Chapter 7

"Do we take the cloth direct from the weave room? It doesn't look as though anything had been done to it when it reaches us."

"It is 'burled' first; then we get it."

"'Burled'? What do you mean by that?"

"Why, the knots are all cut off. You see the weavers have to tie their warp on the back side when it breaks, and that is what makes the knots."

"I don't see what harm those little things would do, as you say they are on the back of the cloth."

"They are the worst things there are, for if one of them gets in by accident it is sure to make a hole through the cloth when it runs through the shears."

Thus, with work and talk, the day flew by almost before Fred was aware of it. In fact, the hours seemed shorter to him than any he had passed for weeks. Now there was something new to occupy his attention, and work enough to keep his hands busy. The many curious machines before him, of which Carl had told him a little, interested him much--so much, indeed, that even at the end of the first day he felt no small desire to know more of them.

XVIII.

In the evening, after Fred's second day in the factory, as he sat with his parents in their pleasant home, and the thought of Carl and of his sad deformity and still sadder story recurred to him, he could not help contrasting the circumstances of the little humpback with his own.

Two mornings before, as he entered the mill, he had felt that his burden was almost greater than he could bear. He was disgraced and thrown out of his position, and was about entering upon a cheerless life, where there was but little opportunity for advancement.

But now, as he reflected upon his surroundings, he saw that he was much better off than many others. He had both father and mother, who loved and cared for him, who provided for him a cheerful home, and who would at any time sacrifice their own pleasures and comforts for his. Moreover, he was well and strong, and had the advantage of attending school, while Carl had been obliged to go into the mill at a little more than ten years of age, in order to earn something toward the support of his mother and invalid father. It was while thus employed that he met with the terrible accident that so deformed him and blighted his young life.

"No wonder he looks so sad," said Fred to himself. "Perhaps he may be as ambitious to make a success in the world as I am, and yet he is thrown into the factory, and is probably glad of even such a place, and maybe he works hard at times when he is really unable to do anything. Poor boy! I don't see what prospects he can see ahead to cheer him on. He has neither friends, education, nor health, and with so small a chance as there is in the factory for advancement, I should think he might as well give up first as last; but as he has no home, I suppose he must earn a living somehow or starve. If he only had friends to take care of him, it would not be so hard on him; but I don't see how he can be very happy with a woman like his aunt, who is always spluttering about somebody or something."

Fred secretly determined to do all he could to help the little cripple, and made up his mind that Hanks should not abuse him in the future if he could help it. Then calling to mind Carl's remark that morning, which showed so clearly his desire for a better education, he felt he could aid him, and decided to do so.

"Any new evidence?" asked Sheriff Coombs, as he met Mr. Rexford early in the morning at the scene of the fire.

"No, nothing except what we discussed last night."

"That is good as far as it goes."

"Well, it goes far enough to convince me," replied the merchant tartly.

"To be sure, sir, but we must convince the court. A mere suspicion, sir, is not good in law."

"You said last night you were the first one here, and that the fire started in the back store."

"So I did, but I can't say what caused the fire."

"It shows that it did not catch from the stove."

"That is so, and it leads us to suspect the store was set on fire--in fact, that is my belief. We stand agreed on this point; but the court must have evidence or we can't make out a case."

"Then we must search for evidence," said the merchant.

"My official duty, sir, is to bring the wrongdoer to justice, and I assure you I take a special interest in this case. I shall do my best work on it; but, by the way, there will be some slight expense connected with it."

"I don't understand you," replied the merchant nervously, for he caught the word "expense."

"Nothing of any consequence, to be sure, but of course you know a detective can't work without means."

"How much will it cost me?" asked the merchant, after a pause.

"I will make it light--for you almost nothing," answered the sheriff, who began to fear he would lose the opportunity to perform official service.

"Very well, then, you may go ahead; but I warn you not to come back on me with a heavy charge for this business."

