CHAPTER XXI.A DAY OF TRIAL.DURING the week that preceded his trial Myles did not care to be seen on the streets more than he could help. It was very unpleasant to be recognized and pointed out as the reporter who had robbed a safe, and to have people turn and stare at him. So he spent most of the time in his room consulting with his friends or reading and answering the long letters from home that either his mother or Sister Kate wrote to him every day. These were of the greatest comfort to him, and more than any thing else enabled him to bear cheerfully the painful suspense of this time of waiting.His case was to be called on Monday, and on Sunday afternoon, feeling a great desire for exercise and fresh air, Myles went for a long walk up the side of a mountain, back of the town. He climbed nearly to the top, and then sat down to enjoy the quietbeauty of the panorama outspread before him. The maples wore their brilliant autumn dresses and splashed the landscape with irregular patches of scarlet and gold; in and out among them wound the gleaming steely blue of a river; white farmhouses and red barns dotted the fields that stretched back from it, and the quiet town lay as though asleep at his feet. The whole glowing picture, bathed in waves of unclouded sunlight, was bordered by a soft blue frame of dim encircling mountains.Lulled by the influence of the scene Myles fell into a reverie, from which he was roused by a rustling in the bushes close beside him. Before he could move from his position they were parted, and from them stepped a little boy, hatless, ragged, and barefooted. The child looked earnestly at the young reporter for a moment, and then, without a word, thrust a bit of paper into his hand. Almost as he did so he sprang back into the bushes and disappeared. There was a slight rustle and all was still as before. Myles curiously unfolded the bit of paper thus left with him and saw that it contained a few words written with a lead-pencil. They were:“Yours received. Will be on hand when wanted. Would have come anyhow for little Bob’s sake.“Hastily but gratefully yours,J. A.”Myles’ plan had worked, and Jacob Allen would appear to testify in his behalf. The news was too good to keep. He must go at once and tell it to Captain Ellis and Billings. Hurrying down the narrow pathway Myles had nearly reached the foot of the mountain, when, without a warning, he found himself face to face with Ben Watkins. There was a moment of embarrassed hesitation, and then, moved by a sudden impulse, Myles exclaimed:“What is it all for, Ben? Why are you trying to ruin me?”“I think I should be the one to ask why have you tried to ruin me ever since we first met,” replied Ben, bitterly.“I try to ruin you, Ben Watkins!” cried Myles, amazed at the charge. “Such an idea never entered my head. I tried to save you from yourself that night we met in your uncle’s office; but I never even wished to harm you in my life.”“You didn’t, eh?” sneered Ben. “Who was my rival in the college crew? Who made me the laughing-stockof all the fellows at New London? Who took the key to the safe, promising to return it before it should be called for, and then failed to keep that promise? Who did all these things if not you, Myles Manning?”“All that is absurd, Ben, and you know it. Our college rivalry was an honorable one and could do no harm to either of us. I had nothing whatever to do with that New London affair, and was as greatly surprised at the way it turned out as you were. In regard to the safe business, I own that my taking that key was a mistake. I did it, though, with the idea of saving you from committing a crime, and I returned it the moment I learned that your uncle had come back.”“You returned it too late all the same.”“Well, I am very sorry, and am willing to make a full explanation of that affair to your uncle, taking the blame so far as possible upon myself. But, Ben, you know I never took that money.”“I don’t know any thing about the money except that it was in the safe that night. You took the key away and when the safe was next opened it was gone.”“Is that the story you are going to swear to to-morrow?”“I shall swear to the facts,” answered Ben, evasively.“And supposing your testimony sends me to prison for a crime you know I never committed?”“I shall be very sorry, of course, to see an old classmate in such a fix; but I don’t know what I can do to help it. The law must take its course.”“You will live to regret this, Ben. Take my advice: straighten this matter out while there is yet time and before it goes any further,” said Myles, earnestly.“I think the chances are that the regrets will be on your side rather than on mine, and as for your advice, Mr. Reporter, I have not asked it, nor do I want it,” replied Ben, roughly.As he spoke he pushed past Myles and went on his way, while the other continued on into the town, with a heavy heart.The day of the trial broke bright and fair. Soon after breakfast the sheriff called at the hotel for Myles and took him to the court-house. Billings, in his capacity of reporter, was allowed to accompany his friend. The case had excited great interest inthe town, and long before the court-room doors were opened they were surrounded by an eager crowd of would-be spectators. After the judge, jury, lawyers, and reporters had been admitted by a back door, and were in their places, the great front-door was thrown open and the crowd rushed in, almost instantly, occupying every available space.The court was declared open for business, and the judge announced that the case for its present consideration was that of the A. & B. Railroad Company against Myles Manning, and asked if both sides were ready for trial.Both Captain Ellis and the counsel for the company answering that they were, Myles was ordered to stand up. He did so, and the judge, looking keenly at him through his spectacles, said:“Myles Manning, you stand accused of robbing the safe in the office of the division superintendent of the A. & B. Railroad, at this place, of an express package containing one thousand dollars. What have you to say to this charge? Are you guilty, or not guilty?”