by Oliver Optic
CHAPTER XIX
THE TRIAL OF TONY
Joe Braman was arrested on the same day, and committed to the Rippletonjail. It was understood that suspicions were fastened upon him, thoughthe precise nature of the testimony against him had not yet been madepublic. His examination, as well as that of Tim Bunker, was postponeduntil after the trial of Tony, which had been appointed, inconsideration of the circumstances, for the following day.
Captain Sedley had been very active in obtaining evidence, but he wasso cautious that the people of Rippleton did not ascertain what he wasdoing.
The morning of the trial came. The members of the boat club were allanxious to attend; and Captain Sedley had consented that they should goto the village in the Zephyr, taking Uncle Ben with them asboat-keeper.
At nine o'clock the club had all assembled in the boat-house, and hadput on their uniform.
"Keep your spirits up, Tony," said Fred. "It will all come out right."
"I hope so," replied Tony rather sadly. "I am innocent, and all I askis justice."
"My father is very sure you will be cleared," added Frank; "but whetheryou are or not, we are all very certain of your innocence."
"Thank you; you have been very kind to me and my mother," answeredTony, the tears gathering in his eyes as he spoke. "I heard lastevening what you did the night before the Fourth of July."
"Never mind that, Tony; we all like you. You are a noble fellow;" andFrank grasped the hand of his friend.
"I don't know as I ought to wear this uniform to-day," continued Tony,trying to smile through his tears.
"Why not, Tony?"
"I don't want to disgrace the club."
"Disgrace us, Tony! I am sure there is not a fellow in the club thatdoes not feel honored by having you belong."
"Think of your uniform on the back of a felon. If found guilty, I shallbe sent to the House of Correction."
"But you won't be, Tony. Tim and Joe Braman have been arrested, and youmay be sure there has been some evidence found to fasten it upon them."
"Perhaps so; at least, I am innocent, and I shall be just as innocentin the House of Correction as in the open air. But I don't want todisgrace the club."
"I talked with father about the uniform last night. He thought we hadbetter not wear it, because it would look so odd in the court-house;but I told him we wanted to wear it, so as to show that you were one ofus."
"You are very kind, Frank," replied Tony, grasping his hand.
"Time you were off, boys," said Uncle Ben.
"Take your places," continued Frank.
The members of the club seemed to feel that they were not going on apleasure excursion, and there was hardly a smile to be seen on theirfaces. They were quiet, and very orderly, and moved slowly and with agood deal of dignity into the boat.
The Zephyr backed out of her berth, and the oars fell into the water.
"Give way," said Frank, as he laid the course of the boat towardsRippleton. "We will not hoist our flags going down."
The crew pulled steadily, and not a word was spoken on the way. Everymember was thinking of poor Tony, and every one was hoping andbelieving he would be acquitted.
On their arrival at Rippleton, Frank formed them in procession, two bytwo, and marched up to the court-house. More than once, as they passedthrough the streets, the people, recognizing Tony, lustily cheered him.Since the rescue of Tim Bunker, he had been a hero in the village. Hismisfortunes, added to his noble, generous character, excited all thesympathies of the people.
When they reached the court-house, the sheriff, as a special mark ofconsideration, conducted them to seats where they could see and hearall that was done and said.
Squire Benson was at the table, and the jury were in their seats, butthe court had not yet come in. Captain Sedley and Mrs. Weston hadchairs by the side of Tony's counsel, and they were engaged in anearnest conversation with him.
"Where shall I stay?" asked Tony of the sheriff.
"I suppose you must take your place in the dock," replied the official.
"I am ready."
There was a sudden silence in the room, as the sheriff conducted thelittle prisoner to the box appropriated to criminals. The audience feltdeeply for him, and his poor mother burst into tears.
The judge took his seat on the bench, and the crier opened the court.The indictment was read; and Tony, in a firm, and even cheerful tone,pleaded "not guilty."
The county attorney made his opening address, and the witnesses for theprosecution were sworn. These consisted of Farmer Whipple, Mr. Headley,Charles Hardy, Frank Sedley, and Tim Bunker, the latter of whom wasbrought into court by a constable.
The testimony was substantially the same as at the examination. It wasproved that Tony was in the wood-house, had seen the wallet, and lefthis companions to find Farmer Whipple; that he had been seen to putsomething into his pocket, and finally that the lost wallet, with aportion of the money, had been found in his pocket.
It was a clear case, and when the evidence was concluded Mrs. Westonsobbed bitterly.
"Be comforted, madam, your son shall be proved innocent in a fewmoments," said Squire Benson.
The cross examination of Tim Bunker was very long and very severe; andthough he still adhered to the story he had told at the examination, hewas confused, stammered a great deal, and tried to be saucy to thelawyer. His statements were so contradictory at times, that a generaldisposition to laugh pervaded the minds of the audience. At thesetimes, when he so grossly crossed himself, Squire Benson lookedsignificantly at the jury, as though to invite their special attentionto the discrepancies.
