From Boniface to Bank Burglar; Or, The Price of Persecution How a Successful Business Man, Through the Miscarriage of Justice, Became a Notorious Bank Looter

CHAPTER V

Chapter 75,879 wordsPublic domain

HANGING OF THE MILLSTONE

It was toward the middle of October that Shinburn and I were brought to trial, in the meantime the grand jury having presented indictments against us, but that didn’t seem to affect me greatly, for the reason that I was becoming more hopeful every day. Having been admitted to bail and afforded an opportunity to be among my friends once more, the despondency which attacked me in jail had given way to a feeling of almost certainty that I would be declared not guilty. My attorneys, the day before the trial, having examined all of our witnesses, from Stoneham and Boston, were even more sanguine than I. John M. Way told me that the prosecution could no more convict me than it could walk on air. In fact, he said there wasn’t “a peg to hang a hat on.” And as to Shinburn, though he had not been able to get bail, his counsel said there would be no trouble in proving an alibi for him. If Shinburn, who, I had no doubt, was guilty, could hope to escape, how much more reason was there for me to expect a verdict of acquittal.

The trial day came, but our case was not called until long after noon. A big crowd was in the court-room, as widespread interest had been caused by the predicament which I was in. There were hundreds of people present from several counties, a great many of whom could not obtain admittance, owing to the lack of room.

I sat with my counsel, while Shinburn was seated twenty feet away, with his. My attorneys had planned to make a great fight for a separate trial, and had come to court primed with material to wage the battle. While District Attorney Lane, who I knew was as persistent as ever to convict me, was trying to get a jury, I had an opportunity to look about me. Herbert T. Bellows was there to press the charge against us, and as I looked in his face, I could see that he had no sympathy for me. Two women and a man, sitting not far from Shinburn, were pointed out to me as Mrs. and Miss Kimball and Frank Shinburn. The former, mother and daughter, and the latter, Shinburn’s brother from Saratoga, had come to testify to an alibi for him. The women, I was told, had dined in a Boston hotel with him, at the time of the burglary. Another friend, whose name was said to be William Matthews, of New York City, sat near Shinburn and was present to testify that the latter was in Boston at the time of the burglary; and again, in testimony as to character, would swear that he knew the prisoner in New York, as a respectable Wall Street broker.

There were many of my friends present, which included my Boston business partners, Charles Meriam, a broker who had done no little business for me, and my friends and my employees from Stoneham. Besides these, I saw, what was dearer than all, my relatives, sitting there to say by their acts that they believed me innocent, though the whole world should be against me.

Disregarding the district attorney’s anxiety to get a jury together, we registered a plea of not guilty to the crime of burglary, and Judge Cushion, addressing Judge Doe, the ruler of the court, asked for a separate trial of the indictment against me.

“We do not, your honor, dispute the law,” said he, “but we wish to plead for a deep consideration of the merits of the case. It has been set forth that the prisoner Shinburn and my client, Mr. White, must, under the construction of the statutes of this state, be tried together, because the acts alleged to have been committed by one are linked with the acts committed by the other, as charged, and that this is the best procedure, in order to best serve the interests of the state, to the end that the law shall be vindicated and those punished who committed the Walpole bank burglary.

“Now, your honor, there is no man who stands firmer than I for the elevation of the moral and legal standards. I would see men walk in the best paths of citizenship, and I would have the people look upon the law as something too pure and unsullied to be lightly held, instead of being obeyed for fear of the consequences. I would have the law respected because it is right, and not because there is a penalty if it is violated. But in the case of the prisoners before the court to-day, there is a distinct difference. In Shinburn we have a man about whom there is nothing known in this community. He may be guilty of the charge of burglary or he may not. So far as I know, he is falsely accused. But, as to George White, my client, many of you here know, and I know, that until this damnable accusation was brought against him he was untouched by the shadow of suspicion.

“There are, no doubt, many in this court-room to-day who have known him as child and man, and who know him to be all that a well-bred youth and man should be. Born almost on this very soil, he has been educated, instructed in business affairs, and by his diligence and unusual energy has won the respect of all who have personally known him, and such as have not been fortunate enough to have an intimate acquaintance with him have respected him for the fine business reputation that his efforts have won. From one pursuit to another he went on, only to become more and more successful, and until the day that this awful charge was laid at his door, no man had dared to breathe a vile word against his splendid character. I doubt if he had an enemy in the world the day of his arrest, and, as far as I know, he has none to-day.

