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After the usual compliments on both sides on such a meeting, Ali Khaujeh desired the merchant to return him the jar of olives which he had left. with him, and to excuse the liberty he had taken in giving him so much trouble.
“My dear friend,” replied the merchant, “you are to blame to make these apologies, your vessel has been no inconvenience to me; on such an occasion I should have made as free with you: there is the key of my warehouse, go and fetch your jar ; you will find it in the place where you deft it.”
Ali Khaujeh went into the merchant’s warehouse, took his jar; and after having returned him the key with thanks for the favour he had done: him, returned with it to the khan where he lodged; but on opening the jar, and putting his hand down as low as the pieces of gold had lain, was greatly surprised to find none. At first he thought he might perhaps be mistaken; and, to discover the truth, poured out all the olives into his travelling kitchen-utensils, but without so much as finding one single piece of money. His astonishment was so great, that he stood for some time motionless; then lifting up his hands and eyes to Heaven, he exclaimed, “Is it possible that a man, whom I took for my friend, should be guilty of such baseness?”
Ali Khaujeh, alarmed at the apprehension of so considerable a loss, returned immediately to the merchant. “My good friend,”
said he, “be not surprised to see me come back so soon. I own the jar of olives to be the same I placed in your warehouse; but with the olives I put into it a thousand pieces of gold, which I do not find. Perhaps you might have occasion for them, and have employed them in trade: if so they are at your service till it may be convenient for you to return them; only put me out of my pain, and give me an acknowledgment, after which you may pay me at your own convenience.”
The merchant, who had expected that Ali Khaujeh would come with such a complaint, had meditated an answer. “Friend Ali Khaujeh,”
said he, “when you brought your jar to me did I touch it? did not I give you the key of my warehouse, did not you carry it there yourself, and did not you find it in the same place, covered in the same manner as when you left it? And if you had put gold in it, you must have found it. You told me it contained olives, and I believed you. This is all I know of the matter: you may disbelieve me if you please; but I never touched them.”
Ali Khaujeh used all the mild methods he could think of to oblige the merchant to restore his property. “I love peace and quietness,” said he to him, “and shall be sorry to come to those extremities which will bring the greatest disgrace upon you; consider, that merchants, as we are, ought to abandon all interest to preserve a good reputation. Once again I tell you, I shall be greatly concerned if your obstinacy oblige me to force you to do me justice; for I would rather almost lose what is my right than have recourse to law.”
“Ali Khaujeh,” replied the merchant, “you agree that you left a jar of olives with me; and now you have taken it away, you come and ask me for a thousand pieces of gold. Did you ever tell me that such a sum was in the jar? I did not even know that they were olives, for you never showed them to me. I wonder you do not ask me for diamonds and pearls instead of gold; be gone about your business, and do not raise a mob about my warehouse;” for some persons had already collected. These words were pronounced in such great heat and passion, as not only made those who stood about the warehouse already stay longer, and create a greater mob, but the neighbouring merchants came out of their shops to learn what the dispute was between Ali Khaujeh and the merchant, and endeavoured to reconcile them; but when Ali Khaujeh had informed them of his grievance, they asked the merchant what he had to say.
The merchant owned that he had kept the jar for Ali Khaujeh in his warehouse, but denied that ever he had meddled with it; swore that he knew it contained olives, only because Ali Khaujeh told him so, and requested them all to bear witness of the insult and affront offered him. “You bring it upon yourself,” said Ali Khaujeh taking him by the arm; “but since you use me so basely, I cite you to the law of God: let us see whether you will have the assurance to say the same thing before the cauzee.”
The merchant could not refuse the summons, which every Mussulmaun is bound to observe, or be declared a rebel against religion; but said, “With all my heart; we shall soon see who is in the wrong.”
Ali Khaujeh carried the merchant before the magistrate, where he accused him of having, by breach of trust, defrauded him of a thousand pieces of gold, which he had left with him. The cauzee demanded if he had any witnesses; to which he replied, that he had not taken that precaution, because he had believed the person he trusted his money with to be his friend, and always took him for an honest man.
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 he. “Then go and fetch it immediately,” said the other.
The pretended Ali Khaujeh went immediately, and returning, feigned to set a jar before the cauzee, telling him that it was the same he had left with the accused person, and received from him again. But to omit no part of the formality, the supposed cauzee asked the merchant if it was the same; and as by his silence he seemed not to deny it, he ordered it to be opened. He that represented Ali Khaujeh seemed to take off the cover, and the pretended cauzee made as if he looked into it. “They are fine olives,” said he, “let me taste them;” and then pretending to eat some, added, “They are excellent: but,” continued he, “I cannot think that olives will keep seven years, and be so good, therefore send for some olive-merchants, and let me hear what is their opinion.” Two boys, as olive-merchants, then presented themselves. “Are you olive-merchants?” said the sham cauzee.
“Tell me how long olives will keep fit to eat.”
“Sir,” replied the two merchants, “let us take what care we can, they will hardly be worth any thing the third year; for then they have neither taste nor colour.” “If it be so,” answered the cauzee, “look into that jar, and tell me how long it is since those olives were put into it?”
The two merchants pretended to examine and to taste the olives, and told the cauzee they were new and good. “You are mistaken,”
said the young cauzee; “Ali Khaujeh says he put them into the jar seven years ago.”
“Sir,” replied the merchants, “we can assure you they are of this year’s growth: and we will maintain there is not a merchant in Bagdad but will say the same.”
The feigned merchant who was accused would have objected against the evidence of the olive-merchants; but the pretended cauzee would not suffer him. “Hold your tongue,” said he, “you are a rogue; let him be impaled.” The children then concluded their
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