“Not guilty!” answered Myles in a clear, steady voice, gazing full into the face of the judge.“Let the case proceed,” said the latter, settling himself comfortably back in his big arm-chair.Myles resumed his seat, and the counsel for the company opened the case with a brief address to the jury, stating its nature and what he hoped to prove concerning it.The first witness called was the landlord of the hotel, who identified Myles as having registered at his house on the very day that the date of the express package showed it to have reached Mountain Junction. He testified that Myles and Ben Watkins were apparently on friendly terms, and that, during the evening while they were together in the latter’s room, a quantity of wine was ordered up there. Then he described how, in the evening of the following day, as Myles was about to go out of town, he had presented his bill for five dollars, and his guest claimed to have no money with which to pay it; how he had left his watch as security; how the next morning he had presented a fifty-dollar bill to be changed, at the same time ordering him—the landlord—in a most offensive manner to take his pay out of that and return the watch immediately. Then he testified to depositing that bill in the bank on thefollowing Saturday; to the visit of himself, the superintendent, and Ben Watkins, to the room formerly occupied by Myles—and to the discovery in it of the empty express envelope beneath the carpet. This witness was allowed to go without cross-examination.The next witness called was Lieutenant Easter, who, as befitting the importance of the occasion, appeared in full uniform, and created no little merriment by tripping over his dangling sword as he mounted the stand.His answers were rambling and incoherent, but his testimony was to the effect that on the evening of Mr. Manning’s arrival at the hotel he had joined him and Mr. Watkins in a game of cards in the latter’s room; that Mr. Manning played recklessly, drank heavily, and lost his money carelessly, declaring that he knew where to get plenty more, or words to that effect. He testified to the dropping of the safe-key from Ben’s pocket, but did not know what he did with it after that. He also uttered his belief that Myles was in league with the strikers, and had furnished them with information they could not otherwise have obtained.Captain Ellis sharply cross-examined this witness, and drew from him the facts that both he and Ben Watkins had kept perfectly sober on the evening in question, that they played cards long enough to win all the money Myles had, and that they then carried him to bed. He was also forced to acknowledge that he had at different times won large sums of money from Ben Watkins, whose note for two hundred dollars he held at one time.“Do you still hold that note?” asked Captain Ellis.“No, sir.”“Why not?”“Because it has been paid.”“When was it paid?”“On the day I left this place, when Mr. Watkins and I were prisoners together in the hands of the strikers.”“Why did Mr. Watkins choose that time to redeem his note?”“He said he was afraid he would be robbed, and he wanted me to share the risk with him.”“Did it take all the money he had to pay that note?”“No, sir.”“How much did he have left?”“I don’t know.”“A hundred dollars?”“I should think more than that.”“Did he have five hundred?”“I should think so.”“That will do, Mr. Lieutenant. I expect after this disclosure of your true character you will find it rather difficult to get anybody to play cards with you again in this vicinity.”The once pompous but now crestfallen little lieutenant hurriedly took his seat amid the titters and contemptuous glances of the spectators.Several bell-boys and servants of the hotel testified to Myles’ condition on the night of his arrival and the morning after, also to the fact that he had gambled and been a loser.The telegraph operator was made, very unwillingly, to describe Myles’ agitated manner on the second evening that he was in town, upon his return from Mr. Watkins’ office. He also testified that Myles had telegraphed to his paper for money, and had acknowledged himself to be so short of funds that hehad been obliged to leave his watch at the hotel as security for a two days’ board-bill.The famous fifty-dollar bill was shown, and the treasurer’s private mark on it was pointed out to each one of the jury. The division superintendent identified the mark on the bill as being that of the treasurer of the road, while the bank cashier identified the bill as one deposited by the landlord of the hotel.The examination of these witnesses occupied the entire morning, and when, at noon, the court took a recess, public opinion had set pretty strongly against poor Myles, and many persons confidently predicted that he would serve a term in the penitentiary.Even Myles himself was greatly depressed by the seeming weight of testimony against him; but Billings was as cheerful as a cricket.“Why, my dear boy,” he cried, “the more evidence they pile up the more fun it will be for us to knock it down! You just wait till the captain begins to pour in his hot shot; if he don’t make them hunt their cyclone cellars then I’m a clam, that’s all.”When court was opened again after the recess,there was a general air of curiosity and expectation visible on all faces. The most important witness for the company had not yet been examined, and his testimony was awaited with eager interest. There was, therefore, quite a little flutter of excitement noticeable when Ben Watkins was called to the stand.He took his place with a defiant air, as though he knew exactly what he was going to say, and would like to see the man who would get any thing more or less out of him. Still, when he took the oath to tell “the truth, the whole truth, and nothing but the truth,” it was observed that he became very pale, and that his hands trembled. It was but for a moment, and then he regained a perfect self-control.The usual questions as to his occupation and duties were asked and readily answered. Then, how long had he and Mr. Manning been friends?