"Your wishes shall be heeded, sir. I will commence now. By the way, do you suspect any one in particular?"

"Yes, I have one or two reasons for believing I know who did it."

"Good! That will give us an idea to work on; but first let me look around and see what I can discover for evidence."

On the rear side of the back room was a window. A few feet from this window part of a load of sawdust lay upon the ground. Here the sheriff found several footprints.

"How long has this sawdust been here?" he called out to Mr. Rexford.

"It was put there several days ago," he replied.

"I wish you would look here. I have made an important discovery."

The merchant quickly approached the spot.

"Do you see those footprints? When do you think they were made?"

"Last night about dark I shoveled up several basketfuls and carried them into the stable. These tracks must have been made since then."

"Do you feel sure of this?"

"I do, and I notice the prints point exactly to where the back window was."

"That is a good point, sir; but do you notice that whoever made that track must have had a small foot?"

"Yes, I see it is small, and that goes to strengthen my suspicions."

"It measures ten inches long and three wide," said the sheriff, applying his rule to the footprint.

In about an hour from this time Sheriff Coombs entered the woolen factory, and a minute or two later went to the flockers.

"Do you want to see me?" asked Fred, as he saw the officer fasten his eyes on him.

"Yes; I have a warrant for your arrest."

"For my arrest!" exclaimed Fred in amazement. "What for?"

"On complaint of John Rexford, for setting fire to his store," replied the sheriff, in a pompous manner.

XIX.

Fred stared at the sheriff in blank amazement at the terrible charge now brought against him.

"I am charged with setting fire to John Rexford's store?" he repeated.

"Yes."

"And you say Mr. Rexford makes the charge?" demanded Fred, in great excitement.

"Yes, he makes the charge," replied the officer, in a manner that was extremely irritating to our young hero.

"I don't know what it means," answered Fred.

"You know the store was burned, I suppose?" said the sheriff sarcastically.

"I do, sir; but what has that to do with me?"

"The question is one that must be answered by the court. My duty is to see that you appear there for trial."

"When will the trial be?" asked Fred, pale and depressed.

"At two o'clock this afternoon you must appear before Justice Plummer."

"Can I remain at work till then?"

"No; you must go with me."

"Is it necessary for me to go to the lockup?" asked Fred, shrinking with natural repugnance from such a place.

"It is, unless you can furnish surety for your appearance at the trial."

"If I promise to be there, isn't that enough?"

"I should not be doing my official duty to let you off on your promise," answered the sheriff.

"I would rather stay with you until two o'clock than go to the lockup."

"My time is worth too much to waste. I have a great deal of official business to attend to," said the officer; and after a pause, he added, "But if you were to give me five dollars, cash down, I think I could fix it for you."

"I haven't so much money with me, but I promise to pay it to you."

"I should prefer the cash."

Fred went to Mr. Farrington, accompanied by the sheriff, to try and borrow money enough to make up the five dollars, and to ask advice. His kind employer took him to one side and spoke low, so that the officer could not hear him. After getting the facts of the arrest, and asking a few questions, which were answered satisfactorily, Mr. Farrington turned to the sheriff and said:

"I am surprised, Mr. Coombs, that you should try to scare this boy into paying you five dollars, with the threat of taking him to the lockup. I had a better opinion of you than this," he added emphatically.

Officer Coombs hung his head and colored. He lost the official bearing with which he had so impressed our young friend.

"I am responsible for his appearance at the trial," he at last answered, in defense of his position.

"Very well; that is no reason why you should take advantage of an innocent boy who knows nothing of the law. I will go surety for him, and will be present at the trial. If you want me to give a bond for his appearance I will do so."

"It would be right to have the bond, but I will not ask it from you. I have faith in you, you see," said the sheriff, trying to win back his good opinion by a bit of flattery.

Mr. Farrington shrugged his shoulders. Turning to Fred, he told him to go to his work, and promised that at the appointed time he would accompany him to the trial.

