The First Capture: or, Hauling Down the Flag of England. Castlemon Harry

exclaimed Mr. Howard. "You would make a pretty fight, you would."

      "But, father, you don't know anything about the strength in that fellow's arms," whined James. "I would just as soon have a horse kick me. I want to see the magistrate about this."

      "Let us go up there at once," said Mr. Howard, putting on his hat. "We don't want to let the grass grow under our feet until this thing is settled. These young rebels are getting altogether too brash. They want to be shut up for a while. I wish I had them in England. When they were there, they would find themselves among gentlemen, and they could not talk as they pleased."

      "Do you believe you can put him under lock and key for hitting me?" said James. He began to be all excitement now. To see Caleb Young put in jail for what he had done would be ample recompense for him.

      "I assure you that I am going to try it. How did the argument begin in the first place?"

      James hesitated when his father propounded this question. When he came to think the matter over he found that he had given Caleb good reason for knocking him down. He might have to make the complaint under oath when he came before the magistrate, and he concluded that it was best to tell the truth while he was about it.

      "I said that all those who were in that massacre would be hung some day," began James.

      "Good enough. You told him the truth."

      "And I told him that if he were there I would be one of the first to grab the rope and haul him up," continued James. "Caleb or Enoch, I have forgotten which one, replied that if he went and talked that way about his neighbors, he ought to be hanged."

      "And he knocked you down for that?" exclaimed Mr. Howard. "You did perfectly right in saying what you did, and if I were magistrate I would shut him up for two or three days at least."

      These last words were spoken as they were passing along the streets toward the magistrate's office. There were many people loitering about, for the news of the battle of Lexington had not been thoroughly discussed, and the inhabitants of Machias could not get over it. Every one knew what was the matter with James without any telling. The provincials smiled and nodded their heads in a way that showed young Howard that he was served just right, while the Tories grew angrier than ever, and insisted on hearing all about it. Before reaching the magistrate's office James began to think that he was something of a hero in town, and fully expected to see Caleb shut up for a long time.

      When they arrived at their journey's end they found the magistrate there as well as two constables, who were hanging around for a chance to serve some papers which were slowly being made out for them. The magistrate was surprised when he saw such a company of men coming into his office, for be it known that a good many people, both Tories and provincials, had turned about and gone with them. They wanted to see what was going to be done in regard to it.

      "Bless us!" he exclaimed, when he saw James' battered face. "What have you been doing?"

      "I have not been doing anything," said James, in an injured tone. "A young rebel got mad at me for something I had said and knocked me down."

      "Aha! A young rebel!" said the magistrate, the scowl deepening upon his forehead; for he was one of those "aggressive" Tories who believed in making war upon all those people who did not hold to his own opinions. "Do you want to make out a complaint against him? I will fine him a pound at least. These rebels have got to be kept within bounds. I will make out the papers right away. Here are two constables ready to serve them," he added, speaking in a low tone to Mr. Howard. "You had better have two go with them, for there are some rebels around here and maybe they will stand by to protect him."

      The magistrate made a great flourish and prepared to go on with his warrant, while James and his father took time to look about upon the crowd that had followed them in. There were more rebels than Tories in the party, and that was easy enough to be seen. Some of the former exchanged a few words in whispered consultation and then went out, but the Tories stood their ground.

      "There!" said the magistrate, who at last turned about with the completed document in his hand. "Kelly, take this, go up to Young's house and arrest Caleb in the name of the king. I need not add that if he does not come you will call upon any man present to help you."

      "I don't know as I had better go up there alone," whispered the constable. "The rebels are out in full force."

      "Then take Nolton with you. You surely do not need two constables to arrest a boy! Take notice of the way he acts and I will fine him for that, too."

      The constables went out reluctantly, for they were about to undertake something which the magistrate himself would have shrunk from if he had been in their place. After thinking a moment Mr. Howard drew nearer to the judge.

      "You spoke of fining that boy just now," said he. "What is there to hinder you from shutting him up for three or four days? If the rebels are to be held within bounds, I don't know of a better way of doing than that."

      "That is what I think," whispered the magistrate. "But you can't do that for assault and battery. If you could prove that he tried to kill James, why then – "

      "How do we know that he did not try to kill him?" asked Mr. Howard. "He knocked him down and there he let him lie."

      "Well, we will see about it when he comes. I will shut him up if I can."

      Meanwhile the two constables had gone on toward Caleb Young's house, where they found his mother, who was overcome with alarm when they told her that they had come for the purpose of arresting her son. Caleb was not at home, she said; she had not seen him since that man brought the news of the battle of Lexington. She guessed he was down at Crosby's house; but what did they want to arrest him for? The constables gave her no satisfaction on this point, but came out and hurried toward Enoch's. They entered without ceremony5 and found Caleb seated at the table with his friend enjoying breakfast. He had left home before breakfast was ready.

      "Ah! Here you are," said Kelly. "Come on. We want you."

      It was just what Caleb expected. The boys had been obliged to tell Mrs. Crosby that they had a skirmish with James Howard in front of the house, because she knew it all along. The tussle that Enoch made in getting Caleb into the house had told her that there was something unusual going on, and she was anxious to know all about it.

      "I am ready," said Caleb, "at any time you are."

      "Caleb, you did not kill him?" exclaimed Mrs. Crosby.

      "Oh no," replied Caleb, with a laugh. "I told you that I just knocked him down. It will teach him better than to talk of hauling honest boys up with a rope."

      Enoch had sat there talking with Caleb while the latter was eating his breakfast, and had never thought of saying a word; but when he saw his friend rise to his feet and pick up his hat, he took it as a signal that it was high time he was doing something. He jumped up and ran out of the house bareheaded and hurried off to find Zeke Lewis. He burst open the door without waiting to knock, and caught Zeke in the act of picking his teeth after enjoying a comfortable breakfast.

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The constables were not in the habit of knocking at a private house. They heralded their approach by the command: "Open in the name of the King!" and then went in and did their business.