Tony's counsel then opened the case for the defence. His address wasvery short, but very pointed and forcible.
The first witness was Mr. Doolittle, the store-keeper, who testified tothe facts concerning the twenty dollar bill.
"Is that the bill you marked?" asked the lawyer, handing him abank-note.
"It is," replied the witness, after examining it.
"You are willing to swear that is the bill?"
"I am."
"Please state to the court and jury the means by which you identifyit."
The witness exhibited his shop-card upon the back of it, and pointedout several other peculiarities which he had observed while stampingit.
"Mr. Stevens," said the lawyer. "That will do, Mr. Doolittle."
The person called took the stand. He was a stranger in Rippleton, andthe audience wondered what he could possibly know about it.
"Your business, Mr. Stevens?" continued the lawyer, scratchingfuriously with his pen.
"I keep a hardware store in Boston."
"Did you ever see this bill?" and Squire Benson handed him thebank-note.
"I have."
"State, if you please, what you know about it."
"It was given to me in payment for a fowling-piece."
"When?"
The witness gave the date.
"Can you swear to the bill?"
"I can; I wrote my name and the day of the month on it at the time;here they are."
"Indeed! how happened you to do that?"
"I did it at the request of the gentleman who sits by your side;" andthe witness pointed to Captain Sedley.
"Who was the person that gave you the bill?"
"I do not know his name."
"Could you identify him?"
"I could."
Squire Benson requested the court to have Joe Braman summoned as awitness in the case; and after a short delay, he was brought in by anofficer.
"Was that the person?"
"It was."
"You are sure?"
"I noticed the scar on his cheek," replied the witness, "and I shouldnot be likely to mistake such a person as that for another."
The audience smiled at this sally. Joe Braman was in truth an oddity inhis personal appearance, and the remark of the witness seemed to have apeculiar force.
"That is all, Mr. Stevens; the witness is yours, Mr.
Prescott," saidSquire Benson, turning to the county attorney.
But Mr. Prescott asked him no questions.
"Joseph Braman, take the stand," continued Tony's lawyer.
Joe seemed bewildered by the circumstances that surrounded him, andgazed vacantly at the judge and jury. He was a dull, stupid fellow, anddid not readily comprehend his position.
He was sworn; and after the judge had reminded him that he need notcriminate himself, Squire Benson proceeded with the examination.
"You bought a gun of the last witness, did you not?" asked he.
"Yes, sir," replied Joe, scarcely knowing whether he was on trialhimself or not.
"You gave him a twenty dollar bill, did you not?"
"You are suggesting his answers," interposed the county attorney.
"What did you give him in payment?"
"I gin him a twenty dollar bill," replied Joe promptly.
"This was the bill, wasn't it?"
"I pray your honor's judgment," said the county attorney with a smile."My learned brother answers the question, and then puts it."
"Put the question fairly, Mr. Benson," added the judge.
"Was this the bill?" said the lawyer, handing the witness the twentydollar note.
"I rather guess it was."
"You guess! Don't you know?" said Mr. Benson, with severity in his toneand manner.
"Yes, sir, it was," answered Joe, startled by the questioner's sharpwords.
"How do you know?"
"I see'd this 'ere mark on't," replied the witness, pointing to Mr.Doolittle's shop-card.
"Now, Mr. Braman," continued Squire Benson, suddenly softening histone, and assuming a pleasant smile, "Where did you get this bill?"
"_Tim Bunker gin it to me._"
The reply of Joe produced a great sensation in the court-room.
"I told you so!" whispered Charles Hardy to Frank.
There was a smile of triumph on the face of Tony, and all eyes wereturned to him.
"It's a lie!" groaned Tim, his face as white as a sheet.
"Did he tell you where he got it?" continued Mr. Benson, in anapparently indifferent tone.
"You need not criminate yourself," interposed the judge.
"He told me all about it," replied Joe, suddenly brushing up his wits.
"You needn't wink at me, Tim; I'm goin' to blow the whole thing,"continued he, shaking his head at the crestfallen Bunker. "You was foolenough to tell on't yourself."
"He told you that he stole it?" asked Squire Benson.
"No; he said he found it;" and the witness proceeded to relate all theparticulars of the affair.
It appeared from his story that Tim had taken the wallet, abstractedthirty dollars of the money, and then, when school was about to bedismissed, had thrust the wallet into the prisoner's pocket.
Tony had not discovered the wallet. He had eaten his dinner and goneimmediately into the garden, where he had pulled off his coat, andcommenced picking the currants. Tim's plan had worked better than heexpected it would; for he supposed that Tony would find it in hispocket, and be accused of abstracting the thirty dollars.
The jury gave in their verdict of not guilty, without leaving theirseats. As they did so, a gentleman, with a very long beard andmustache, rose, and clapped his hands with great violence. His examplewas followed by a large portion of the audience, and the sheriff hadmuch trouble in restoring order.