“We were never friends,” replied Ben.“But you have been acquainted with him for some time?”“Yes; we were classmates at X—— College.”“You greeted him cordially and treated him as a friend upon his arrival here some two weeks ago?”“Of course; I was glad to see an old classmate, and tried to make his stay here as pleasant as possible.”“You have heard the testimony of Lieutenant Easter in regard to the events of that first evening. Does your recollection of those events agree with his?”“It does.”“Did the accused become intoxicated upon that occasion?”“He did.”“And gamble away his money recklessly?”“He did.”“Did he try to borrow money from you the next day?”“Yes.”“Did you lend it to him?”“No; for I knew he would only gamble it away.”“Did he know that you had the key to your uncle’s safe in your possession and that you were in the habit of concealing it in your room!”“I believe he did.”“Now, tell us in your own way what happened between you and him on the following evening.”“Well, feeling somewhat uneasy about the safety of the railroad building I went down there late in the evening—about eleven o’clock, I think. I took a memorandum-book from the safe and was sitting at my uncle’s desk looking it over, when suddenly Manning entered the office. He said he wanted a hand-car with which to run to a telegraph station a few miles out on the road and send a dispatch to his paper. I, of course, agreed to let him have it, but tried to dissuade him from going on account of the dangerous nature of the trip.“While we were talking he stepped behind me, and the first thing I knew he was looking into the open safe. I told him that was against the rules, and that I could not allow even him to remain in that position. He laughed and said, ‘That’s all right,’ but did not move away. Then I tried to push him a little to one side, so that I could close the safe-door. He resisted, and we had something very like a wrestling-match. At last we both fell to the floor, overturning the table on which the lamp stood as we did so.“Manning was underneath, and he said, ‘Let me up, Ben; we have carried this joke far enough.’ Isaid, ‘All right, I’m glad if it is only a joke,’ and let him up. When I had re-lighted the lamp Manning left, saying that he must go to the hotel for something and would meet the hand-car at the station. Then I restored the office to order, locked the safe, and went out to see about the car.”“Do you think any thing was taken from the safe at that time?”“No; I am certain there was not.”“What did you do after ordering the hand-car?”“I made the round of the buildings, caused the arrest of a striker whom I found lurking near one of them, helped extinguish a fire that broke out in one of the shops, and then, utterly exhausted, returned to my room and went to bed.”“Where was the key of the safe when you last saw it that night?”“In its usual hiding-place, beneath a pile of clothing in a corner of one of my bureau drawers.”“Was the door of your room locked?”“It was; but the keys to all the rooms are the same.”“Did Manning occupy a room near yours?”“His was only three doors away.”“Did you sleep soundly?”“I slept like a log until it was nearly time for a train we were about to run out to start. I had but a few minutes in which to dress and reach the station.”“Did you take the key of the safe with you?”“No; in my hurry I forgot even to look and see if it was still where I had placed it.”“When did you first learn that the money was missing?”“Not until late the next day, when I returned from that trip. Then I found my uncle in his office. He asked me for the safe key. I went to my room for it and discovered that it was gone. My uncle had the lock picked and we found that the package of money that had been in the safe when I last opened it was also gone.”Ben Watkins was asked many other questions, all of which he answered without hesitation, and then he was turned over to Captain Ellis for cross-examination.For two hours the captain plied him with questions designed to confuse him and cause him to contradict himself, but without success. He stuck tothe story that he had already told and could not be made to take back or alter one word of it.When asked how he happened to have so much money about him on the day that he paid Lieutenant Easter’s note he answered that he only had about three hundred dollars in all; but that it looked like more because it was in small bills: This money he claimed to have saved from his salary and to have won at cards.Thus the case stood when court was adjourned; and by this time there was hardly one among the spectators who was not fully convinced of Myles Manning’s guilt.As for Myles himself, he was utterly bewildered and in despair. If a witness, under oath, could so deliberately tell falsehood after falsehood, what chance was there for the truth to prevail? He had to acknowledge also that even thetruefacts of the case, as thus far brought to light, were greatly against him.The poor fellow was separated from his friends that night and forced to spend it in a small locked room in the sheriff’s house. It seemed almost like a prison cell, and this fact, together with the tumultof his own unhappy thoughts, completely banished sleep. So all night long he tossed on his narrow bed, longing for the light of the day that was to decide his fate.
