He was standing in the ditch leaning heavily upon the long handle of his axe. It was a straight stick of ash, roughly shaved down to some sort of semblance of smoothness, such as would have worked up an unpractised hand into a mass of blisters in ten minutes' usage, but which glided easily through those horny palms, leaving no mark of friction. The continuous outdoor labour, the beating of innumerable storms, and the hard, coarse fare, had dried up all the original moisture of the hand, till it was rough, firm, and cracked or chapped like a piece of wood exposed to the sun and weather. The natural oil of the skin, which gives to the hand its beautiful suppleness and delicate sense of touch, was gone like the sap in the tree he was felling, for it was early in the winter. However the brow might perspire, there was no dampness on the hand, and the helve of the axe was scarcely harder and drier. In order, therefore, that the grasp might be firm, it was necessary to artificially wet the palms, and hence that custom which so often disgusts lookers-on, of spitting on the hands before commencing work. This apparently gratuitous piece of dirtiness is in reality absolutely necessary. Men with hands in this state have hardly any feeling in them; they find it difficult to pick up anything small, as a pin—the fingers fumble over it; and as for a pen, they hold it like a hammer. His chest was open to the north wind, which whistled through the bare branches of the tall elm overhead as if they were the cordage of a ship, and came in sudden blasts through the gaps in the hedge, blowing his shirt back, and exposing the immense breadth of bone, and rough dark skin tanned to a brown-red by the summer sun while mowing. The neck rose from it short and thick like that of a bull, and the head was round, and covered with a crop of short grizzled hair not yet quite grey, but fast losing its original chestnut colour. The features were fairly regular, but coarse, and the nose flattened. An almost worn-out old hat thrown back on the head showed a low, broad, wrinkled forehead. The eyes were small and bleared, set deep under shaggy eyebrows. The corduroy trousers, yellow with clay and sand, were shortened below the knee by leather straps like garters, so as to exhibit the whole of the clumsy boots, with soles like planks, and shod with iron at heel and tip. These boots weigh seven pounds the pair; and in wet weather, with clay and dirt clinging to them, must reach nearly double that.

In spite of all the magnificent muscular development which this man possessed, there was nothing of the Hercules about him. The grace of strength was wanting, the curved lines were lacking; all was gaunt, angular, and square. The chest was broad enough, but flat, a framework of bones hidden by a rough hairy skin; the breasts did not swell up like the rounded prominences of the antique statue. The neck, strong enough as it was to bear the weight of a sack of corn with ease, was too short, and too much a part, as it were, of the shoulders. It did not rise up like a tower, distinct in itself; and the muscles on it, as they moved, produced hollow cavities distressing to the eye. It was strength without beauty; a mechanical kind of power, like that of an engine, working through straight lines and sharp angles. There was too much of the machine, and too little of the animal; the lithe, easy motion of the lion or the tiger was not there. The impression conveyed was, that such strength had been gained through a course of incessant exertion of the rudest kind, unassisted by generous food and checked by unnatural exposure.

John Smith heaved up his axe and struck at the great bulging roots of the elm, from which he had cleared away the earth with his spade. A heavy chip flew out with a dull thud on the sward. The straight handle of the axe increased the labour of the work, for in this curiously conservative country the American improvement of the double curved handle has not yet been adopted. Chip after chip fell in the ditch, or went spinning out into the field. The axe rose and fell with a slow, monotonous motion. Though there was immense strength in every blow, there was no vigour in it. Suddenly, while it was swinging in the air overhead, there came the faint, low echo of a distant railway whistle, and the axe was dropped at once, without even completing the blow. "That's the express," he muttered, and began cleaning the dirt from his shoes. The daily whistle of the express was the signal for luncheon. Hastily throwing on a slop hung on the bushes, and over that a coat, he picked up a small bag, and walked slowly off down the side of the hedge to where the highway road went by. Here he sat down, somewhat sheltered by a hawthorn bush, in the ditch, facing the road, and drew out his bread and cheese.