“But a robbery was committed in Walpole; a bank was unlocked with the cashier’s keys, and several thousands of dollars were appropriated. Presently we find that two men, accused of that crime, have been apprehended. In the course of an investigation by the authorities, it was developed that these men, one alleging himself to be a United States deputy marshal, had hired, at various times, horses and carriages from the livery stable owned by my client, Mr. White, and that on an occasion he drove them to the points they desired, as he had been engaged to do. Having acted as their servant, and having been well paid for it, Mr. White returned to the pursuit of his business, and was in entire ignorance of the fact that the two men he had thus served were, at the very time, plotting to rob the Walpole Savings-bank, as is charged in the indictment.

“Now I claim, your honor, that in Mr. White, an innocent citizen, a reputable business man, whose character is above the awful imputation against him, we have an unusual case; and that this court of justice, in view of the fact that all men are entitled to every privilege whereby they may establish their innocence, is bound to respect those rights.

“In Mr. White we have a man known to the community in which he is to be tried. In the moral court he has been on trial before his fellow-men all his life, and the verdict has been handed down, that he has done well. We find that the magistrate who held him for the grand jury declared that he must stand trial, side by side, with a man who is an entire stranger in the community; and why? Because, your honor, this man saw fit to hire horses and vehicles from him! One of the men who went to Mr. White’s stable and engaged a carriage, and who was apprehended and charged with the Walpole bank burglary, has been set free. Why is it that the man Cummings, about whom we know nothing, is given a clean bill of health, while my client here, Mr. White, whose life has been an open book, is held to prove his innocence? If the prisoner Shinburn, who, with Cummings, hired vehicles from Mr. White, is guilty, why is not the man Cummings brought before the bar to answer? Instead of that, your honor, the district attorney has arraigned one of the accused and permitted the other to go, and my client, Mr. White, seems to have been brought in to fill up the vacancy.

“But of the man Shinburn I know nothing. It is alleged, however, that bonds were found in his possession, the same the property of the Walpole Bank, and it is also charged that he was seen in Keene shortly before the burglary. As I have stated, I know nothing of this, but I do know that the evidence, such as it is, is entirely different from that alleged against my client. I do know that he had nothing to do with stolen bonds, that none were found in his possession, that he had no guilty knowledge that he had been driving criminals about the country, and that, in view of these facts, he is entitled to a separate trial from that given the other prisoner at the bar.

“And now, your honor, in the name of common justice, in the name of humanity, I ask, ay, demand, that Mr. George White, the honorable business man of Stoneham, be given a fair opportunity to prove his innocence of this infamous allegation the district attorney has made against him. And, your honor, the way to accord him that right which the constitution bestows on him, in my opinion, is to give him a separate trial. In the name of justice I demand that right.”

Judge Cushion’s plea made a profound impression, it seemed to me, on every one in the court-room; not excluding Judge Doe and the district attorney. There was an intense feeling within me that I would be accorded the privilege for which my counsel had spoken. Judge Doe looked at the district attorney as if to say, “I’ll hear you now,” and Mr. Lane arose and began his short opposition, in a cold, hard voice.

“We have a case against two men,” said he, “and they are before the court--Mark Shinburn and George White. The Walpole Savings-bank burglary was committed by two men, and we are prepared to show by competent testimony that the prisoners at the bar are guilty of the crime with which they are charged. They are jointly indicted, are jointly guilty, and they, according to the law of this state, must be tried together.

“The prisoner White was a poor farmer but a few years ago. It is not possible that he could have honestly accumulated the wealth he now possesses. Where did he get it? He was seen driving about the country with the prisoner Shinburn at the time the plot to rob the Walpole Bank was being concocted. These are the plain facts which the state will prove. There can be no legal decision rendered by the court which will accord the prisoner White a separate trial. I will quote the law.”

District Attorney Lane then read at length from the criminal law of the state, and sat down.

Don H. Woodward, as I have said, was a young attorney, and never had had an opportunity to show his powers. Undoubtedly fired by the injustice which had been meted out to me, he pressed into the fight with an energy that even surprised himself. He spoke of the unfairness of the law that precluded a separate trial for the prisoners, and then proceeded to bitterly arraign the district attorney. Seldom has a prosecutor been compelled to listen to a flaying such as was administered him by this dashing young lawyer. His words were fearless, and at times he charged the district attorney with being influenced by ulterior motives.