CHAPTER XXI.A DAY OF TRIAL.DURING the week that preceded his trial Myles did not care to be seen on the streets more than he could help. It was very unpleasant to be recognized and pointed out as the reporter who had robbed a safe, and to have people turn and stare at him. So he spent most of the time in his room consulting with his friends or reading and answering the long letters from home that either his mother or Sister Kate wrote to him every day. These were of the greatest comfort to him, and more than any thing else enabled him to bear cheerfully the painful suspense of this time of waiting.His case was to be called on Monday, and on Sunday afternoon, feeling a great desire for exercise and fresh air, Myles went for a long walk up the side of a mountain, back of the town. He climbed nearly to the top, and then sat down to enjoy the quietbeauty of the panorama outspread before him. The maples wore their brilliant autumn dresses and splashed the landscape with irregular patches of scarlet and gold; in and out among them wound the gleaming steely blue of a river; white farmhouses and red barns dotted the fields that stretched back from it, and the quiet town lay as though asleep at his feet. The whole glowing picture, bathed in waves of unclouded sunlight, was bordered by a soft blue frame of dim encircling mountains.Lulled by the influence of the scene Myles fell into a reverie, from which he was roused by a rustling in the bushes close beside him. Before he could move from his position they were parted, and from them stepped a little boy, hatless, ragged, and barefooted. The child looked earnestly at the young reporter for a moment, and then, without a word, thrust a bit of paper into his hand. Almost as he did so he sprang back into the bushes and disappeared. There was a slight rustle and all was still as before. Myles curiously unfolded the bit of paper thus left with him and saw that it contained a few words written with a lead-pencil. They were:“Yours received. Will be on hand when wanted. Would have come anyhow for little Bob’s sake.“Hastily but gratefully yours,J. A.”Myles’ plan had worked, and Jacob Allen would appear to testify in his behalf. The news was too good to keep. He must go at once and tell it to Captain Ellis and Billings. Hurrying down the narrow pathway Myles had nearly reached the foot of the mountain, when, without a warning, he found himself face to face with Ben Watkins. There was a moment of embarrassed hesitation, and then, moved by a sudden impulse, Myles exclaimed:“What is it all for, Ben? Why are you trying to ruin me?”“I think I should be the one to ask why have you tried to ruin me ever since we first met,” replied Ben, bitterly.“I try to ruin you, Ben Watkins!” cried Myles, amazed at the charge. “Such an idea never entered my head. I tried to save you from yourself that night we met in your uncle’s office; but I never even wished to harm you in my life.”“You didn’t, eh?” sneered Ben. “Who was my rival in the college crew? Who made me the laughing-stockof all the fellows at New London? Who took the key to the safe, promising to return it before it should be called for, and then failed to keep that promise? Who did all these things if not you, Myles Manning?”“All that is absurd, Ben, and you know it. Our college rivalry was an honorable one and could do no harm to either of us. I had nothing whatever to do with that New London affair, and was as greatly surprised at the way it turned out as you were. In regard to the safe business, I own that my taking that key was a mistake. I did it, though, with the idea of saving you from committing a crime, and I returned it the moment I learned that your uncle had come back.”“You returned it too late all the same.”“Well, I am very sorry, and am willing to make a full explanation of that affair to your uncle, taking the blame so far as possible upon myself. But, Ben, you know I never took that money.”“I don’t know any thing about the money except that it was in the safe that night. You took the key away and when the safe was next opened it was gone.”“Is that the story you are going to swear to to-morrow?”“I shall swear to the facts,” answered Ben, evasively.“And supposing your testimony sends me to prison for a crime you know I never committed?”“I shall be very sorry, of course, to see an old classmate in such a fix; but I don’t know what I can do to help it. The law must take its course.”“You will live to regret this, Ben. Take my advice: straighten this matter out while there is yet time and before it goes any further,” said Myles, earnestly.“I think the chances are that the regrets will be on your side rather than on mine, and as for your advice, Mr. Reporter, I have not asked it, nor do I want it,” replied Ben, roughly.As he spoke he pushed past Myles and went on his way, while the other continued on into the town, with a heavy heart.The day of the trial broke bright and fair. Soon after breakfast the sheriff called at the hotel for Myles and took him to the court-house. Billings, in his capacity of reporter, was allowed to accompany his friend. The case had excited great interest inthe town, and long before the court-room doors were opened they were surrounded by an eager crowd of would-be spectators. After the judge, jury, lawyers, and reporters had been admitted by a back door, and were in their places, the great front-door was thrown open and the crowd rushed in, almost instantly, occupying every available space.The court was declared open for business, and the judge announced that the case for its present consideration was that of the A. & B. Railroad Company against Myles Manning, and asked if both sides were ready for trial.Both Captain Ellis and the counsel for the company answering that they were, Myles was ordered to stand up. He did so, and the judge, looking keenly at him through his spectacles, said:“Myles Manning, you stand accused of robbing the safe in the office of the division superintendent of the A. & B. Railroad, at this place, of an express package containing one thousand dollars. What have you to say to this charge? Are you guilty, or not guilty?”“Not guilty!” answered Myles in a clear, steady voice, gazing full into the face of the judge.