Of course Fred had to tell his parents at noon what had happened. They were alarmed at first at so grave a charge, but became calm, as they felt sure they could prove Fred was at home on the night of the fire.

"I think the tide will turn now, Fred," said his father. "You have had more than your share of ill luck, but I am proud of you, that you stand up under fire like a man."

"I hope it has turned, father, and I am glad of your approval. This charge, though, seems to be one of malice."

"It does seem so; but we can tell at the trial whether it is or not."

Justice Plummer was a middle aged man, with a kind, intellectual face. He spoke slowly and thoughtfully. When our hero entered he greeted him in a kindly way.

"I am sorry to see you here, Fred," he began, "and I hope no evidence of guilt will be found against you. Though I feel a friendly interest in you, it is my duty, as you know, to decide the case impartially."

"I know it is, judge," replied Fred, "and I think the evidence will prove my innocence."

John Rexford now came in with his lawyer, Mr. Clarence Ham, a young man noted for his eloquence.

Mr. Rexford was sworn as a witness, and deposed that he had strong grounds for believing his store was burned by an incendiary, and that he had reasons for suspecting Fred Worthington to be the guilty party, though he admitted that he had little or no real proof to sustain this belief.

He gave his evidence upon the facts that led him to think the store was maliciously burned. Sheriff Coombs added his testimony upon this point. These facts, having been already given, need not be repeated.

"This testimony gives no absolute proof that the store was burned by an incendiary," said the judge.

"But I submit that the circumstances--the facts, if you please--lead to that conclusion," put in attorney Ham.

"To be sure, they give rise to a strong suspicion that it was, but unless we get further testimony to this end, the court cannot hold the prisoner for trial."

Mr. Rexford now gave his evidence, showing why he suspected Fred of being the guilty party.

This being simply a hearing before a justice, Mr. Farrington was allowed to serve Fred in place of a lawyer.

"You say," said Mr. Farrington, addressing the witness, "you thought at the time you discharged Fred Worthington from your employ that some sort of revenge would follow. Will you kindly state why you thought so?"

"His manner indicated it."

"In what way, please?"

"He was very saucy and impudent."

"In what manner was he impudent?"

"He threatened me."

"Simply because you informed him you wouldn't need his services longer?"

"Well, yes, that is about it," answered the witness hesitatingly.

"The court would like to know the exact facts," said Judge Plummer.

"I shall endeavor to give them," answered the witness.

"Then please state in what way he threatened you," said Mr. Farrington.

"It was in his manner. I had to conciliate him to save trouble. I was absolutely afraid of him."

"In what way did you conciliate him?"

"By modifying my statement."

"What was your statement?"

"It was something about his taking money from my drawer."

"You charged him, then, with stealing?"

"Not exactly."

"This was the point, however, that you modified?"

"Yes."

"Did that satisfy him?"

"Well, yes, it seemed to," admitted the witness reluctantly.

"Then, Mr. Rexford, your testimony shows that Fred Worthington did not complain at being discharged, but at a statement which you had no right to make. I judge he simply acted as any proud spirited boy would have done."

John Rexford grew fidgety.

"Was there any other cause for his being impudent?"

"No."

"No question of settlement, I suppose?"

"Nothing worth speaking of," answered the witness, growing very nervous.

"As it may have some bearing upon this case, you will please state what it was."

Mr. Farrington had a whispered consultation with Fred at this juncture, which made the merchant very ill at ease, and caused him to testify more fully upon the point than he otherwise would have done.

"I at first thought I would keep the amount due him to make up my loss; but his manner was so hostile that I feared he would injure me in some way, so I gave him the money."

"Did he threaten you with personal violence?"

"No."

"He made no threat at all, then?"

"As I said, after thinking the matter over, I thought it would be policy to pay him," answered the witness, trying to evade the point.

"But you have not answered the question. Did he, or did he not, make any sort of a threat which caused you to change your mind?" demanded Mr. Farrington.

