that an American may be arrested and sent to jail without trial, upon the mere strength of affidavits made by lawyers who know nothing of the facts except what they have heard from distant, irresponsible, and personally interested clients--affidavits upon information, I believe you call them?"

"Well, you put it a little strongly, perhaps, but those are the facts in New York. Respectable lawyers, however, are careful to satisfy themselves of the facts before proceeding at all in such cases; and so the law, which is a very convenient one, rarely ever works injustice, I think--not once in twenty times, I should say."

"But," said Robert, "the personal liberty of every non-resident and some resident debtors is, or in some cases may be, dependent solely upon the character of attorneys, as I understand you."

"In some cases, yes. But pardon me. Had we not better come to the matter in hand?"

"As we are not a legislature perhaps it would be better," said Robert. He then proceeded to relate the facts of the case, beginning with his drawing of the draft in good faith, its protest, and his consequent perplexity.

"I did not 'abscond' at all," he continued, "but came away to see if I could save something from the wreck of the bank, and to seek work. In leaving, I promised to pay the debt on or before the fifteenth of last month, feeling certain that I could do so. I failed to do it, through----never mind, I failed to do it, but I have been trying hard ever since to get the money and discharge the obligation. I yesterday remitted a hundred dollars, and should have sent the rest as fast as I could make it. These are the facts. Now how am I to get out of here?"

"You have nobody to go your bail?"

"Nobody."

"And no money?"

"None. I sold my watch in order to get money on which to live while I was looking for work."

"You did have money enough to your credit in that bank to have made your draft good if the bank hadn't suspended?"

"Yes."

"You can swear to that?"

"Certainly."

"Then I think we can manage this matter without much difficulty. We can admit the facts but deny the fraudulent intent, in affidavits of our own, and get discharged on that ground. I think we can easily overthrow the theory of fraud by showing that you actually had the money in bank and swearing that you drew against it in good faith."

"Pardon me; but in doing that I should be bound, should I not, in honor if not in law, to state all the facts of the case in my affidavit? The theory of the proceeding is that I am putting the court in possession of all the facts and withholding nothing, is it not?"

"Well--yes. I suppose it is."

"Then let us abandon that plan forthwith."

"But my dear sir----"

"Pray don't argue the point. My mind is fully made up. Is there no other mode of securing my release?"

"Yes; you might schedule out under article 5 of the Non-Imprisonment Act, I think."

"How is that?"

"It is a sort of insolvency or bankruptcy proceeding, by which you come into court--any court of record--and offer to give up everything you have to your creditors, giving a sworn catalogue of all your debts and all your property, and praying release on the ground that you are unable to do more."

"Well, as I have literally nothing in the way of property just now, that mode of procedure seems to fit my case precisely," said Robert, whose courage and good humor and indomitable cheerfulness stood him in good stead in this time of very sore trial. The world looked gloomy enough to him then in whatever way he chose to look at it, but the instinct of fight was large within him, and in the absence of other joys he felt a savage pleasure in knowing that his life henceforth must be a constant struggle against fearful odds--odds of prejudice as well as of poverty; for who could now take him by the hand and say to others this is my friend?

"It's too late to accomplish anything to-day, Mr. Pagebrook," said the lawyer, looking at his watch; "but I will be here by ten o'clock to-morrow morning, and we will then go to work for your deliverance, which we can effect, I think, pretty quick. Good evening, sir."