“Let the case proceed,” said the latter, settling himself comfortably back in his big arm-chair.Myles resumed his seat, and the counsel for the company opened the case with a brief address to the jury, stating its nature and what he hoped to prove concerning it.The first witness called was the landlord of the hotel, who identified Myles as having registered at his house on the very day that the date of the express package showed it to have reached Mountain Junction. He testified that Myles and Ben Watkins were apparently on friendly terms, and that, during the evening while they were together in the latter’s room, a quantity of wine was ordered up there. Then he described how, in the evening of the following day, as Myles was about to go out of town, he had presented his bill for five dollars, and his guest claimed to have no money with which to pay it; how he had left his watch as security; how the next morning he had presented a fifty-dollar bill to be changed, at the same time ordering him—the landlord—in a most offensive manner to take his pay out of that and return the watch immediately. Then he testified to depositing that bill in the bank on thefollowing Saturday; to the visit of himself, the superintendent, and Ben Watkins, to the room formerly occupied by Myles—and to the discovery in it of the empty express envelope beneath the carpet. This witness was allowed to go without cross-examination.The next witness called was Lieutenant Easter, who, as befitting the importance of the occasion, appeared in full uniform, and created no little merriment by tripping over his dangling sword as he mounted the stand.His answers were rambling and incoherent, but his testimony was to the effect that on the evening of Mr. Manning’s arrival at the hotel he had joined him and Mr. Watkins in a game of cards in the latter’s room; that Mr. Manning played recklessly, drank heavily, and lost his money carelessly, declaring that he knew where to get plenty more, or words to that effect. He testified to the dropping of the safe-key from Ben’s pocket, but did not know what he did with it after that. He also uttered his belief that Myles was in league with the strikers, and had furnished them with information they could not otherwise have obtained.Captain Ellis sharply cross-examined this witness, and drew from him the facts that both he and Ben Watkins had kept perfectly sober on the evening in question, that they played cards long enough to win all the money Myles had, and that they then carried him to bed. He was also forced to acknowledge that he had at different times won large sums of money from Ben Watkins, whose note for two hundred dollars he held at one time.“Do you still hold that note?” asked Captain Ellis.“No, sir.”“Why not?”“Because it has been paid.”“When was it paid?”“On the day I left this place, when Mr. Watkins and I were prisoners together in the hands of the strikers.”“Why did Mr. Watkins choose that time to redeem his note?”“He said he was afraid he would be robbed, and he wanted me to share the risk with him.”“Did it take all the money he had to pay that note?”“No, sir.”“How much did he have left?”“I don’t know.”“A hundred dollars?”“I should think more than that.”“Did he have five hundred?”“I should think so.”“That will do, Mr. Lieutenant. I expect after this disclosure of your true character you will find it rather difficult to get anybody to play cards with you again in this vicinity.”The once pompous but now crestfallen little lieutenant hurriedly took his seat amid the titters and contemptuous glances of the spectators.Several bell-boys and servants of the hotel testified to Myles’ condition on the night of his arrival and the morning after, also to the fact that he had gambled and been a loser.The telegraph operator was made, very unwillingly, to describe Myles’ agitated manner on the second evening that he was in town, upon his return from Mr. Watkins’ office. He also testified that Myles had telegraphed to his paper for money, and had acknowledged himself to be so short of funds that hehad been obliged to leave his watch at the hotel as security for a two days’ board-bill.The famous fifty-dollar bill was shown, and the treasurer’s private mark on it was pointed out to each one of the jury. The division superintendent identified the mark on the bill as being that of the treasurer of the road, while the bank cashier identified the bill as one deposited by the landlord of the hotel.The examination of these witnesses occupied the entire morning, and when, at noon, the court took a recess, public opinion had set pretty strongly against poor Myles, and many persons confidently predicted that he would serve a term in the penitentiary.Even Myles himself was greatly depressed by the seeming weight of testimony against him; but Billings was as cheerful as a cricket.“Why, my dear boy,” he cried, “the more evidence they pile up the more fun it will be for us to knock it down! You just wait till the captain begins to pour in his hot shot; if he don’t make them hunt their cyclone cellars then I’m a clam, that’s all.”When court was opened again after the recess,there was a general air of curiosity and expectation visible on all faces. The most important witness for the company had not yet been examined, and his testimony was awaited with eager interest. There was, therefore, quite a little flutter of excitement noticeable when Ben Watkins was called to the stand.He took his place with a defiant air, as though he knew exactly what he was going to say, and would like to see the man who would get any thing more or less out of him. Still, when he took the oath to tell “the truth, the whole truth, and nothing but the truth,” it was observed that he became very pale, and that his hands trembled. It was but for a moment, and then he regained a perfect self-control.The usual questions as to his occupation and duties were asked and readily answered. Then, how long had he and Mr. Manning been friends?“We were never friends,” replied Ben.“But you have been acquainted with him for some time?”“Yes; we were classmates at X—— College.”“You greeted him cordially and treated him as a friend upon his arrival here some two weeks ago?”“Of course; I was glad to see an old classmate, and tried to make his stay here as pleasant as possible.”“You have heard the testimony of Lieutenant Easter in regard to the events of that first evening. Does your recollection of those events agree with his?”“It does.”“Did the accused become intoxicated upon that occasion?”“He did.”“And gamble away his money recklessly?”“He did.”“Did he try to borrow money from you the next day?”“Yes.”“Did you lend it to him?”“No; for I knew he would only gamble it away.”“Did he know that you had the key to your uncle’s safe in your possession and that you were in the habit of concealing it in your room!”“I believe he did.”“Now, tell us in your own way what happened between you and him on the following evening.”“Well, feeling somewhat uneasy about the safety of the railroad building I went down there late in the evening—about eleven o’clock, I think. I took a memorandum-book from the safe and was sitting at my uncle’s desk looking it over, when suddenly Manning entered the office. He said he wanted a hand-car with which to run to a telegraph station a few miles out on the road and send a dispatch to his paper. I, of course, agreed to let him have it, but tried to dissuade him from going on account of the dangerous nature of the trip.