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第27章 THE LAW PLEA(2)

Mr Smeddum, as I have related, was in some estimation for his comicality; but he was a dure hand at an argument, and would not see the plainest truth when it was not on his side of the debate.No occasion or cause, however, had come to pass by which this inherent cross-grainedness was stirred into action, till the affair of reseating the kirk--a measure, as I have mentioned, which gave the best satisfaction; but it happened that, on a Saturday night, as Iwas going soberly home from a meeting of the magistrates in the clerk's chamber, I by chance recollected that I stood in need of having my box replenished; and accordingly, in the most innocent and harmless manner that it was possible for a man to do, I stepped into this Mr Smeddum, the tobacconist's shop, and while he was compounding my mixture from the two canisters that stood on his counter, and I was in a manner doing nothing but looking at the number of counterfeit sixpences and shillings that were nailed thereon as an admonishment to his customers, he said to me, "So, provost, we're to hae a new lining to the kirk.I wonder, when ye were at it, that ye didna rather think of bigging another frae the fundament, for I'm thinking the walls are no o' a capacity of strength to outlast this seating."Knowing, as I did, the tough temper of the body, I can attribute my entering into an argument with him on the subject to nothing but some inconsiderate infatuation; for when I said heedlessly, the walls are very good, he threw the brass snuff-spoon with an ecstasy in to one of the canisters, and lifting his two hands into a posture of admiration,--cried, as if he had seen an unco -"Good! surely, provost, ye hae na had an inspection; they're crackit in divers places; they're shotten out wi' infirmity in others.In short, the whole kirk, frae the coping to the fundament, is a fabric smitten wi' a paralytic.""It's very extraordinar, Mr Smeddum," was my reply, "that nobody has seen a' this but yoursel'.""Na, if ye will deny the fact, provost," quo' he, "it's o' no service for me to say a word; but there has to a moral certainty been a slackness somewhere, or how has it happened that the wa's were na subjected to a right inspection before this job o' the seating?"By this time, I had seen the great error into the which I had fallen, by entering on a confabulation with Mr Smeddum; so I said to him, "It' no a matter for you and me to dispute about, so I'll thank you to fill my box;" the which manner of putting an end to the debate he took very ill; and after I left the shop, he laid the marrow of our discourse open to Mr Threeper the writer, who by chance went in, like mysel', to get a supply of rappee for the Sabbath.That limb of the law discerning a sediment of litigation in the case, eggit on Mr Smeddum into a persuasion that the seating of the kirk was a thing which the magistrates had no legal authority to undertake.At this critical moment, my ancient adversary and seeming friend, the dean of guild, happened to pass the door, and the bickering snuff-man seeing him, cried to him to come in.It was a very unfortunate occurrence; for Mr M'Lucre having a secret interest, as I have intimated, in the Whinstone quarry, when he heard of taking down walls and bigging them up again, he listened with greedy ears to the dubieties of Mr Threeper, and loudly, and to the heart's content of Mr Smeddum, condemned the frailty and infirmity of the kirk, as a building in general.

It would be overly tedious to mention, however, all the outs and ins of the affair; but, from less to more, a faction was begotten, and grew to head, and stirring among the inhabitants of the town, not only with regard to the putting of new seats within the old walls, but likewise as to the power of the magistrates to lay out any part of the public funds in the reparation of the kirk; and the upshot was, a contribution among certain malecontents, to enable Mr Threeper to consult on all the points.

As in all similar cases, the parties applying for legal advice were heartened into a plea by the opinion they got, and the town-council was thrown into the greatest consternation by receiving notice that the malecontents were going to extremities.

Two things I saw it was obligational on me to urge forward; the one was to go on still with the reparations, and the other to contest the law-suit, although some were for waiting in the first case till the plea was settled, and in the second to make no defence, but to give up our intention anent the new-seating.But I thought that, as we had borrowed the money for the repairs, we should proceed; and Ihad a vista that the contribution raised by the Smeddumites, as they were caller, would run out, being from their own pockets, whereas we fought with the public purse in our hand; and by dint of exhortation to that effect, I carried the majority to go into my plan, which in the end was most gratifying, for the kirk was in a manner made as good as new, and the contributional stock of the Smeddumites was entirely rookit by the lawyers, who would fain have them to form another, assuring them that, no doubt, the legal point was in their favour.But every body knows the uncertainty of a legal opinion;and although the case was given up, for lack of a fund to carry it on, there was a living ember of discontent left in its ashes, ready to kindle into a flame on the first puff of popular dissatisfaction.

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