About a quarter of a loaf of bread, or nearly, and one slice of cheese was this full-grown and powerful man's dinner that cold, raw winter's day. His drink was a pint of cold weak tea, kept in a tin can, for these men are moderate enough with liquor at their meals, whatever they may be at other times. He held the bread in his left hand and the cheese was placed on it, and kept in its place by the thumb, the grimy dirt on which was shielded by a small piece of bread beneath it from the precious cheese. His plate and dish was his broad palm, his only implement a great jack-knife with a buck-horn handle. He ate slowly, thoughtfully, deliberately; weighing each mouthful, chewing the cud as it were. All the man's motions were heavy and slow, deadened as if clogged with a great load. There was no "life" in him. What little animation there was left had taken him to eat his dinner by the roadside—the instinct of sociality—that if possible he might exchange a word with some one passing. In factories men work in gangs, and hundreds are often within call of each other; a rough joke or an occasional question can be put and answered; there is a certain amount of sympathy, a sensation of company and companionship. But alone in the fields, the human instinct of friendship is checked, the man is driven back upon himself and his own narrow range of thought, till the mind and heart grow dull, and there only remains such a vague ill-defined want as carried John Smith to the roadside that day.

He had finished his cheese and lit a short clay pipe, and thrust his hands deep in his pockets, when there was a rustling noise in the hedge a little farther down, and a short man jumped out into the road—even jumping with his hands in his pockets. He saw Smith directly and came towards him, and sat himself on a heap of flints used for mending the road.

"What's thee at to-day?" asked John, after a pause.

"Ditching," said the other laconically, pushing out one foot by way of illustrating the fact. It was covered with black mud far above the ankle, and there were splashes of mud up to his waist—his hands, as he proceeded to light his pipe, were black, too, from the same cause.

"Thee's bin in main deep," said John, after a slow survey of the other's appearance.

The fellow stamped his boot on the ground, and the slime and slush oozed out of it and formed a puddle. "That's pretty stuff to stand in for a man of sixty-four, yent it, John?" With a volubility and energy of speech little to be expected from his wizened appearance, the hedger and ditcher entered into details of his job. He began work at six that morning with stiff legs and swollen feet, and as he stood in the mingled mire and water, the rheumatism came gradually on, rising higher up his limbs from the ankles, and growing sharper with every twinge, while the cold and bitter wind cut through his thin slop on his chest, which was not so strong as it used to be. His arms got stiff with the labour of lifting up shovelful after shovelful of heavy mud to plaster the side of the ditch, his feet turned cold as "flints," and the sickly smell of the slime upset his stomach so that when he tried to eat his bread and cheese he could not. Through this speech John smoked steadily on, till the other stopped and looked at him for sympathy.

"Well, Jim, anyhow," said Smith, "thee hasn't got far to walk to the job;" and he pointed with the stem of his pipe to the low roof of a cottage just visible a few hundred yards distant.

"Ay, and a place it be to live in, that," said Jim. There were only two rooms, he explained, and both downstairs—no upstairs at all—and the first of these was so small he could reach across it, and the thatch had got so thin in one place that the rain came through. The floor was only hard mud, and the garden not big enough to grow a sack of potatoes, while one wall of the house, which was only "wattle and daub" (i.e., lath and plaster), rose up from the very edge of a great stagnant pond. Overhead there was an elm, from the branches of which in wet weather there was a perpetual drip, drip on the thatch, till the moss and grass grew on the roof in profusion. All the sewage and drainage from the cottage ran into the pond, over which at night there was almost always a thick damp mist, which crept in through the crevices of the rotten walls, and froze the blood in the sleepers' veins. Sometimes a flood came down, and the pond rose and washed away the cabbages from the garden, leaving a deposit of gritty sand which killed all vegetation, and they could only keep the water from coming indoors by making a small dam of clay across the doorway. There was only a low hedge of elder between the cottage and a dirty lane; and in the night, especially if there happened to be a light burning, it was common enough for a stone to come through the window, flung by some half-drunken ploughboy. A pretty place for a human being to live in: and again he looked up into Smith's face for comment.