“While we were talking he stepped behind me, and the first thing I knew he was looking into the open safe. I told him that was against the rules, and that I could not allow even him to remain in that position. He laughed and said, ‘That’s all right,’ but did not move away. Then I tried to push him a little to one side, so that I could close the safe-door. He resisted, and we had something very like a wrestling-match. At last we both fell to the floor, overturning the table on which the lamp stood as we did so.“Manning was underneath, and he said, ‘Let me up, Ben; we have carried this joke far enough.’ Isaid, ‘All right, I’m glad if it is only a joke,’ and let him up. When I had re-lighted the lamp Manning left, saying that he must go to the hotel for something and would meet the hand-car at the station. Then I restored the office to order, locked the safe, and went out to see about the car.”“Do you think any thing was taken from the safe at that time?”“No; I am certain there was not.”“What did you do after ordering the hand-car?”“I made the round of the buildings, caused the arrest of a striker whom I found lurking near one of them, helped extinguish a fire that broke out in one of the shops, and then, utterly exhausted, returned to my room and went to bed.”“Where was the key of the safe when you last saw it that night?”“In its usual hiding-place, beneath a pile of clothing in a corner of one of my bureau drawers.”“Was the door of your room locked?”“It was; but the keys to all the rooms are the same.”“Did Manning occupy a room near yours?”“His was only three doors away.”“Did you sleep soundly?”“I slept like a log until it was nearly time for a train we were about to run out to start. I had but a few minutes in which to dress and reach the station.”“Did you take the key of the safe with you?”“No; in my hurry I forgot even to look and see if it was still where I had placed it.”“When did you first learn that the money was missing?”“Not until late the next day, when I returned from that trip. Then I found my uncle in his office. He asked me for the safe key. I went to my room for it and discovered that it was gone. My uncle had the lock picked and we found that the package of money that had been in the safe when I last opened it was also gone.”Ben Watkins was asked many other questions, all of which he answered without hesitation, and then he was turned over to Captain Ellis for cross-examination.For two hours the captain plied him with questions designed to confuse him and cause him to contradict himself, but without success. He stuck tothe story that he had already told and could not be made to take back or alter one word of it.When asked how he happened to have so much money about him on the day that he paid Lieutenant Easter’s note he answered that he only had about three hundred dollars in all; but that it looked like more because it was in small bills: This money he claimed to have saved from his salary and to have won at cards.Thus the case stood when court was adjourned; and by this time there was hardly one among the spectators who was not fully convinced of Myles Manning’s guilt.As for Myles himself, he was utterly bewildered and in despair. If a witness, under oath, could so deliberately tell falsehood after falsehood, what chance was there for the truth to prevail? He had to acknowledge also that even thetruefacts of the case, as thus far brought to light, were greatly against him.The poor fellow was separated from his friends that night and forced to spend it in a small locked room in the sheriff’s house. It seemed almost like a prison cell, and this fact, together with the tumultof his own unhappy thoughts, completely banished sleep. So all night long he tossed on his narrow bed, longing for the light of the day that was to decide his fate.
A DAY OF TRIAL.
DURING the week that preceded his trial Myles did not care to be seen on the streets more than he could help. It was very unpleasant to be recognized and pointed out as the reporter who had robbed a safe, and to have people turn and stare at him. So he spent most of the time in his room consulting with his friends or reading and answering the long letters from home that either his mother or Sister Kate wrote to him every day. These were of the greatest comfort to him, and more than any thing else enabled him to bear cheerfully the painful suspense of this time of waiting.
His case was to be called on Monday, and on Sunday afternoon, feeling a great desire for exercise and fresh air, Myles went for a long walk up the side of a mountain, back of the town. He climbed nearly to the top, and then sat down to enjoy the quietbeauty of the panorama outspread before him. The maples wore their brilliant autumn dresses and splashed the landscape with irregular patches of scarlet and gold; in and out among them wound the gleaming steely blue of a river; white farmhouses and red barns dotted the fields that stretched back from it, and the quiet town lay as though asleep at his feet. The whole glowing picture, bathed in waves of unclouded sunlight, was bordered by a soft blue frame of dim encircling mountains.
Lulled by the influence of the scene Myles fell into a reverie, from which he was roused by a rustling in the bushes close beside him. Before he could move from his position they were parted, and from them stepped a little boy, hatless, ragged, and barefooted. The child looked earnestly at the young reporter for a moment, and then, without a word, thrust a bit of paper into his hand. Almost as he did so he sprang back into the bushes and disappeared. There was a slight rustle and all was still as before. Myles curiously unfolded the bit of paper thus left with him and saw that it contained a few words written with a lead-pencil. They were:
“Yours received. Will be on hand when wanted. Would have come anyhow for little Bob’s sake.“Hastily but gratefully yours,J. A.”
“Yours received. Will be on hand when wanted. Would have come anyhow for little Bob’s sake.
“Hastily but gratefully yours,
J. A.”
Myles’ plan had worked, and Jacob Allen would appear to testify in his behalf. The news was too good to keep. He must go at once and tell it to Captain Ellis and Billings. Hurrying down the narrow pathway Myles had nearly reached the foot of the mountain, when, without a warning, he found himself face to face with Ben Watkins. There was a moment of embarrassed hesitation, and then, moved by a sudden impulse, Myles exclaimed:
“What is it all for, Ben? Why are you trying to ruin me?”
“I think I should be the one to ask why have you tried to ruin me ever since we first met,” replied Ben, bitterly.
“I try to ruin you, Ben Watkins!” cried Myles, amazed at the charge. “Such an idea never entered my head. I tried to save you from yourself that night we met in your uncle’s office; but I never even wished to harm you in my life.”
“You didn’t, eh?” sneered Ben. “Who was my rival in the college crew? Who made me the laughing-stockof all the fellows at New London? Who took the key to the safe, promising to return it before it should be called for, and then failed to keep that promise? Who did all these things if not you, Myles Manning?”