“A man was arrested in Saratoga, your honor,” said he, “a business man, a broker. That man is the prisoner, Mr. Mark Shinburn. Bonds were found on him by the police. Two weeks later a man known to the district attorney as James Cummings was apprehended and held in the jail with Shinburn by Mr. Lane. The first knowledge of the whereabouts of the property taken from the Walpole Bank was obtained through the sale of one of the government bonds, and the man who sold the bond was James Cummings. When the detectives arrested him, they found more than five thousand dollars in his possession, the result of the sale of one or more of the stolen bonds. This man Cummings placed bonds in the keeping of my client, Mr. Shinburn, to be sold in the open market. The result of doing a legitimate business for a man who has turned out to be a ‘looter’ of the Walpole Bank, is that my client is before this court accused of the crime of burglary.

“Now, your honor, I wish to show, in plain words, that mighty queer proceedings have been going on since the arrest of this man Cummings, and particularly since a third prisoner, Mr. George White, was brought into the case. The district attorney has placed himself, through certain acts, mighty near where a foul cesspool of conspiracy can be scented. Whether he has readied that condition of his own volition, or whether the powerful political influence of a stockholder of the Walpole Bank has forced him into it, I am not in the position to say. But I do charge that there has come into this case an element that should bring to the cheeks of all honest men the blush of shame.

“Why, your honor, the district attorney brings into this court two men, one a respectable business man and broker of Saratoga, New York, and the other an honorable gentleman known to this community for nearly all his life, and charges them with an infamous crime. He has come here to ask a jury to convict them and your honor to pass sentences that shall put them in state prison, to their everlasting disgrace, the loss of their citizenship, the loss of their fair reputations, and what is more, the district attorney would further tear the bosoms of loving mothers and fathers already grievously afflicted with sorrow. All this District Attorney Lane would do, in face of the fact that he has allowed James Cummings, the actual Walpole burglar, the Walpole stolen bond seller, to go entirely free of prosecution. He dare not deny it, your honor. And why has he done this? Ask Herbert T. Bellows, sitting in this court-room, and perhaps he can tell you and the others why this unheard-of thing has been done. Will Mr. Bellows speak out? No, sir--not he! Neither will the district attorney.

“Why, your honor, the very money found on Cummings was from the sale of one or more of the Walpole bonds. When Detective Golden arrested him, this money was confiscated and turned over to District Attorney Lane. While it may not be proved that it was the fruit of the bond-selling, it can be proved that Cummings sold the stolen bonds. My client, Mr. Shinburn, sold no bonds, neither did Mr. White; but Cummings did. Why was Cummings allowed to slip out of the back door of the jail, your honor? Will the district attorney tell us? What has become of the five thousand and more dollars? Was that money the price of the release of the ‘looter’ of the Walpole Bank? If so, who prompted District Attorney Lane to accept the price, if he did?

“Again, your honor, I wish to call your attention to the fact that the defendants, through their counsel, made persistent efforts to get an early hearing, but it was denied them at the instigation of District Attorney Lane. For six long weeks their pleas were disregarded, and in the meanwhile the district attorney made a dicker with Cummings, the Walpole bank burglar, and in that bargain this Cummings turned over to Mr. Lane more than five thousand dollars. Then the enterprising burglar was set at liberty, to continue his preying upon the public, it being done in a star chamber proceeding, and supplied with money to pay his railroad fare to Rochester, New York. I state all this, your honor, with a view of opening your eyes to what is going on in this case, and with the hope that the prisoners, so infamously charged, may be given the benefit of this warning.

“All of this looks very plain to me, sir. Cummings was arrested with a large amount of cash in his possession, and some one wanted it, and he was willing to give it up, provided he was set free. Two men, it is alleged, your honor, robbed the Walpole Bank. Mr. Shinburn was arrested and would do for one prisoner; but if Cummings were given his liberty, who would take his place? That was the question. Where was the second victim to come from? Ah, a thought strikes some one! A certain hotel keeper and liveryman in Stoneham let teams, according to the district attorney, to a man resembling Mr. Shinburn, one of the defendants here. Excellent! Grand idea! The liveryman was arrested, and was none other than Mr. George White, the other defendant here. The men behind this case got detectives from New York to journey to Stoneham and drag into this awful mess this respectable business man; and we find him in court before your honor to-day, the second victim, standing in the shoes which Cummings should fill. Is not this an infamous state of affairs, your honor? I charge that the district attorney set James Cummings free. I charge that Cummings did not take the five thousand dollars with him, and that the district attorney paid for the railway ticket that took him to Rochester. If ever there was a case of compounding a felony, then this is one. In view of all these facts, your honor, I say that the prisoners at the bar should be granted separate trials.”

