CHAPTER XII.--BUDD'S TRIAL.
For a moment Budd stood before the angry man abashed, and not knowingwhat to say. Then the consciousness of his innocence of any wrong cameto his rescue, and he quietly said:
"Mr. Johnson, I have not robbed your house, nor have I ever been on theisland before to-day. If you will permit me to explain, I will tell youhow I came to be here."
"None of your lies to me!" angrily answered Mr. Johnson. "Your fathertried that when he robbed me, and now you want to make use of the sametrick! But whatever story you have got to tell you may tell in thecourt-room, as he did; and, like him, you'll find it won't save you fromprison-walls;" and he checked every effort of Budd to speak.
"Bring a rope here," he said to one of his men, "and bind this fellow'sarms behind his back, and get ready to go with me over to the westshore. I shall want your testimony to corroborate mine, that we foundthe young rascal in the house. The rest of you can now put the house inorder."
"How shall we go over to the main-land?" asked the man, after he hadfinished tying Budd's arms.
"We'll go in the prisoner's boat," replied Mr. Johnson, "and Bill, here,can come over after us to-morrow noon. We can't swear out a warrant andhave the boy tried before that time."
With Budd between them, the two men now proceeded down to the shorewhere the yawl was lying, and pushing her off, Went on board the sloop.
Scarcely had Mr. Johnson got on board the Sea Witch, however, when henoticed the bundles Budd had put on board at Bristol, and he directedhis man to examine them.
"They contain a ham, some crackers, cheese and sugar," he reported.
"There is another proof of your guilt!" said Mr. Johnson, sternly, toBudd. "You had brought along your provisions for another sojourn at thehouse."
"Then why did I not carry them up there?" retorted Budd.
Mr. Johnson was at first puzzled for an answer, but at length said:
"You must have had accomplices, and it may be you only stopped at thehouse while on your way to your present rendezvous to see what else youcould find."
"But I had nothing when I got out of the window," replied Budd.
Then he added, earnestly:
"If you will just let me explain, Mr. Johnson, you will see that I hadgood reason for being on your island."
"Very likely," said Mr. Johnson, with a sarcasm that stung the lad tothe quick. "But there is just one chance I'll give you. If you willtell where the rest of your gang is, and help us to capture them, I'lldo my best to save you; otherwise the law must take its course."
"How can I, when I have no accomplices and have not robbed you?" askedBudd, out of patience with the obstinacy of the angry man.
"The saying that 'A lie well stuck to is as good as the truth' won'tapply in your case, at least," remarked Mr. Johnson, with rising anger;and for the remainder of the passage he in no way addressed hisprisoner.
Arriving at the village which Budd had left only five hours before undersuch happy circumstances, Mr. Johnson left him on the boat, with thehired man to look out for him, while he went in search of the properauthorities to perfect the lad's arrest. He had no difficulty in findingthe officers, and at eight o'clock Budd had been put into the villagelock-up, with his preliminary trial before the local justice assignedfor ten o'clock the next day.
But Budd was in no sense desponding; his head was never clearer, nor hadhe ever thought more rapidly or planned better to meet a graveemergency. He was growing older and wiser very fast. He knew, moreover,what were his rights.
"Mr. Avery," he had said to the constable, as he was about to leave himfor the night, "I want Mr. John Benton and Peter Wright subpoenaed toappear as witnesses for me in the morning. I also want a messenger sentover to Fox Island for Judd Floyd. Mr. Ben Taylor will go, and my boat,as you know, is at the wharf. Please hurry this part of my request, forI have got to send Judd over to Bristol before my trial. Of course Iwill pay all necessary expenses."
Mr. Avery promised to attend to these matters, and evidently did so atonce, for at nine o'clock he appeared again with Judd Floyd, and alsoannounced that the two witnesses named had had due notice to appear atthe trial.
As soon as Judd and he were left alone Budd took Mr. Dane's card fromhis pocket, and asked his chum if he would go over to Bristol for thatgentleman and bring him over as a witness.
"I shall prove," he said, "that I have never been on Hope Island beforethis afternoon, and that will clear me from the charge brought againstme; for Mr. Johnson has not put into his warrant that I robbed the houseto-day, as he knew such a charge could not be sustained, but that Icommitted the burglary some time between the 1st of April (when he waslast on there) and to-day.
"I shall, of course, depend upon you as the principal witness as to myresiding on Fox Island.