“All that is absurd, Ben, and you know it. Our college rivalry was an honorable one and could do no harm to either of us. I had nothing whatever to do with that New London affair, and was as greatly surprised at the way it turned out as you were. In regard to the safe business, I own that my taking that key was a mistake. I did it, though, with the idea of saving you from committing a crime, and I returned it the moment I learned that your uncle had come back.”
“You returned it too late all the same.”
“Well, I am very sorry, and am willing to make a full explanation of that affair to your uncle, taking the blame so far as possible upon myself. But, Ben, you know I never took that money.”
“I don’t know any thing about the money except that it was in the safe that night. You took the key away and when the safe was next opened it was gone.”
“Is that the story you are going to swear to to-morrow?”
“I shall swear to the facts,” answered Ben, evasively.
“And supposing your testimony sends me to prison for a crime you know I never committed?”
“I shall be very sorry, of course, to see an old classmate in such a fix; but I don’t know what I can do to help it. The law must take its course.”
“You will live to regret this, Ben. Take my advice: straighten this matter out while there is yet time and before it goes any further,” said Myles, earnestly.
“I think the chances are that the regrets will be on your side rather than on mine, and as for your advice, Mr. Reporter, I have not asked it, nor do I want it,” replied Ben, roughly.
As he spoke he pushed past Myles and went on his way, while the other continued on into the town, with a heavy heart.
The day of the trial broke bright and fair. Soon after breakfast the sheriff called at the hotel for Myles and took him to the court-house. Billings, in his capacity of reporter, was allowed to accompany his friend. The case had excited great interest inthe town, and long before the court-room doors were opened they were surrounded by an eager crowd of would-be spectators. After the judge, jury, lawyers, and reporters had been admitted by a back door, and were in their places, the great front-door was thrown open and the crowd rushed in, almost instantly, occupying every available space.
The court was declared open for business, and the judge announced that the case for its present consideration was that of the A. & B. Railroad Company against Myles Manning, and asked if both sides were ready for trial.
Both Captain Ellis and the counsel for the company answering that they were, Myles was ordered to stand up. He did so, and the judge, looking keenly at him through his spectacles, said:
“Myles Manning, you stand accused of robbing the safe in the office of the division superintendent of the A. & B. Railroad, at this place, of an express package containing one thousand dollars. What have you to say to this charge? Are you guilty, or not guilty?”
“Not guilty!” answered Myles in a clear, steady voice, gazing full into the face of the judge.
“Let the case proceed,” said the latter, settling himself comfortably back in his big arm-chair.
Myles resumed his seat, and the counsel for the company opened the case with a brief address to the jury, stating its nature and what he hoped to prove concerning it.
The first witness called was the landlord of the hotel, who identified Myles as having registered at his house on the very day that the date of the express package showed it to have reached Mountain Junction. He testified that Myles and Ben Watkins were apparently on friendly terms, and that, during the evening while they were together in the latter’s room, a quantity of wine was ordered up there. Then he described how, in the evening of the following day, as Myles was about to go out of town, he had presented his bill for five dollars, and his guest claimed to have no money with which to pay it; how he had left his watch as security; how the next morning he had presented a fifty-dollar bill to be changed, at the same time ordering him—the landlord—in a most offensive manner to take his pay out of that and return the watch immediately. Then he testified to depositing that bill in the bank on thefollowing Saturday; to the visit of himself, the superintendent, and Ben Watkins, to the room formerly occupied by Myles—and to the discovery in it of the empty express envelope beneath the carpet. This witness was allowed to go without cross-examination.
The next witness called was Lieutenant Easter, who, as befitting the importance of the occasion, appeared in full uniform, and created no little merriment by tripping over his dangling sword as he mounted the stand.
His answers were rambling and incoherent, but his testimony was to the effect that on the evening of Mr. Manning’s arrival at the hotel he had joined him and Mr. Watkins in a game of cards in the latter’s room; that Mr. Manning played recklessly, drank heavily, and lost his money carelessly, declaring that he knew where to get plenty more, or words to that effect. He testified to the dropping of the safe-key from Ben’s pocket, but did not know what he did with it after that. He also uttered his belief that Myles was in league with the strikers, and had furnished them with information they could not otherwise have obtained.
Captain Ellis sharply cross-examined this witness, and drew from him the facts that both he and Ben Watkins had kept perfectly sober on the evening in question, that they played cards long enough to win all the money Myles had, and that they then carried him to bed. He was also forced to acknowledge that he had at different times won large sums of money from Ben Watkins, whose note for two hundred dollars he held at one time.
“Do you still hold that note?” asked Captain Ellis.
“No, sir.”
“Why not?”
“Because it has been paid.”
“When was it paid?”
“On the day I left this place, when Mr. Watkins and I were prisoners together in the hands of the strikers.”
“Why did Mr. Watkins choose that time to redeem his note?”
“He said he was afraid he would be robbed, and he wanted me to share the risk with him.”
“Did it take all the money he had to pay that note?”
“No, sir.”
“How much did he have left?”
“I don’t know.”
“A hundred dollars?”
“I should think more than that.”
“Did he have five hundred?”
“I should think so.”
