Chapter 10

TONY'S CASE

No one of all Tony's numerous friends was more surprised at the accusation made against him than Captain Sedley. Like all who were familiar with the past life of the brave little fellow, he was incredulous. The very fact that Tim Bunker was near at the time of the alleged theft seemed to be sufficient to clear him. The finding of the wallet in his pocket was the most unaccountable piece of testimony that had been adduced against him. It did not seem probable that it would have remained so long in his pocket unknown to him, if any one had been so wicked as to place it there.

As soon as the wagon which bore Tony a prisoner to the Rippleton jail had gone, Mrs. Weston put on her bonnet, and hastened over to Captain Sedley's house. She was sure of finding assistance there. She was so confident of Tony's innocence, that the thought of proving it for the satisfaction of the public seemed superfluous.

"I am sure he never could do such a thing in the world, Captain Sedley," said she, wiping away her tears, and gazing with earnestness into the face of her benevolent patron.

"Tony always was honest," replied Captain Sedley.

"Honest! He would not steal the value of a pin from anybody."

"I think he would not."

"I _know_ he wouldn't!"

"But it seems very strange that the wallet should have been found in his pocket."

"Tim Bunker put it there, you may depend upon it."

"Very likely; but, Mrs. Weston, you know that all these things must be proved. As the affair stands now, I am afraid the testimony against him, notwithstanding his good character, will be quite sufficient to convict him."

"O Captain Sedley, I know he is innocent!" exclaimed the poor widow, her eyes filling with tears again.

"But it must be proved, you see. The finding of the wallet upon him, and the testimony of Tim Bunker that he saw him putting something in his pocket, in the very place where the lost property was alleged to have been left, will leave scarcely a doubt in the minds of judge and jury."

"Tim Bunker did it, I know!"

Captain Sedley shook his head. Though he had the fullest confidence in Tony's innocence, he desired to give his mother a perfect understanding of the difficulties of the case. After all, there was a remote possibility that poor Tony had been led to take the wallet; and if such should finally prove to be the fact, it was better for the widow to be prepared for the worst.

"I do not think Tony is guilty, Mrs. Weston; but you must consider that appearances are very strong against him," said he.

"I know it, sir. Poor Tony! must he spend the night in jail? Is there no way to get him out?" sobbed the widow.

"He shall not want for a friend, Mrs. Weston. Farmer Whipple must have returned by this time, and I will go up and see him. But I do not think we can get him out to-day."

"Thank you, sir; you are very good. If I could only see him, and tell him that I feel sure he is innocent, the cold walls would seem less dreary to him. I know what the poor fellow is thinking about."

Mrs. Weston cried like a child when she thought of her darling boy shut up within the narrow walls of a prison cell.

"He will be thinking of his home," continued she. "He will think of me."

"He has been a good son, Mrs. Weston."

"That he has, sir. Tony steal? No, sir. He thinks too much of his mother and his home to do such a thing. But don't you suppose I could see him?"

"I will see him myself; won't that do as well?"

"I don't know."

"I will tell him just how you feel about it,--that you are confident he is innocent."

"Thank you, sir; he will be so comforted by it."

"And to-morrow he will probably be examined before the magistrate."

"Then he will discharge him, I know!"

"I fear not; if there are reasonable grounds for supposing him guilty, he will be committed to await the action of the grand jury."

"Then it will be weeks and months before they prove his innocence," interposed the widow.

"The grand jury is in session now; all they will do, if they find a bill against him, will be to commit him for trial."

"That makes three times they will try him," said Mrs. Weston, perplexed by the complications of the law. "Must he stay in prison till all these trials are finished?"

"He can be bailed out to-morrow, after his examination."

"I must give bonds for him, must I?"

"I will do that, Mrs. Weston. Probably he can come home before to-morrow noon."

"God bless you, Captain Sedley. You have always been very good to me in my troubles."

"Ben," said Captain Sedley, going to the window, and calling the old sailor who was at work in the garden, "Ben, put the bay horse into the chaise."

"This is a world of trouble, Captain Sedley," said the widow, with a deep sigh.

"But from trouble and affliction come forth our purest aspirations. God is good to us, even when he sends us trials and sorrows."

"I will not complain; I have much to be thankful for."

In a few moments the horse and chaise were ready.

"I am going over to see Farmer Whipple, Mrs. Weston, and then I shall ride down to Rippleton. Keep your spirits up, and be assured everything shall be done to comfort your son, and to prove his innocence. I shall engage Squire Benson to defend him."

"Heaven bless you, Captain Sedley," said the poor widow, wiping away her tears, as her benevolent friend got into his chaise.

