CHAPTER V.THE EXAMINATION.
SquireWalcott, like most of the inhabitants of Brookdale, was a farmer. He was somewhat advanced in years, and his son-in-law lived in the same house with him, and assisted in carrying on the farm. He was generally known as “The Squire,” in town,—a title which he acquired from the circumstance of his holding a commission as Justice of the Peace. This commission is conferred by the Governor of the State, and empowers the holder to discharge certain judicial functions, such as the issuing of writs and warrants, the examination of persons accused of crime, etc. In cases where the offence is very small, the Justice of the Peace may himself impose a fine, or other lawful penalty; but if the offence is one of much magnitude, he must bind over the supposed offender in a sum ofmoney, or commit him to jail, to await a trial before a higher court.
The examination on the present occasion, was to be held in the front room of Squire Walcott’s house. When the time arrived to commence, one of the men present conducted Oscar into the room. As he took the seat pointed out to him, and cast his eye about the room, he recognized Mr. Upham, Mr. Davenport, Mr. Preston, Clinton, and several others of the town’s people. All eyes were turned towards himself, as if anxious to detect from his appearance whether he were guilty or innocent. With all his boldness, he felt his courage failing him, as he encountered the searching glances of one and another; and although he tried to look indifferent, alarm was written too plainly on his pale face to be disguised.
The Squire sat in a chair, with a table before him, on which were several books, with pen, ink and paper. In a pleasant tone of voice, he informed Oscar of the charge brought against him, and expressed the hope that he would be able to establish his innocence. “Before reading the complaint,” he added, “I wish to say, that you are not obliged to criminate yourself in thismatter. You can plead guilty, or not guilty, as you choose. But if youdidhave any hand in the fire, I would, as your friend, advise you to confess the whole at once. By so doing, you will not add to your guilt by falsehood, and the law will deal more leniently with you than it would if you should be proved guilty contrary to your own assertions. Even if you set the wood on fire, you may have done it accidentally, or in sport, without thinking of the consequences. If you had any connection at all with the fire, I would advise you to state the facts, exactly as they occurred.”
The Squire then read the complaint, charging Oscar Preston with setting the wood on fire. When he had concluded, he added:—
“What do you say to this, Oscar,—are you guilty or not guilty?”
“Not guilty,” replied Oscar, faintly.
The Squire now requested the complainant to produce his evidence against the accused. Mr. Upham commenced with an account of the stealing of his pears by Oscar and Jerry, and the punishment which followed that adventure. He said he had been threatened with vengeance for causing the boys to bewhipped, and he had reason to believe that the burning of his wood was the result of this grudge against him.
The witnesses were now brought forward. The first was a boy, who testified that he heard Oscar say, with an oath, that he would yet come up with Mr. Upham for the flogging he gave him. A young man, who worked on a farm, was then called up, and testified, that whenever the pear-stealing scrape was mentioned to Oscar, he would get mad, and threaten to be revenged on Mr. Upham. The third witness was Clinton, who testified, that one afternoon, a short time before the fire, while he was at work mending a stone-wall on his father’s land, near the scene of the conflagration, Oscar and Jerry came along, and the former asked several questions about the location of Mr. Upham’s wood-lot, and particularly inquired if he owned a certain lot of corded wood, which Oscar described, and which was the same lot that was afterwards burnt. The fourth and last witness, was a man who testified that he was in the upper part of the town on the afternoon of the fire, and, a short time before the alarm was given, saw Oscar and Jerry, coming very fast from the direction of Mr. Upham’s lot.
The Squire wrote down the testimony as it was given. When it was concluded, he told Oscar he was at liberty to make any remarks or produce any evidence that he saw fit. Oscar, somewhat perplexed, turned to his uncle, and after some conversation between them, in a low tone, Mr. Preston remarked to the Squire, that he thought the evidence against Oscar was altogether too trivial to be worthy of serious notice. There was not, he said, the least proof that Oscar set the wood on fire. He thought Mr. Upham had magnified a foolish, boyish threat into a matter of very grave importance; and he expressed his opinion, very decidedly, that the prisoner ought to be released forthwith.