"Thee built 'un thee-self, didn't 'ee?" said John, in his slow way.

"Ay, that I did," continued Jim, not seeing the drift of the remark. He not only built it, but he brought up nineteen children in it, and fourteen of them lived to grow up, all the offspring of one wife. And a time she had of it, too. None of them ever fell in that pond, though he often wished they would; and they were all pretty healthy, which was a bad thing, because it made them hungry, and if they had been ill the parish would have kept them. All that he had done on 12s. a week, and he minded the time when it was only 9s., ay, and even when it was 6s., and 'twas better then than it was now with 15s. That was before the Unions came about, in the time of the old workhouses in every parish. Then the farmers used to find everybody a job. Every morning they had to go round from one farmer to the other, and if there was no work then they went to the workhouse, or sometimes to the vestry-room in the church, where every man had a loaf of bread for every head there was in his family, so that the more children he had the more loaves of bread, which was a capital thing when the children were small. He had known a man in those times sent seven miles with a wheelbarrow to fetch a barrow load of coal from the canal wharf, and then have to wheel it back seven miles, and get one shilling for his day's work. Still they were better times than these, because the farmers for their own sake were forced to find the fellows something to do; but now they did not care, and it was a hard thing to find work, especially when a man grew old, and stiff about the joints. Now the Boards of Guardians would not give any relief unless the applicants were ill, or not able-bodied, and even then they were often required to break stones, and he was very much inclined to throw his spade in that old pond and go to the Union with the "missis" and all the lot for good. He had the rheumatism bad enough. It would serve them right. He had worked "nigh handy" sixty years; and all he had got by it he could put in his eye. They ought to keep him now. It was not half so good as the old times for all the talk; then the children could bring home a bit of wood out of the hedges to boil the pot with, but now they must not touch a stick, or there was the law on them in a minute. And then coal at the price it was. Why didn't his sons keep him? Where were they? One was a soldier, and another had gone to America, and the third was married and had a hard job to keep himself, and the fourth was gone nobody knew where. As for the wenches, they were no good in that way. So he and his "missis" muddled on at home with three of the youngest. And they could not let them alone even in that. He did go into the Union workhouse for a bit, a while ago, when the rheumatism was extraordinary bad, but some of the guardians smelt out that he had a cottage of his own, and it was against the law to relieve anybody that had property; so he must pay back the relief as a loan or sell the cottage. He was offered £25 for the place and garden, and he meant to have taken it, but when they came to look into the writings it was not clear that he could sell it. It was quit-rent land, and although the landlord had not taken the rent for twenty years, yet he had entered it in his book as paid (out of good nature), and the lawyers said it could not be done. But as they would not let him sell it, he would not turn out, not he. There he would stop—just to spite them. He knew that nook of his was wanted for cattle stalls on the new principle, and very handy it would be with all that water close at hand, but he had worked for sixty years, and had had nineteen children there, and he would not turn out. Not he. The parson's "missis" and the squire's "missis" came the other day about that youngest boy of his. They wanted to get him into some school up in London somewhere, but he remembered how the squire had served him just for picking up a dead rabbit that laid in his path one hard snow time. Six weeks in gaol because he could not pay the fine. And the parson turned him out of his allotment because he saw him stagger a little in the road one night with the rheumatism. It was a lie that he was drunk. And suppose he was? The parson had his wine, he reckoned. They should not have his boy. He rather hoped he would grow up a bad one, and bother them well. He minded when that sharp old Miss —— was always coming round with tracts and blankets, like taking some straw to a lot of pigs, and lecturing his "missis" about economy. What a fuss she made, and scolded his wife as if she was a thief for having that fifteenth boy! His "missis" turned on her at last, and said, "Lor, miss, that's all the pleasure me an' my old man got." As for this talk about the labourers' Unions, it was all very well for the young men; but it made it worse still for the old ones. The farmers, if they had to give such a price, would have young men in full strength: there was no chance at all for an old fellow of sixty-four with rheumatism. Some of them, too, were terribly offended—some of the old sort—and turned off the few pensioners they had kept on at odd jobs for years. However, he supposed he must get back to that ditch again.

