The Arabian Nights [535]
The merchant made the same defence he had done before the merchants his neighbours, offering to make oath that he never had the money he was accused of, and that he did not so much as know there was such a sum; upon which the cauzee took his oath, and dismissed him acquitted for want of evidence.
Ali Khaujeh, extremely mortified to find that he must sit down with so considerable a loss, protested against the sentence, declaring to the cauzee that he would appeal to the caliph, who would do him justice; which protestation the magistrate regarded as the effect of the common resentment of those who lose their cause; and thought he had done his duty in acquitting a person who had been accused without witnesses.
While the merchant returned home triumphing over Ali Khaujeh and overjoyed at his good fortune, the latter went and drew up a petition; and the next day observing the time when the caliph came from noon tide prayers, placed himself in the street he was to pass through; and holding out his hand with the petition, an officer appointed for that purpose, who always goes before the caliph, came and took it to present it.
As Ali Khaujeh knew that it was the caliph's custom to read the petitions at his return to the palace, he went into the court, and waited till the officer who had taken the petition came out of the caliph's apartment, who told him that the caliph had appointed an hour to hear him next day; and then asking him where the merchant lived, he sent to notify to him to attend at the same time.
That same evening, the caliph, accompanied by the grand vizier Jaaffier, and Mesrour the chief of the eunuchs, went disguised through the town, as it was his custom occasionally to do; when, on passing through a street, the caliph heard a noise, and mending his pace, came to a gateway, which led into a little court, in which he perceived ten or twelve children playing by moonlight.
The caliph, who was curious to know at what play the children were engaged, sat down on a stone bench just by; and heard one of the liveliest of the children say, "Let us play at the cauzee I will be the magistrate; bring Ali Khaujeh and the merchant who cheated him of the thousand pieces of gold before me."
These words of the child put the caliph in mind of the petition Ali Khaujeh had given him that day, and made him redouble his attention to see the issue of the trial.
As the affair of Ali Khaujeh and the merchant had made a great noise in Bagdad, it had not escaped the children, who all accepted the proposition with joy, and agreed on the part each was to act: not one of them refused him who made the proposal to be cauzee: and when he had taken his seat, which he did with all the seeming gravity of a judge, another, as an officer of the court, presented two boys before him; one as Ali Khaujeh, and the other as the merchant against whom he complained.
The pretended cauzee then directing his discourse to the feigned Ali Khaujeh, asked him what he had to lay to that merchant's charge?
Ali Khaujeh after a low obeisance, informed the young cauzee of the fact, related every particular, and afterwards begged that he would use his authority, that he might not lose so considerable a sum of money.
The feigned cauzee, turning about to the merchant, then asked him why he did not return the money which Ali Khaujeh demanded of him?
The feigned merchant alleged the same reasons as the real merchant had done before the cauzee himself, and offered to confirm by oath that what he had said was truth.
"Not so fast," replied the pretended cauzee; "before you come to your oath, I should be glad to see the jar of olives. Ali Khaujeh," said he, addressing himself to the boy who acted that part, "have you brought the jar?" "No," replied