The Squire said he would defer his decision until the other prisoner had been examined. Oscar was then conducted from the room and Jerry was brought in. He appeared even more pale and excited than his cousin. The Squire addressed him in pretty much the same strain of remark as he did Oscar; but before he commenced reading the complaint, Jerry began to sob, and with broken and choked utterance, said:—
“Yes, I was there, and saw him do it, but I didn’t have any hand in it myself.”
“That is right, my son,” said the Squire, in an encouraging tone; “tell us all you know about it, just as it happened, and it will be better for you than though you attempted to deceive us. You say you ‘saw him do it’—whom do you mean?”
“Oscar.”
“Well, go on with the story, and tell us all the particulars,” said the Squire.
Jerry then related the history of the fire. Oscar, it seemed, had formed the plan of burning the wood, several days previous, and he regarded it as a sort of joint operation, in which Jerry and he were to share the fun, the gratification, and the risk. It appeared, however, from Jerry’s story, that though he had entered into the plan, he did not actually apply the match, nor assist in the immediate preparations for the fire. He was present rather as a spectator than an actor.
When Jerry had finished his confession, Mr. Upham, after a little conversation with the Squire, concludedto withdraw his complaint against Jerry. Oscar was then re-called. He entered the room with a calmer and more confident air than on the first occasion; for since he had discovered how weak the testimony against him was, he had little fear for the result. When, however, Jerry was called to take the oath of a witness, a deadly paleness came over the guilty boy, and he almost fainted. This was quickly succeeded by an expression of rage in his countenance, for Oscar was a boy of strong passions, and when they were excited, he could not conceal them. It was necessary that Jerry should relate under oath, and before Oscar, the account he had already given of the fire, for every person charged with crime has a right to hear the evidence against him. When he had done this, the Squire asked Oscar if he had anything to say.
“No,” replied Oscar.
“Then,” added Squire Walcott, “I have only to say that the evidence of your guilt looks very black, and unless you can break down the testimony of Jerry, I fear your conviction will be certain. I must bind you over for trial, and shall require you to give bonds in the sum of two hundred dollars, to appear before thecounty court at the next term. “Mr. Preston,” he continued, “will you be his bondsman?”
“No,” replied Mr. Preston, in a decided tone; “the boy has been trouble enough to me, already, and now he may go to jail, for all I care.” A moment after, noticing the distressed look of his nephew, he somewhat relented, in his feelings, and, in a milder tone, assured Oscar that he would write immediately to his father, who would doubtless hasten to his relief, and settle the whole affair without any further trial.
The little court now broke up, and all returned to their homes, save Oscar, who was still in the custody of Mr. Merriam, the constable, in default of bail. After making a few hasty arrangements for the journey, the officer and prisoner set out for the county jail, which was about fifteen miles distant. Mr. Merriam had thought of putting a pair of hand-cuffs upon Oscar, to prevent his escaping, during this long ride; but the latter begged so hard to be spared this humiliation that he relented, and allowed the boy to ride by his side in the open wagon, free and untrammelled. He also tried to divert his mind from his unpleasant situation, by conversation on other subjects, but Oscarseemed little inclined to talk. His heart was full of hard and bitter thoughts against every body, and especially against Mr. Upham, Jerry, and his uncle. He scarcely thought of his own guilt, so absorbed was he in nursing his wrath against those whom he supposed had injured him.
It was towards the middle of the afternoon, when they arrived at the jail. A cold chill ran through Oscar’s veins, for a moment, when he first caught sight of his prison-house. Before, he could hardly realize that he was a prisoner—it all seemed like a dream; but here was the jail before him, with its stone walls and grated windows, and the dream was changed to a reality. Passing through a high gate, they entered that part of the building occupied by the jailer’s family, and were conducted to a room called “the office.” The keeper of the jail soon made his appearance, and Mr. Merriam informed him that Oscar was committed to his custody for trial, and showed him the order from Squire Walcott to that effect. The jailer asked several questions about the case, and then took down a large book, partly filled with writing, and made the following entry within it:—
“October 25th.—Oscar Preston, of Brookdale, aged 14½ years, charged with setting fire to wood, in Brookdale. Examined by Justice Walcott, and committed for trial by Constable Merriam. Bail $200. Of ordinary height for his age, slender form, light complexion, brown hair, and blue eyes. Dress,—gray pantaloons, dark blue jacket buttoned to chin, blue cloth cap. Cell No. 19.”