This long oration was delivered not without a certain degree of power and effect, showing that the man, whatever his faults, might with training have become rather a clever fellow. The very way in which he contradicted himself, and announced his intention of never doing that which a moment before he was determined on, was not without an amount of oratorical art, since the turn in his view of the subject was led up to by a variety of reasons which were supposed to convince himself and his hearer at the same time. His remarks were all the more effective because there was an evident substratum of stern truth beneath them. But they failed to make much impression on Smith, who saw his companion depart without a word.

The fact was, that Smith was too well acquainted with the private life of the orator. In his dull, dim way, he half recognised that the unfortunate old fellow's evils had been in great part of his own creating. He knew that he was far from faultless. That poaching business—a very venial offence in a labourer's eyes—he knew had been a serious one, a matter of some two-score pheasants and a desperate fight with a gang. Looking at it as property, the squire had been merciful, pleading with the magistrates for a mitigated penalty. The drunkenness was habitual. In short, they were a bad lot—there was a name attached to the whole family for thieving, poaching, drinking, and even worse. Yet still there were two points that did sink deep into Smith's mind, and made him pause several times that afternoon in his work. The first was that long family of nineteen mouths, with the father and mother making twenty-one. What a number of sins, in the rude logic of the struggle for existence, that terrible fact glossed over! Who could blame—what labourer at least could blame—the ragged, ill-clothed children for taking the dead wood from the hedges to warm their naked limbs? What labourer could blame the father for taking the hares and rabbits running across his very path to fill that wretched hovel with savoury steam from the pot? And further, what labourer could blame the miserable old man for drowning his feelings, and his sensation of cold and hunger, in liquor?

The great evil of these things is that a fellow-feeling will arise with the wrong-doer, till the original distinction between right and wrong is lost sight of entirely. John Smith had a family too. The other point was the sixty years of labour and their fruit. After two generations of hardest toil and rudest exposure, still dependent upon the seasons even to permit him to work, when that work could be obtained. No rest, no cosy fireside nook: still the bitter wind, and the half-frozen slime and slush rising above the ankle. In an undefined way Smith had been proud of his broad, enormous strength, and rocklike hardihood. He had felt a certain rude pleasure in opening his broad chest to the winter wind. But now he involuntarily closed his shirt and buttoned it. He did not feel so confident in his own power of meeting all the contingencies of the future.

Thought without method and without logical sequence is apt to press heavily upon the uneducated mind. It was thus that these reflections left a sensation of weight and discomfort upon Smith, and it was in a worse humour than was common to his usually well-balanced organisation that he hid away his tools under the bushes as the evening grew too dark for work, and slowly paced homewards. He had some two miles to walk, and he had long since begun to feel hungry. Plodding along in a heavy, uneven gait, there overtook him a tall, raw young lad of eighteen or twenty, slouching forward with vast strides and whistling merrily. The lad slackened his steps and joined company!

"Where bist thee working now, then?" asked Smith.

He replied, evidently in high spirits, that he had that day got a job at the new railway that was making. The wages were 18s. a week—3s. a day—and he had heard that as soon as the men grew to understand their work and to be a little skilful, they could get 24s. easily, up by London. The only drawback was the long walk to the work. Lodgings close at hand were very dear, as also was food, so dear as to lower the actual receipts to an equality, if not below that of the agricultural labourer. Four miles every morning and every night was the price he paid for 18s. a week.