"Mr. Wright and Mr. Benton can testify as to where I was previous to myjoining you, and Mr. Dane can testify that I did not go to Hope Islandwhile with him; that I bought my provisions there for our use on FoxIsland; and that I did not leave there until after four o'clock to-day.Perhaps it is not really necessary to have Mr. Dane's testimony, but Ihad rather he would be here, and you can tell him that I will pay hisexpenses, and also pay him for his time."
"I'll bring him back, sure," promised Judd, rising to go.
Then he drew near to Budd and whispered:
"Shall you allude to the visit of Bagsley and his gang to Fox Island,and what they said about Hope Island? That will be an important item,but it will give them the clew we are trying to follow up."
"No, it won't be necessary to mention that. At the worst they can onlybind me over to a higher court, and before that trial can come off Ibelieve we shall have found Bagsley, and that will clear me. I don't seehow, after I have proved I was never on the island before to-day, theycan hold me a single moment."
Judd held the same opinion, and hurried off to carry out his partner'srequest.
At ten o'clock the next morning the little village court-room wascrowded, for criminal trials were a novelty then, and Budd's case hadawakened a good deal of curiosity.
The Trial Justice was a little, fussy man, knowing far more about hisgrocery store down the street than he did about law; but he had put on apompous air, and tried to manifest a dignity equal to the importantoccasion.
Mr. Johnson and man were there, and with them the one lawyer the villageafforded as Prosecuting Attorney. It looked as though Mr. Johnson wasafraid he could not prove his case, and had sought all the possible helphe at that short notice could obtain.
Budd's witnesses were all there also, Judd and Mr. Dane having arrivedan hour before, and Mr. Benton and Mr. Wright having come in as thecourt was called.
Budd was his own lawyer, and from his smiling face one would havethought he felt fully able to cope with the attorney for theprosecution.
When the charge was read, the lad in loud, clear tones, answered "Notguilty," and the trial began.
Mr. Johnson was the first witness, and he stated briefly the conditionin which he had found his house on arriving there the morning before,and how he had laid in wait for the return of the burglars. He describedBudd's appearance, his entrance to the house, and his capture. As heended his testimony, the lawyer, evidently having been previouslyinstructed, asked:
"Have you ever seen the prisoner previous to the time of his capture?"
"Yes," replied Mr. Johnson. "I have known him, and his father beforehim, for years."
"Where is his father?" asked the lawyer.
"I object to that question," cried Budd, jumping to his feet, his cheeksall aflame with indignation.
Before the Justice could give his ruling the answer had been given, loudand clear:
"In the Massachusetts State Prison, serving out a twelve years' sentencefor forgery and theft."
Budd sunk back in his chair sick at heart, and almost in despair. Themischief had been done, and the crowd knew the dread secret he had solong hid within his own bosom. He felt for a moment
that he would havebeen glad to have had the prison-walls close around him, too, shuttinghim from the gaze of all eyes.
Nor was the answer lost in its influence on the Justice.
"I think," he said, slowly, "that anything that throws light on theprisoner's previous life or training will be in order here. It willhelp the Court to decide whether he would have been likely to commit thecrime with which he is charged;" and the man tried to conceal thecuriosity which was already beaming from his face.
Without further interruption Mr. Johnson told his side of the story,with which the reader is already familiar, and left the stand, havinggiven Justice and audience alike the impression that Mr. Boyd was a mosthardened criminal, and that the son was already following in hisfather's footsteps.
His hired man then took the stand, and corroborated his employer'stestimony respecting the burglary and the capture of the prisoner. Thenthe prosecution rested its case.
While Mr. Johnson was telling about Budd's father the lad sat with headbowed, and appeared to no longer care what became of himself; but justbefore the hired man finished his testimony Judd leaned over andwhispered in his comrade's ear:
"For your father's sake, make a defense."
He could not have whispered more effective words. Budd at once raisedhis head and proudly faced the Court, and when the prosecution had donehe rose quickly to his feet.
"The charge with which I am accused," he said, taking the paper up,"reads that I entered Mr. Johnson's house some time between April 1stand yesterday, June 20th. It does not specify any charge for yesterdayat all, as I forced no entrance into the house, nor took anything away.I shall, then, prove to this Court that previous to yesterday I hadnever been upon Hope Island. I will also tell why I went there."
With these words he called Mr. Benton as his first witness. Mr. Wrightfollowed, and then Judd Floyd and Mr. Dane came in the order named.