The object of this brief description of the dress and personal appearance of Oscar was, that he might be the more easily identified, should he happen to escape from the jail. Mr. Merriam, bidding a kind good-bye to the young prisoner, now departed, and the jailer proceeded to examine Oscar’s pockets, to see if there was anything in them not allowed in the prison. The only articles he took from them were two cigars, which he tossed into the fire-place, telling Oscar he would have no use for them there. He then conducted him through a long and dark passage-way to cell No. 19, which he had entered against his name in the registry-book, and which was to be Oscar’s home for the present. It was a small, narrow room, with one window, near the top, which was guarded by iron bars. Thewalls and floor were of brick (the former had been recently white-washed) and the door was of iron. A sort of bunk was fitted up in one corner of the cell, which was supplied with bed-clothes. There were also a small red pine table and an old chair, a basin, bucket, tin dipper, and several other articles of furniture.
Oscar did not seem to be much pleased with the appearance of his cell, and he said to the jailer:—
“Can’t you let me have a better room than this? I shan’t stop here but a few days, and my father will pay you for it, when he comes, if you will let me have a good room.”
The jailer told him, in reply, that this was the most comfortable vacant cell he had; that he did not wish to put so young a prisoner in a cell with older offenders, and if he was to stay but a few days, he could easily make himself contented. After informing Oscar of the principal rules and regulations of the prison, the jailer locked the heavy door upon him, and retired.
The first impulse of the young criminal, in his solitude, was to cry; but he soon checked himself, and resolved to make the best of his situation. In a shorttime his supper was brought to him, which consisted of a few slices of bread, and a dipper of warm milk and water. Before night had fully set in, Oscar threw himself upon the bunk, and though it was not so commodious or so soft a bed as he was accustomed to, he soon fell asleep, and dreamed over again the eventful incidents of the day.
Oscar in Jail
The result of Oscar’s trial created a great stir in Brookdale. It was the principal topic of remark in every family, and in every little knot of people that happened to collect, for several days. The first mail that left Brookdale, after the trial, carried a letter from Mr. Preston to Oscar’s father in Boston, informing him of the sad intelligence. In three or four days,the father of the unhappy boy arrived in Brookdale, to see what could be done in behalf of his son. He first sought an interview with Mr. Upham, who, after a little persuasion, agreed to withdraw the complaint, if his loss, $100, were made up to him. But to carry out this arrangement, it was necessary to get the consent of the prosecuting attorney of the county, who now had charge of the case. The prosecuting attorney is an officer appointed to represent the State at the trials of criminals. Oscar having been bound over for trial, the State became a party in the suit, in place of Mr. Upham. The complaint now pending against him, was endorsed, “Commonwealth versus Oscar Preston.” The prosecuting attorney, as the representative of the Commonwealth, can discontinue a suit, if he deems the reasons sufficient. The agreement by which this is done, is called anolle prosequi, often abbreviatednol. pros.
Mr. Preston had to go to a neighboring town, some dozen miles distant, to see the prosecuting attorney. He laid before that officer the facts in the case, who, after considering the matter, agreed to the proposition, on condition that Oscar should leave the State forthwith.To this Mr. Preston consented; and on his paying over to Mr. Upham, (who had accompanied him on this visit,) the sum agreed upon, together with all the other expenses of the suit, the prosecuting attorney stayed further proceedings in the case, and gave Mr. Preston an order for the release of his son from jail.
Just one week after Oscar’s committal to the jail, his father arrived, with the order of release. The interview was not a very pleasant one. The father was evidently deeply mortified and displeased; the son was equally ashamed and embarrassed. But little was said, however, on either side. Mr. Preston returned to Boston as soon as possible, taking Oscar with him.