Smith began in his slow, dull way to reckon up his wages aloud against this. First he had 13s. a week for his daily work. Then he had 1s. extra for milking on Sundays, and two good meals with beer on that day. Every week-day he had a pint of beer on finishing work. The young navvy had to find his own liquor. His cottage, it was true, was his own (that is, he only paid a low quit-rent of 1s. a year for it), so that that could not be reckoned in as part of his earnings, as it could with many other men. But the navvy's wages were the same all the year round, while his in summer were often nearly double. As a stalwart mower he could earn 25s. a week and more, as a haymaker 18s., and at harvesting perhaps 30s. If the season was good, and there was a press for hands, he would get more. But, looking forward, there was no prospect of rising higher in his trade, of getting higher wages for more skilful work. He could not be more skilful than he was in ordinary farm work; and as yet the call for clever men to attend to machinery, &c., was very limited; nor were such a class of workmen usually drawn from the resident population where improvements were introduced. The only hope of higher wages that was held out to him was from the gradual rise of everything, or the forced rise consequent upon agitation. But, said he, the navvy must follow his work from place to place, and lodgings are dear in the towns, and the farmers in country places will not let their cottages except to their own labourers—how was the navvy even with higher wages to keep a wife? The aspiring young fellow beside him replied at once sharply and decisively, that he did not mean to have a wife, leastways not till he had got his regular 30s. a week, which he might in time. Then John Smith made a noise in his chest like a grunt.

They parted after this. Smith went into the farmhouse, and got his pint of beer, drinking it in one long slow draught, and then made his way through the scattered village to his cottage. There was a frown on his forehead as he lifted the latch of the long low thatched building which was his home.

The flickering light of the fire on the hearth, throwing great shadows as it blazed up and fell, dazed his eyes as he stepped in, and he did not notice a line stretched right across the room on which small articles of clothing were hanging to dry in a row. A damp worsted stocking flapped against his face, and his foot stumbled on the uneven flag stones which formed the floor. He sat down silently upon a three-legged stool—an old milking-stool—and, putting his hands on his knees, stared into the fire. It was formed of a few sticks with just one knob of coal balanced on the top of them, evident care having been taken that not a jot of its precious heat should be lost. A great black pot with open lid swung over it, from which rose a slight steam and a bubbling noise; and this huge, gaunt, bareboned, hungry man, looking into it, saw a large raw swede, just as from the field, with only the greens cut off, simmering for his supper. That root in its day of life had been fed well with superphosphate, and flourished exceedingly, till now its globe could hardly go into the pot. Down the low chimney there came the monotonous growl of the bitter winter wind, and a few spots of rain fell hissing on the embers.

"Is this all thee has got?" he asked, turning to a woman who was busied with some more damp clothes in a basket.

She faced round quickly—a short, narrow, meagre creature, flat-chested and square-shouldered, whose face was the hue of light-coloured clay, an almost corpse-like complexion. Her thin lips hissed out, "Ay, if thee takes thee money to the pothouse thee won't get bacon for supper."

Smith said nothing in reply, but stared again into the fire.

The children's voices, which had lowered the moment there seemed a coming quarrel between their parents, rose again. There were three of them—the youngest four, the eldest seven—playing on the stone flags of the floor, between whose rough edges there were wide crevices of hardened mud. With a few short sticks and a broken piece of earthenware for toys, they were happy in their way. Whatever their food might have been, they showed no traces of hard usage. Their red "puddy" fists were fat, and their naked legs round and plump enough. Their faces were full and rosy, and their voices clear and anything but querulous. The eager passions of childhood come out fierce and unrestrained, and blows were freely interchanged, without, however, either cries or apparent hatred. Their naked knees were on the stone-flags, and the wind, creeping in a draught under the ill-fitting door, blew their ragged clothes about.