Judge Doe had listened to this impassioned speech with much interest, apparently, but without any delay decided that Shinburn and I must be tried together. Asking for a moment in which to consult, Judge Cushion, and Mr. Woodward and the others of Shinburn’s and my counsel drew aside and earnestly discussed the attitude of the court and district attorney. My counsel believed me to be innocent and Shinburn guilty, yet in view of the ultimatum that both must be tried at once, it was a question whether there could be found a way to further fight for separate trials, or, bowing submissively to the ruling, proceed to establish a joint defence in which the innocent and guilty must stand or fall together.

“It’s sink or swim, gentlemen!” Judge Cushion told the others at the termination of the conference; and they returned to the tables.

Well, when court adjourned that afternoon, a jury to try us had been chosen, Sumner Warren being its foreman, and the preliminaries had been accomplished so that the prosecution was ready to call its witnesses the first thing the next morning. As for my feelings, they had undergone a great change since the convening of the court. All the fear that possessed me after the hearing at which I was denied a separate chance to prove my innocence, was upon me again. The hopefulness of the morning had resolved into the gloom of night. I must fight my way through the great cloud that beset me, handicapped by the case of a man I had no reason to doubt was guilty of the crime with which he stood accused. Linked with a criminal, I must prove my innocence or be convicted a felon.

My lawyers said there was no reason for me to feel despondent; that we would win despite all that was pitted against us; that there wasn’t any evidence upon which the jury could possibly base a verdict of guilty, though they might be ever so prejudiced. As to the jury being a fair and well-disposed body of men, Judge Cushion said he had no doubt of that. I took all this as poor comfort, however, and in my hotel that night there was precious little sleep for me. After a long, weary vigil, the dawn came, and with it the nerve-distracting trial, which lasted ten days.

I shall not go into the details of the testimony. Herbert Bellows was a witness, testifying to the ownership of the bonds found in Shinburn’s pockets; and another witness declared that Shinburn was a man he’d seen riding in a rig, between Walpole and Keene, early in the morning following the burglary, and upon being asked to identify the other man with Shinburn, said I looked very much like him. Detectives Golden and Kelso swore to the facts surrounding Shinburn’s arrest, and to the search in the Saratoga farm-house where burglars’ tools were discovered. Other witnesses told how I let horses and carriages to Shinburn, and drove him to Claremont and Keene, and that I had engaged a turnout from Layton Martin’s stables to do so. All of which I had done; but was it not horrible to sit and listen to the criminal construction placed upon these innocent acts? to listen to the motive attributed to me? And still other witnesses swore that I had accumulated a fortune in two years, that was impossible of accomplishment through honest means, and that being the case, I must have gotten the money somewhere, and why not from the Walpole Bank? At times I writhed under these damning words, and it was with the utmost difficulty that I was restrained, time and time and again, from springing to my feet and crying out that they who talked thus were liars. Glad I am that my friends made me hold my peace!

At last the prosecution rested and the defence called its witnesses. Frank Shinburn told the jury that his brother was a broker and that James Cummings placed the bonds in Mark’s hands for sale. Shinburn’s sister corroborated him. On cross-examination this testimony was shaken, particularly that of the brother. Mrs. Kimball and her daughter testified that they dined with Shinburn and Billy Matthews at the Revere House in Boston at the very time District Attorney Lane alleged he was in Keene plotting the burglary. These women were honest in giving this testimony, but a subsequent examination of the hotel register showed that the dinner took place the day after the robbery. William Matthews swore that Shinburn was a broker who did much business in Wall Street, New York City, and that he had often sold bonds for him, and that he’d dined with the prisoner and the two women in the Revere House, Boston, as had been testified to.