"Well, yes, in a certain sense."

"In what sense?"

"He threatened to make false statements about my business."

"Would these statements have injured you?"

"They might have, for a time."

"You are sure the statements he threatened to make were false, with no foundation of truth," asked Mr. Farrington.

The witness hesitated. He saw Fred looking him square in the eye, and he shrank from answering, for he realized that the truth would probably be brought out by his former clerk.

"Yes, sir, I am sure they were false," he finally answered, while inwardly anathematizing himself at being caught in such a trap. He felt that Fred was getting the better of the case, and that, too, by his own testimony.

"In your testimony, Mr. Rexford, you said Fred Worthington impressed you at the time of his discharge with the idea that he would do you some subsequent harm. Was that impression founded upon his attitude of self defense?" asked Judge Plummer, in his slow, thoughtful way.

"No, sir, not that."

"Will you state, then, what caused you to form such an opinion?"

"Of course I could not tell his thoughts, but the deep study he seemed to be in convinced me that he was revolving in his mind some plot to be revenged on me for discharging him."

"This cannot be considered evidence," replied the judge. "His thoughts might have run upon an entirely different subject."

XX.

The testimony so far had very little weight, and really told against the merchant more than it did against our young friend.

The track in the sawdust, however, which was measured, and which was found to be the same size as Fred's shoe and of the same general shape, was very good evidence, and being testified to by both Mr. Rexford and the sheriff, went far toward bringing our hero under suspicion of having committed the crime.

The merchant's lawyer grew eloquent over this point, but his spread eagle style failed to impress the quiet, thoughtful judge to any great extent.

The testimony for the prosecution now being all in, Fred was put upon the stand, and testified that he was at home the night of the fire, had been at home all the evening, and was in bed when the cry of fire was sounded.

"How long had you been in bed?" asked attorney Ham.

"About two hours, I think," answered Fred.

"Are you sure about that?"

"I can't say it was exactly two hours, but I know it was not far from nine o'clock when I retired, and it was about eleven when the alarm of fire awoke me."

"Were you asleep when the alarm was started?"

"I was."

"I have no more questions at present to ask the witness," said the lawyer to the judge.

"I have one I would like to ask the witness," said Mr. Farrington, and then addressing Fred, he said:

"John Rexford testified that you threatened to make false statements about his business if he kept the money due you. Is this true?"

"I object to this question," said attorney Ham, who had learned the merchant's great desire to avoid further testimony upon this point. "It has no bearing upon this case."

"It does have a bearing upon the case, and I have a special reason for wanting an answer to my question," replied Mr. Farrington.

"The witness may answer," said the judge.

"Your honor," put in Ham, "I protest against bringing in the private business of my client, which has no relation to this case."

"This case is entirely one of circumstantial evidence," replied the judge, "and it is important that we get at the facts regarding the boy's character. The witness will answer the question."

"No, sir, it is not true."

"Did you make no threat whatever?"

"When he said he would keep my money, I told him it was a mean trick, but not much meaner than I had seen him play upon his customers."

"What reply did he make?"

"He asked me if I meant to insinuate that he cheated his customers."

"And you replied?"

"I said I did."

"What followed?"

"He threatened to have me arrested."

"And what did you say to that?"

"I replied that I would like to have him do so, for I could then tell some things about his methods that would make a stir in the village."

"This, then, is the threat you made?"

"Yes, if you call it a threat," answered Fred.

"Mr. Rexford's testimony does not agree with yours upon this point," said the judge. "Was there no statement about any special subject which Mr. Rexford considered false?"

"There was a reference to one or two matters," replied our young hero evasively.

The merchant now looked pale and wretched. His crooked business methods were about to be made known, and such a disclosure, coming right upon the loss of his store, was crushing to him.

"You will please state one of them," said the judge.

"I would prefer not to," said Fred.

"Why do you hesitate?" asked his honor.