"Thee med well look at 'em, John," said the woman, seeing Smith cast a sideway glance at the children; and rapidly manipulating the clothing, her thin nervous lips poured forth a torrent of words upon the silent man. They had had nothing but bread that day, and nothing but bread and lard the day before, and now the lard was gone, and the baker would not trust any more. There were no potatoes because the disease had destroyed them, and the cabbages were sold for that bit of coal; and as for the swede, she took it out of Mr. ——'s field, and he was a cross-grained man, and who knew but what they might have the constable on them before morning? Jane W. and Sarah Y. went to prison for seven days for stealing swedes. All along of that cursed drink. If she were the squire she'd shut up all the pothouses in the county. The men went there, and drank the very shirts off their backs, and the clothes off their children, ay, and the shoes off their feet; and what was the use of their having more money when it only went into the publican's pocket? There they sat, and drank the bread out of the babies' mouths. As for the women, the most of them, poor things, never tasted beer from one year's end to another. Old Carter handed her a pint that day, and when she tasted it she did not know what it was. He might smile, but it was true though: no more did Jane W. and Sally Y.: they did not know what it tasted like. And yet they had to be out in the fields at work at eight o'clock, and their washing to do before that, and perhaps a baby in their arms, and the tea as weak as water, and no sugar. Milk, they could not get milk for money—he knew that very well; all the milk went to London. A precious lot of good the higher wages had done them. The farmers would not let them have a drop of milk or a scrap of victuals, and talked about rising the price of the allotment grounds. Allotment, did she say? and how did he lose his allotment?—didn't he drink, drink, drink, till he had to hand over his allotment to the landlord of the pothouse, and did not they take it away from both as soon as they heard of it? Served him right. They had not got a pound of potatoes, and the children did use to lick up the potato-pot liquor as if they liked it.

Smith asked where Polly was, but that was only a signal for a fresh outburst. Polly, if he'd a looked after her she would have been all right. (Smith turned a sharp glance at her in some alarm at this.) Letting a great girl like that go about at night by herself while he was a drink, drink, drinking, and there she was now, the bad hussy, gone to the workhouse to lie in. (Smith winced.) She never disgraced herself like that; and if he had sent the wench to service, or stopped her going down to that pothouse with the fellows, this would not have happened. She always told him how it would end. He was a good-for-nothing, drunken brute of a man, and had brought her to all this misery; and she began sobbing.

After twelve long hours of toil, including the walk to and fro, exposed to the bitter cold, with but a slice of cheese to support the strength of that brawny chest, this welcome to his supper was more than the sturdy, silent man could bear. With a dull remembrance of the happy sunlit summer, twenty years ago, when Martha was a plump, laughing girl, of sloe-black eyes and nut-brown complexion—with a glimpse of that merry courting time passing across his mind, Smith got up and walked out into the dark rainy night. "Ay, thee bist agoing to the liquor again," were the last words he heard as he shut the door.

It was too true. But what labourer, let us ask, with a full conception of the circumstances, would blame him? Here there was nothing but hard and scanty fare, no heat, no light, nothing to cheer the heart, nothing to cause it to forget the toil of the day and the thought of the morrow, no generous liquor sung by poets to warm the physical man. But only a few yards farther down the road there was a great house, with its shutters cosily closed, ablaze with heat and light, echoing with merry laughter and song. There was an array of good fellows ready to welcome him, to tell him the news, to listen eagerly to what he could tell them, to ask him to drink, and to drink from his cup in boon companionship. There was a social circle in which his heart and intellect could expand, at least for a while, till the strong liquor mounted up and overcame his brain; and then, even then, there was the forgetfulness, the deep slumber of intoxication, utterly oblivious of all things—perhaps the greatest pleasure of all. Smith went there, and who of his own class would blame him? And if his own class did not, of what use is it for other and higher classes to preach morality to him? It is a man's own comrades, his own class, whose opinions he dreads and conforms to. If they condemned him for going there, he would avoid the public-house. But they would have called him a fool if he avoided it. In their logic who could say they were wrong? A man who is happy is a long while getting drunk, he talks as much as he drinks; but Smith was dull and silent, and drank steadily. It was not late, but when the house closed he could but just keep his feet. In the thick darkness and the driving rain he staggered on, unconscious of the road he was taking, but bearing roughly towards home. The cold air rather more stupefied him than brought him to himself. Insensibly he wandered with uncertain steps down a lane which led by a gentle slope out into the fields, the fall of the ground guiding his footsteps, and then stumbling over the root of an ash-tree, fell heavily on the wet grass. His eyes, half-shut before, closed as if by clockwork, and in a moment he was firm asleep. His hat had fallen from his brow, and the grizzled hair was blown about by the wind as it came in gusts through the hedge. His body was a little sheltered by the tree, but his chest was open and bare half-way down his waistcoat; and the heavy drops fell from the boughs of the ash on his stalwart neck, gradually saturating his shirt. It may have been that the cold numbed him and rendered him more insensible than he otherwise would have been. No star shone out that night; all was darkness, clouds, and rain till the dawn broke.

