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Scott, Walter, Sir, 1771-1832

"The Heart of Mid-Lothian, Volume 1"

Let me alane
for whilly-whaing an advocate:--it's nae sin to get as muckle flue them
for our siller as we can--after a', it's but the wind o' their mouth--it
costs them naething; whereas, in my wretched occupation of a saddler,
horse milliner, and harness maker, we are out unconscionable sums just
for barkened hides and leather."
"Can I be of no use?" said Butler. "My means, alas! are only worth the
black coat I wear; but I am young--I owe much to the family--Can I do
nothing?"
"Ye can help to collect evidence, sir," said Saddletree; "if we could but
find ony ane to say she had gien the least hint o' her condition, she wad
be brought aft wi' a wat finger--Mr. Crossmyloof tell'd me sae. The
crown, says he, canna be craved to prove a positive--was't a positive or
a negative they couldna be ca'd to prove?--it was the tane or the tither
o' them, I am sure, and it maksna muckle matter whilk. Wherefore, says
he, the libel maun be redargued by the panel proving her defences. And it
canna be done otherwise."
"But the fact, sir," argued Butler, "the fact that this poor girl has
borne a child; surely the crown lawyers must prove that?" said Butler.
Saddletree paused a moment, while the visage of Dumbiedikes, which
traversed, as if it had been placed on a pivot, from the one spokesman to
the other, assumed a more blithe expression.


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