Farmer Whipple was fortunately at home when he arrived at his house, and Captain Sedley immediately opened his business.

"I don't much think that Tony did it," said the farmer; "but things were agin him, you see."

"How much money was there in the wallet?" asked Captain Sedley.

"More'n I can afford to lose, Cap'n. It was a careless trick of mine."

"What was the amount?"

"There was forty-six dollars in bills, besides some odd change."

"Do you remember what banks the bills were on?"

"Most on 'em. There was a twenty dollar bill on the Rippleton Bank, a ten on the Village Bank, and some small bills, mostly on Boston Banks."

"Where is the wallet now?"

"I got it; Squire Little said I might take it agin."

"Was the money all right?"

"Bless you, no! If it had been, I wouldn't say a word. All the small bills were there, but the big ones were gone."

"Indeed!"

"That's the wo'st on't."

"Have you any description of the lost bills?"

"Well, yes; I reckon I should know the twenty agin, if I saw it."

"How?"

"Well, it happens rather lucky. Arter we came from the jail, I went into Doolittle's store to git some tea. When I went in there, he was fixin' some kind of a plate, with his name on't; a pencil plate, I believe he called it."

"A stencil plate," said Captain Sedley.

"Jest so; he was marking his name on the back of some bank bills with it. I telled him about the robbery, and that the twenty dollar bill he give me the day before was gone with the rest. Then he telled me that that twenty dollar bill was marked with his 'pencil plate,' d'ye see?"

"He might have marked a dozen others with it," added Captain Sedley.

"No, he didn't. You see, he didn't git the plate till jest afore he paid me that bill, and he is sartin that is the only twenty dollar bill he has marked."

"Did you see the mark yourself?"

"I saw sunthin' on it, but I couldn't read it without puttin' my glasses on; so I didn't mind what it was."

Captain Sedley considered this important information. If the twenty dollar bill, thus marked, should ever appear in the village, it might furnish a clew by which to trace out the thief.

On his arrival at Rippleton village, he went to Doolittle's store, and ascertained that he had marked no more bills; that he was sure he had marked no other twenty dollar bill than the one he paid to Farmer Whipple. Requesting him not to mark any more, he went over to the jail.

Tony was in much better spirits than he expected to find him. His only trouble was in relation to his mother, and he cried bitterly when he spoke of her. Captain Sedley comforted him, assuring him his mother and his friends were satisfied that he was innocent, and that he should have the best lawyer in the county to defend him.

"I don't want any lawyer, Captain Sedley," said Tony stoutly; "I am as innocent of this crime as though I had never been born."

"But, Tony, who do you think stole the wallet?"

"I have no idea, unless Tim Bunker did; and he has laid it to me to clear himself."

"Tim is one of the witnesses, and a good lawyer may be able to get the truth out of him."

"I don't believe he could," replied Tony with a faint smile.

"I shall engage Squire Benson to defend you; and to-morrow, before the examination, he will come in to see you. If you have anything to say, you can say it to him."

"I can only say I am innocent."

"He will want to know all the circumstances."

"I will tell him all I know about it."

After some further conversation, Captain Sedley took his leave, and hastened to the office of Squire Benson, who was the most distinguished lawyer in that county.

The legal gentleman readily engaged to defend Tony, and arrangements were made for the examination. The marked bank bill was an important matter for consideration, though there was no present hope of finding it. But there was a prospect that it would eventually come to light.

On his arrival at his house, Captain Sedley found the widow Weston waiting his return. She was much comforted when she heard that Tony was in good spirits. She listened with attention to all her kind friend said, and went home with a lighter heart than when she came. The interest which Captain Sedley manifested in the case inspired her with hope. He was an influential man, and his assistance would enable her to do all that could be done.

On the following morning the examination of Tony took place at the office of Squire Little. Mrs. Weston had an interview with her son when he was brought in by the officer. Both wept, but there was hope in the consciousness that he was innocent. Frank, Charles, and Tim Bunker were there as witnesses, as well as Farmer Whipple and Mr. Hyde.

The examination proceeded, but it was only a repetition of the facts already given. Squire Benson, in his cross examination, pressed Tim Bunker severely; but though there were several trifling inconsistencies in his answers, his testimony was generally accurate. He denied having told Tony that he saw Farmer Whipple pass through the wood-house.

Captain Sedley had prepared Mrs. Weston for the result; and when Tony was bound over to await the action of the grand jury, she heard the decision with tolerable calmness. Her benevolent friend became his bail; he was liberated, and they all went home together.