Soon after dawn, the young navvy, going to his work by a short cut, found Smith still asleep, and shook him till he got up. He was stupid beyond all power of words to express; but at last came to a dim idea that he must get home. Then the young navvy left him, anxious about being late at his employment, and John Smith slowly felt his way to his own door. His wife, already up, opened it. "Thee varmint! thee never gi'ed I that shilling last night for the baker." Smith felt hopelessly in his pocket, and then looked at her vacantly. "Thee drunken, nasty old——," said the infuriated woman, almost unconsciously lifting her hand. Perhaps it was that action of hers which suggested the same to his mind, which was in a mechanical state. Perhaps the stinging words of last night had at last sunk deep enough to scarify his self-esteem. Perhaps he did not at that moment fully remember the strength of his own mighty arm. But he struck her, and she fell. Her forehead came in contact with the cradle, in which the youngest boy was sleeping, and woke him with a cry. She lay quite still. Smith sat stupidly down on the old milking-stool, with his elbows on his knees. The shrill voice of his wife, as she met him at the door, had brought more than one female neighbour to the window; they saw what happened, and they were there in a minute. Martha was only insensible, and they soon brought her to, but the mark on the temple remained.

Five days afterwards John Smith, agricultural labourer, aged forty-five, stood in the dock to answer a charge of assaulting his wife. There were five magistrates on the Bench—two large landowners, a baronet in the chair, and two clergymen. Martha Smith hung her head as they placed her in the witness-box, and tried to evade kissing the Book, but the police saw that that formality was complied with. The Clerk asked her what she had to complain of. No answer. "Come, tell us all about it," said the eldest of the magistrates in a fatherly tone of voice. Still silence. "Well, how did you get that mark on your forehead?" asked the Clerk. No answer. "Speak up!" cried a shrill voice in the body of the court. It was one of Martha's cronies, who was immediately silenced by the police; but the train had been fired. Martha would not fail before another woman. But she did not commence about the assault. It was the drink she spoke of, nothing but the drink; and as she talked of that she warmed with her subject and her grievances, and forgot the old love for her husband, and her former hesitation, and placed that vice in all its naked deformity and hideous results in plain but burning words before the Bench. Had she been the cleverest advocate she could not have prepared the ground for her case better. This tale of drink predisposed their minds against the defendant. Only the Clerk, wedded to legal forms, fidgeted under this eloquence, and seized the first pause: "But now, how about the assault? Come to that," he said sharply. "I'm coming, sir," said Martha; and she described Smith coming home, stupid and ferocious, after staying out all night, and felling her to the ground because she asked him for a shilling to buy the children's daily bread. Then she pointed to the bruise on her forehead, and a suppressed murmur of indignation ran through the Court, and angry looks were directed at the defendant. Did she do or say anything to provoke the blow? asked the Chairman. No more than to ask for the shilling. Did she not abuse him? Well, yes, she did; she owned she did call him a drunken brute afterwards; she could not help it. These women, with their rapid tongues, have a terrible advantage over the slower-witted men.

Had the defendant any questions to ask his wife? Smith began to say that he was very sorry, sir, but the Clerk snapped him up short. "That's your defence. Have you any questions? No; well, call your witnesses." Martha called her witnesses, the women living next door. They did not do her case much good; they were too evidently eager to obtain the defendant's condemnation. But, on the other hand, they did not do it any harm, for in the main it was easy to see that they really corroborated her statements. Smith asked them no questions; the labouring class rarely understand the object of cross-questioning. If asked to do so they almost invariably begin to tell their own tale.