"Because I do not wish to reveal matters about my employer's business that should be considered confidential."

"It is honorable in you to be so considerate of your former employer, and especially as he is now trying to establish a case against you. As you are only a boy, I consider it but right that I should advise you to show, if you can, that you did not threaten to make a false statement regarding his business. Such proof would aid your case and show well for your character."

Fred hesitated, thinking what he ought to do. Mr. Rexford took advantage of the pause, and asked if he would be allowed to speak a word upon this point before it was carried further. As no objection was raised by the defense, he said:

"I must acknowledge an error in my testimony regarding Fred's threat of a false statement. I was so wrought up over the matter that I hardly understood the exact language, but now I have heard his testimony it all comes back to me. His statement is essentially true."

This was an unexpected turn for matters to take. It was, however, less surprising to Fred than to the judge, and to those drawn by curiosity to the trial. The reason for Mr. Rexford's retraction was very evident, and caused many a significant glance, and here and there an exchange of opinions upon the matter in an undertone.

Though humiliating, it was nevertheless a fortunate move for the merchant, and he was lucky to get out of his own trap so well.

Fred was looked upon at first by the villagers present as being without doubt guilty, but now they began to have some admiration for him; and as the tide turned in his favor it set against the merchant, till at length our young friend was the more popular of the two.

Fred's father and mother both corroborated his testimony upon the point of his being at home all the evening on the night of the fire, and stated that he retired to bed at about nine o'clock.

They were questioned by lawyer Ham as to whether Fred could have left the house and returned, unknown to them, between the hours of nine and eleven o'clock, when the fire was probably set.

Their testimony upon this point evidently satisfied Judge Plummer that Fred was innocent of the charge John Rexford had brought against him, for after carefully going over the testimony on both sides, he said:

"I find nothing in the evidence that would tend to place suspicion upon Fred Worthington, who is charged with maliciously burning John Rexford's store. The testimony for the prosecution has no real weight, while that for the defense is strong, indisputable evidence, that removes all doubt as to the boy's whereabouts during the two hours when the fire must have been set, if it was set at all. I therefore discharge the accused, as no evidence has been offered that would justify me in holding him;" and then turning to our hero with a friendly smile, he added: "Fred, you can go. It is clear that you are innocent of the charge made against you."

"I thank you sincerely," said Fred, with an expression of true gratitude.

"Before you go, Fred, I wish to congratulate you upon the way you have acquitted yourself during this trial," said Judge Plummer, taking him by the hand. "Placed under fire as you have been, but few boys would have displayed the manhood you have shown."

Our young friend was profoundly moved at these kind, reassuring words, coming as they did from one who had the power to hold him for a grave crime.

Fred's parents were very happy at the outcome of the trial, and at Judge Plummer's complimentary remarks to their son, their only child. But scarcely less gratified than they was Mr. Farrington. He not only felt pride in triumphing over the somewhat wordy lawyer Ham, but genuine satisfaction and pleasure that Fred should be cleared of all suspicion in this case.

John Rexford was defeated, dissatisfied, miserable. He had injured himself and helped his discharged clerk, who he still thought had something to do with the destruction of his store. He now quickly withdrew from the place of the trial before any one could approach him to intensify his misery by questions upon the various points of evidence.

XXI.

Matthew De Vere and Tim Short had compromised matters with Jacob Simmons so that all immediate danger was passed. They were comparatively easy on this point, as a little more time had been granted them in which to pay the balance promised him; yet they did not feel entirely secure.

Fred's arrest on the charge of burning the store meant more to each of them than a mere gratification at seeing him humbled and perhaps punished. If they had been sure he would be convicted of the crime, doubtless they would have been happy indeed. The case meant so much to them that they attended the trial; and their discomfiture at the result--at seeing Fred vindicated and honorably discharged--was more than will be imagined.

They left the place of trial together, and had a long private discussion, which seemed not entirely satisfactory.