My witnesses from Boston testified to the business which took me to that city every day, from ten o’clock in the morning until evening. The time for every day in the week prior and after the burglary was accounted for. One of my partners in the Boston firm of Towle & Seavy told of the manner in which I had accumulated wealth. Several bank officials testified to the dates on checks which showed where I was at vital moments,--the moments when I was supposed to be actually engaged in robbing the Walpole Bank. A number of witnesses testified to various business ventures in which I was engaged with John M. Way and several other reputable business men, and how many checks passed in this business; and Charles Meriam, a broker of Boston, swore to the sums of money that he received and invested for us, all of which made a perfect accounting of the prodigious wealth which the district attorney had conjured up against me. A. V. Lynde went on the stand and told of my real-estate transactions with him; how I had bought tracts of land from him and how I had dealt at all times honorably. My clerks, Ellis Merrill and Fred Benson, told in detail of my strict attention to business; of how I got up every week day at five o’clock in the morning, attended to my business in Stoneham, and leaving that in charge of my employees, went to Boston to look after my business interests there. After finishing in Boston I would return to Stoneham to look after things at the close of the day. In fact, all of my time was well accounted for, making a complete alibi. Ellis Merrill testified to the fact that he had been the first to meet Wyckoff and Cummings at the Central House; that I was away when they came, and that he let a team to them of which I knew nothing until my return from Vermont. All these witnesses testified to my splendid business and social reputation, my honesty, veracity, and integrity. Fully twenty witnesses, all intimate friends, took oath on my behalf, to combat the testimony of a few witnesses, none of whom could swear positively to a point against me, except that I drove about the country a man who, they swore, was Shinburn.

Shinburn was not wanted by his counsel to take the witness stand; but I impatiently awaited my time to tell what I could, in the minutest detail, of my movements that could in any way be dragged, even by conspiracy, into the case. At last Judge Cushion called my name, and I arose to testify. District Attorney Lane was on his feet in an instant, protesting loudly that I had no right to witness for myself, that it was contrary to the New Hampshire laws; and he quickly quoted from the statutes.

Judge Cushion answered back in clarion tones, that, law or no law, I must be given an opportunity to explain many circumstances; that the law of God and common sense entitled me to every opportunity to prove my innocence. He declared that I could easily explain away all the ugly suspicion that attached to me through my association with the bogus United States deputy marshal. But it was a fruitless argument for me. Judge Doe decided that I could not testify on my own behalf, and in this manner another thong was added to those already binding the millstone to my neck. The remainder of the trial was a vague dream to me. Judge Cushion made a masterly plea for the defence, and Assistant District Attorney Wheeler, the brightest legal brain then attached to Mr. Lane’s office, wove a web of evidence about Shinburn and spoke of my suspicious acquaintance with the man Wyckoff. I know the judge wept as he pleaded my case, and I know that Lawyer Wheeler was bitter in his arraignment of Shinburn. Standing out prominently in my memory, however, are the words he chose in closing his “summing up” for the prosecution. They were directed to the witness William Matthews.

“And this is the sort of a witness they bring from the reeking hells of New York to be a witness in a New Hampshire court of justice,” he cried, pointing to Matthews. I thought it was a terrible thing to hear said of a man, and wondered why this friend of Shinburn’s did not measure the assistant district attorney’s length on the floor, in front of the very eyes of the judge and jury.

Judge Doe charged the jurors to consider well the facts in the testimony, and told them what was evidence and what was not. It was a hard, merciless review of the case, and I shivered with apprehension. It struck me like a chill wind from a damp, mouldy cavern. The jury retired, and when it was evident that they would not bring in a verdict that day, I was taken to a cell to await the morning. Oh, the uncertainty, the horror of it all!

As I was conducted to the court-room the next day, it did not take long to tell what the verdict was; for I could read the dreaded news in the face of Sumner Warren, the foreman, as he and the other jurymen filed to their seats. I felt faint with the strain.

“Guilty!” I heard Sumner Warren say, in response to the clerk’s solemn question.

“Guilty!” I groaned to myself. “Was ever there such injustice?”

“Bad enough, but I’m glad it’s no worse, George,” said my good friend and attorney, Mr. Lynde. “We’ll have you free--a disagreement is as good as an acquittal, in this case.”

“How? what? why?” I stammered, all but dazed.

“Shinburn has been convicted, but the jury has disagreed in your case!” said he. “That’s why they were out all night. Six of them believe you are not guilty.”

“Thank God!” I breathed. “Then six of them believe that I could not be guilty of the awful crime charged to me. But how in God’s name can _any_ of them believe it?”