All swore positively that if the prisoner had been upon Hope Islandduring the specific time each was called to testify to, they wouldcertainly have known it.
Judd, realizing that his partner's liberty depended largely upon histestimony, with note-book in hand told where, from day to day, he andBudd had been, and what they had done. The testimony was absolute, andshould have been conclusive.
Budd then had himself put under oath, and testified that though he knewHope Island was Mr. Johnson's summer residence, no thought had ever cometo him to visit it until the previous afternoon, when he found himselfnear the island.
"I then felt," he continued, "a curiosity to see the place, and landing,went, as they have testified, boldly across the fields, because I hadnothing to be ashamed of. Finding a window open, I at once concludedthat burglars had been there, and I went in to see to what extent theproperty had been injured, and it was my purpose to report to Mr.Johnson at once the crime that had been committed. Now I would like Mr.Johnson to be put upon the stand, that I may ask him a few questions."
Mr. Johnson, with evident reluctance, took the witness-chair for hiscross-examination.
"How long had my father worked for you previous to the crime he is saidto have committed?"
"Fifteen or sixteen years," was the reply.
"Why did you keep him so long in your employ?" Budd now asked.
"I object," said the Prosecuting Attorney.
"Your Honor," said Budd, "the prosecution have tried to injure mycharacter to-day by telling about my father. They have told only evil.I wish now to show there is some good."
"I don't know as Mr. Johnson is obliged to answer these questions," saidthe Justice, nodding blandly to the wealthy man, "but he may, if hechooses."
"I decline to answer," said Mr. Johnson, after consulting with hisattorney.
"I will ask the witness one other question--one with reference tomyself--with the Court's permission," said Budd.
"Have I not, Mr. Johnson, paid you a portion of the money you claim myfather took from you?"
"I decline to answer that question also," replied Mr. Johnson, noticingthat his attorney shook his head negatively.
"May I then put in this paper as testimony?" asked Budd, taking a slipfrom his pocket and extending it toward the Justice. "It is Mr.Johnson's receipt for five hundred dollars that I paid him last March."
"I hardly think it would be proper," said the Justice, looking towardMr. Johnson for his approval of the ruling.
"I then rest my case," said Budd, shortly, and with some show ofindignation.
The Prosecuting Attorney now began his argument. He dwelt mainly uponthe facts that Budd had been found where he ought not to have been, andthat Judd Floyd, as his partner, was of course interested in acquittingthe prisoner. Though that witness had shown where he and the accusedwere in the daytime since May 20th, he had failed to show where theywere in the _nights_, and the burglary had doubtless been committed inthe night time; burglaries usually were. He concluded by reminding theJustice that it was not for him to find the prisoner guilty; but if, inhis judgment, he thought there was a _probability_ of his guilt, it washis duty to bind him over to a higher court.
Budd, already aware that the Justice seemed to favor the prosecution,simply stated in his argument for the defense what he had proved by hiswitnesses, and that that acquitted him of the special charge included inthe warrant. He alluded to the general good character he had bornesince he came into the neighborhood, and concluded with the words:
"I am innocent of the crime with which I am accused. My father is alsoinnocent of the crime for which he is in prison to-day. One link in thechain of establishing his innocence I have already discovered. Whatevermay be the decision of the Court to-day respecting myself, as sure asthere is a just God in Heaven, a few weeks more will see every shadow ofdisgrace swept away from our names."
So positive were the lad's tones, so triumphant his gestures, soconfident his looks, that many of the audience were thrilled as thoughthey heard a voice of prophecy--a prophecy soon to be fulfilled.
The Justice may himself have felt, somewhat, the influence of the lad'sdeclaration, for he gathered up his papers with an unsteady hand, andlooked uneasily about the room and into the upturned faces waiting forhis decision. The stillness grew oppressive. Finally the eye of theJustice rested upon Mr. Johnson, who was gazing expectantly up into thelittle man's face, and the great and wealthy man's wish became the lawof the baser one's soul:
"I think," he said, speaking sharply and looking directly at Mr.Johnson, "there is sufficient probability of the prisoner's guilt towarrant my binding him over to the higher court, which meets at thecounty seat in November."
Then, to Budd:
"I'll fix your bond at one thousand dollars, and unless you can furnisha bondsman I will have to commit you to the county jail to await yourtrial."
Budd Boyd's Triumph; or, The Boy-Firm of Fox Island Page 12