Chapter 19

THE TRIAL OF TONY

Joe Braman was arrested on the same day, and committed to the Rippleton jail. It was understood that suspicions were fastened upon him, though the precise nature of the testimony against him had not yet been made public. His examination, as well as that of Tim Bunker, was postponed until after the trial of Tony, which had been appointed, in consideration of the circumstances, for the following day.

Captain Sedley had been very active in obtaining evidence, but he was so cautious that the people of Rippleton did not ascertain what he was doing.

The morning of the trial came. The members of the boat club were all anxious to attend; and Captain Sedley had consented that they should go to the village in the Zephyr, taking Uncle Ben with them as boat-keeper.

At nine o'clock the club had all assembled in the boat-house, and had put 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 ask is justice."

"My father is very sure you will be cleared," added Frank; "but whether you are or not, we are all very certain of your innocence."

"Thank you; you have been very kind to me and my mother," answered Tony, the tears gathering in his eyes as he spoke. "I heard last evening what you did the night before the Fourth of July."

"Never mind that, Tony; we all like you. You are a noble fellow;" and Frank 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 that does not feel honored by having you belong."

"Think of your uniform on the back of a felon. If found guilty, I shall be sent to the House of Correction."

"But you won't be, Tony. Tim and Joe Braman have been arrested, and you may 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 innocent in the House of Correction as in the open air. But I don't want to disgrace the club."

"I talked with father about the uniform last night. He thought we had better 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 of us."

"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 a pleasure excursion, and there was hardly a smile to be seen on their faces. They were quiet, and very orderly, and moved slowly and with a good 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 towards Rippleton. "We will not hoist our flags going down."

The crew pulled steadily, and not a word was spoken on the way. Every member was thinking of poor Tony, and every one was hoping and believing he would be acquitted.

On their arrival at Rippleton, Frank formed them in procession, two by two, and marched up to the court-house. More than once, as they passed through the streets, the people, recognizing Tony, lustily cheered him. Since the rescue of Tim Bunker, he had been a hero in the village. His misfortunes, added to his noble, generous character, excited all the sympathies of the people.

When they reached the court-house, the sheriff, as a special mark of consideration, conducted them to seats where they could see and hear all that was done and said.

Squire Benson was at the table, and the jury were in their seats, but the court had not yet come in. Captain Sedley and Mrs. Weston had chairs by the side of Tony's counsel, and they were engaged in an earnest 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 the little prisoner to the box appropriated to criminals. The audience felt deeply 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 the prosecution were sworn. These consisted of Farmer Whipple, Mr. Headley, Charles Hardy, Frank Sedley, and Tim Bunker, the latter of whom was brought into court by a constable.

The testimony was substantially the same as at the examination. It was proved that Tony was in the wood-house, had seen the wallet, and left his companions to find Farmer Whipple; that he had been seen to put something into his pocket, and finally that the lost wallet, with a portion of the money, had been found in his pocket.

It was a clear case, and when the evidence was concluded Mrs. Weston sobbed bitterly.

"Be comforted, madam, your son shall be proved innocent in a few moments," said Squire Benson.

The cross examination of Tim Bunker was very long and very severe; and though he still adhered to the story he had told at the examination, he was confused, stammered a great deal, and tried to be saucy to the lawyer. His statements were so contradictory at times, that a general disposition to laugh pervaded the minds of the audience. At these times, when he so grossly crossed himself, Squire Benson looked significantly at the jury, as though to invite their special attention to the discrepancies.

Tony's counsel then opened the case for the defence. His address was very short, but very pointed and forcible.

The first witness was Mr. Doolittle, the store-keeper, who testified to the facts concerning the twenty dollar bill.

"Is that the bill you marked?" asked the lawyer, handing him a bank-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 identify it."

The witness exhibited his shop-card upon the back of it, and pointed out several other peculiarities which he had observed while stamping it.

"Mr. Stevens," said the lawyer. "That will do, Mr. Doolittle."

The person called took the stand. He was a stranger in Rippleton, and the audience wondered what he could possibly know about it.

"Your business, Mr. Stevens?" continued the lawyer, scratching furiously with his pen.

"I keep a hardware store in Boston."

"Did you ever see this bill?" and Squire Benson handed him the bank-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;" and the 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 a witness in the case; and after a short delay, he was brought in by an officer.

"Was that the person?"

"It was."

"You are sure?"

"I noticed the scar on his cheek," replied the witness, "and I should not be likely to mistake such a person as that for another."

The audience smiled at this sally. Joe Braman was in truth an oddity in his personal appearance, and the remark of the witness seemed to have a peculiar force.

"That is all, Mr. Stevens; the witness is yours, Mr. Prescott," said Squire 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, and gazed vacantly at the judge and jury. He was a dull, stupid fellow, and did not readily comprehend his position.

He was sworn; and after the judge had reminded him that he need not criminate 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 trial himself 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 twenty dollar note.

"I rather guess it was."

"You guess! Don't you know?" said Mr. Benson, with severity in his tone and manner.

"Yes, sir, it was," answered Joe, startled by the questioner's sharp words.

"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 his tone, 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 were turned 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 an apparently 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 fool enough 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 the particulars of the affair.

It appeared from his story that Tim had taken the wallet, abstracted thirty dollars of the money, and then, when school was about to be dismissed, had thrust the wallet into the prisoner's pocket.

Tony had not discovered the wallet. He had eaten his dinner and gone immediately into the garden, where he had pulled off his coat, and commenced picking the currants. Tim's plan had worked better than he expected it would; for he supposed that Tony would find it in his pocket, and be accused of abstracting the thirty dollars.

The jury gave in their verdict of not guilty, without leaving their seats. As they did so, a gentleman, with a very long beard and mustache, rose, and clapped his hands with great violence. His example was followed by a large portion of the audience, and the sheriff had much trouble in restoring order.