I could not see all the hope that my attorneys seemed to derive from the situation. I wanted to be entirely free from the horrible accusation. Six men, under oath to render a verdict according to the evidence, had determined that I was guilty, though I was innocent. I was half condemned, and to me that meant a stigma would ever be hovering about my reputation, and some one always would believe that I was not the good man I claimed to be. Judge Cushion freely expressed the opinion that there would never be another trial; that I would be admitted to a nominal bail, if not allowed to go on my own recognizance, and that in due time the indictment would be dismissed. Despite the depression that the verdict had left upon me, I went to the jail that morning with a faint hope.

Later in the day Shinburn was sentenced to ten years at hard labor in the Concord state prison. He took the judge’s words with an indifference which I couldn’t understand. In fact, a little later, in his cell, I saw him making eyes at a pretty woman who lived in a house across the street, just back of the jail. She was married, and seemed to enjoy very much the many sly flirtations she had had with him from her windows. I thought that she was better off attending to her husband’s affairs than wasting her smiles on a man convicted of burglary. But then, there was never a gauge that would truly measure the taste of women. Some of them do most unaccountable things where a man is concerned.

At the first opportunity Shinburn told me that he was really sorry I’d got into trouble at all, but congratulated me on the prospect of my getting entirely free of the charge. He seemed to entertain the same idea with my counsel as to the outcome of my case, and expressed the wish that he’d been as fortunate as I.

During the day I had a long consultation with Judge Cushion and my faithful attorneys, who said that they would get Judge Doe to fix a bail for me at the earliest possible moment. I urged them to do so, as I wanted to get away from the terrible haunting thoughts that besieged me. I said that prison bars were not conducive to pleasant thoughts.

At about five o’clock that day I saw Shinburn, coat and hat on, come out of his cell. He had unlocked his door, as I could plainly see, with a key that looked very much like a piece of heavy tin. He relocked it, motioning me to keep silent, and slipped behind the grated door through which the jailer and his wife were expected to appear, almost any minute, from the corridor into the cell room. I waited. Almost immediately the couple came in and passed over toward his cell; why he was not discovered with only the grated door between him and the jailer, I can’t understand. The instant the way was clear he slipped from behind the door and, waving his hand to me, disappeared. In an instant the visitors to Shinburn’s cell found it empty, and then there was excitement enough for all hands in the jail.

The next morning I heard how Shinburn fared as far as those engaged in pursuing him would tell. Upon passing from my view he had hastened downstairs, and through the apartments of Jailer Wilder, threw up a window sash in the parlor, and jumped into the yard. Getting into the street, he encountered Under-sheriff Davis, who chanced to be passing the jail. Dodging him, Shinburn started eastward out of the village toward the woods. The under-sheriff, recovering from his surprise, began yelling like a madman, and started in pursuit, followed by a crowd of shouting villagers. Soon there was a mob after him, but not one of them was armed, and it was supposed that Shinburn was no better off.

For three-quarters of a mile the fugitive kept ahead of his pursuers, and by that time he had reached the woods, in front of which was a tall fence. Climbing over it, he coolly seated himself on a log and waited for his enemies to come near. When they had, he drew his revolver and, covering them, said sudden death was awaiting any one who attempted to cross over the fence. Not one dared to disobey him.

In the meantime Jailer Wilder, arming himself, followed on after the first party. When Shinburn saw reënforcements approaching, he got up from the log, and, smiling cheerfully, said, “Now you see me and now you don’t!” At this he turned and plunged into the woods and was lost to view. He left his overcoat behind, for it had retarded his escape.

For several hours, according to the story I was told, the woods were searched, but Shinburn was not found. Later I heard there was a wholesome dread of the pistol he carried, and that none of the party was too venturesome. Jailer Wilder was at loss to know where Shinburn got a key to his cell door and where he had obtained a revolver. I was asked more than once, but of a truth I knew nothing of the plan of escape. It was as much a surprise to me as it was to the sheriff.

High-sheriff George Holbrook made an investigation which resulted in putting upon the jailer the suspicion that he conspired in Shinburn’s escape. Subsequently Wilder was removed from office, and the stigma of it he carried with him to his grave. But be it recorded here, that he was innocent beyond all doubt. In later years I had it from Shinburn’s own lips, that the unfortunate jailer was blameless; and that his descendants may know it, even at this tardy day, is why I have been thus earnest and painstaking in recording the fact.