"Now, then," said the Clerk, "what have you got to say for yourself—what's your defence?" Smith looked down and stammered something. He was confused; they checked him from telling his story when his mouth was full of language, now it would not come. He did not know but that if he began he might be checked again. The eldest magistrate on the Bench saw his embarrassment, and, willing to assist him, spoke as kindly as he could under the circumstances. "Speak up, John; tell us all about it. I am sorry to see you there." "He's the finest, most stalwart man in my parish," he continued, turning to the Chairman. Thus encouraged, John got out a word or two. He was very sorry; he did not mean to hurt her; he knew he was tipsy, and 'twas his own fault; she had been a good wife to him; she asked him for money. Then all of a sudden John drew up his form to his full height, and his chest swelled out, and he spoke in his own strong voice clearly now that he had got a topic apart from his disgrace. These were his words, a little softened into more civilised pronunciation to make them intelligible:—

"She asked I for money, she did, and what was I to gi'e her? I hadn't a got a shilling nor a sixpence, and she knew it, and knowed that I couldn't get one either till Saturday night. I gets thirteen shillings a week from Master H., and a shilling on Sundays, and I hev got five children and a wife to keep out of that—that's two shillings a week for each on us, that's just threepence halfpenny a day, look 'ee, sir. And what victuals be I to buy wi' that, let alone beer? and a man can't do no work wi'out a quart a day, and that's fourpence, and there's my share, look 'ee, gone at onst. Wur be I to get any victuals, and wur be I to get any clothes an' boots, I should like for to know? And Jack he gets big and wants a main lot, and so did Polly, but her's gone to the work'us', wuss luck. And parson wants I to send the young 'uns to school, and pay a penny a week for 'em, and missis she wants a bit o' bacon in the house and a loaf, and what good is that of, among all we? I gets a slice of bacon twice a week, and sometimes narn. And beer—I knows I drinks beer, and more as I ought, but what's a chap to do when he's a'most shrammed wi' cold, and nar a bit o' nothin' in the pot but an old yeller swede as hard as wood? And my teeth bean't as good as 'em used to be. I knows I drinks beer, and so would anybody in my place—it makes me kinder stupid, as I don't feel nothing then. Wot's the good—I've worked this thirty year or more, since I wur big enough to go with the plough, and I've a knowed they as have worked for nigh handy sixty, and wot do 'em get for it? All he'd a got wur the rheumatiz. Yer med as well drink while 'ee can. I never meaned to hurt her, and her knows it; and if it wurn't for a parcel of women a-shoving on her on, her would never a come here agen me. I knows I drinks, and what else be I to do? I can't work allus."

"But what are you going to say in your defence—do you say she provoked you or anything?" asked the Clerk.

"No, I don't know as she provoked I. I wur provoked, though, I wur. I don't bear no malice agen she. I ain't a got nothin' more for to say."

The magistrates retired, and the Chairman, on returning, said that this was a most brutal and unprovoked assault, made all the worse by the previous drinking habits of the defendant. If it had not been for the good character he bore generally speaking (here he looked towards the elder magistrate, who had evidently said a word in Smith's behalf), he would have had a month's imprisonment, or more. As it was, he was committed for a fortnight, and to pay the costs, or seven additional days; and he hoped this would be a warning to him.

The elder magistrate looked at John Smith, and saw his jaw set firmly, and his brow contract, and his heart was moved towards him.

"Cannot you get better wages than that, John?" he said. "At the railway they would give you eighteen or twenty."

"It's so far to walk, sir, and my legs bean't as lissom as they used to be."

"But take the missis and live there."

"Lodgings is too dear, sir."

"Ah, exactly. Still I don't see how the farmers could pay you more. I'll see what can be done for you."

Smith was led from the dock to the cell. The expenses were paid by an unknown hand; but he underwent his fortnight's imprisonment. His wife and children, with an empty larder, were obliged to go to the workhouse, where also his daughter was at the same time confined of an illegitimate child. This is no fiction, but an uncompromising picture of things as they are. Who is to blame for them?