“That will do, Mr. Lieutenant. I expect after this disclosure of your true character you will find it rather difficult to get anybody to play cards with you again in this vicinity.”
The once pompous but now crestfallen little lieutenant hurriedly took his seat amid the titters and contemptuous glances of the spectators.
Several bell-boys and servants of the hotel testified to Myles’ condition on the night of his arrival and the morning after, also to the fact that he had gambled and been a loser.
The telegraph operator was made, very unwillingly, to describe Myles’ agitated manner on the second evening that he was in town, upon his return from Mr. Watkins’ office. He also testified that Myles had telegraphed to his paper for money, and had acknowledged himself to be so short of funds that hehad been obliged to leave his watch at the hotel as security for a two days’ board-bill.
The famous fifty-dollar bill was shown, and the treasurer’s private mark on it was pointed out to each one of the jury. The division superintendent identified the mark on the bill as being that of the treasurer of the road, while the bank cashier identified the bill as one deposited by the landlord of the hotel.
The examination of these witnesses occupied the entire morning, and when, at noon, the court took a recess, public opinion had set pretty strongly against poor Myles, and many persons confidently predicted that he would serve a term in the penitentiary.
Even Myles himself was greatly depressed by the seeming weight of testimony against him; but Billings was as cheerful as a cricket.
“Why, my dear boy,” he cried, “the more evidence they pile up the more fun it will be for us to knock it down! You just wait till the captain begins to pour in his hot shot; if he don’t make them hunt their cyclone cellars then I’m a clam, that’s all.”
When court was opened again after the recess,there was a general air of curiosity and expectation visible on all faces. The most important witness for the company had not yet been examined, and his testimony was awaited with eager interest. There was, therefore, quite a little flutter of excitement noticeable when Ben Watkins was called to the stand.
He took his place with a defiant air, as though he knew exactly what he was going to say, and would like to see the man who would get any thing more or less out of him. Still, when he took the oath to tell “the truth, the whole truth, and nothing but the truth,” it was observed that he became very pale, and that his hands trembled. It was but for a moment, and then he regained a perfect self-control.
The usual questions as to his occupation and duties were asked and readily answered. Then, how long had he and Mr. Manning been friends?
“We were never friends,” replied Ben.
“But you have been acquainted with him for some time?”
“Yes; we were classmates at X—— College.”
“You greeted him cordially and treated him as a friend upon his arrival here some two weeks ago?”
“Of course; I was glad to see an old classmate, and tried to make his stay here as pleasant as possible.”
“You have heard the testimony of Lieutenant Easter in regard to the events of that first evening. Does your recollection of those events agree with his?”
“It does.”
“Did the accused become intoxicated upon that occasion?”
“He did.”
“And gamble away his money recklessly?”
“He did.”
“Did he try to borrow money from you the next day?”
“Yes.”
“Did you lend it to him?”
“No; for I knew he would only gamble it away.”
“Did he know that you had the key to your uncle’s safe in your possession and that you were in the habit of concealing it in your room!”
“I believe he did.”
“Now, tell us in your own way what happened between you and him on the following evening.”
“Well, feeling somewhat uneasy about the safety of the railroad building I went down there late in the evening—about eleven o’clock, I think. I took a memorandum-book from the safe and was sitting at my uncle’s desk looking it over, when suddenly Manning entered the office. He said he wanted a hand-car with which to run to a telegraph station a few miles out on the road and send a dispatch to his paper. I, of course, agreed to let him have it, but tried to dissuade him from going on account of the dangerous nature of the trip.
“While we were talking he stepped behind me, and the first thing I knew he was looking into the open safe. I told him that was against the rules, and that I could not allow even him to remain in that position. He laughed and said, ‘That’s all right,’ but did not move away. Then I tried to push him a little to one side, so that I could close the safe-door. He resisted, and we had something very like a wrestling-match. At last we both fell to the floor, overturning the table on which the lamp stood as we did so.
“Manning was underneath, and he said, ‘Let me up, Ben; we have carried this joke far enough.’ Isaid, ‘All right, I’m glad if it is only a joke,’ and let him up. When I had re-lighted the lamp Manning left, saying that he must go to the hotel for something and would meet the hand-car at the station. Then I restored the office to order, locked the safe, and went out to see about the car.”
“Do you think any thing was taken from the safe at that time?”
“No; I am certain there was not.”
“What did you do after ordering the hand-car?”
“I made the round of the buildings, caused the arrest of a striker whom I found lurking near one of them, helped extinguish a fire that broke out in one of the shops, and then, utterly exhausted, returned to my room and went to bed.”
“Where was the key of the safe when you last saw it that night?”
“In its usual hiding-place, beneath a pile of clothing in a corner of one of my bureau drawers.”
“Was the door of your room locked?”
“It was; but the keys to all the rooms are the same.”
“Did Manning occupy a room near yours?”
“His was only three doors away.”
“Did you sleep soundly?”
“I slept like a log until it was nearly time for a train we were about to run out to start. I had but a few minutes in which to dress and reach the station.”
“Did you take the key of the safe with you?”
“No; in my hurry I forgot even to look and see if it was still where I had placed it.”
“When did you first learn that the money was missing?”
“Not until late the next day, when I returned from that trip. Then I found my uncle in his office. He asked me for the safe key. I went to my room for it and discovered that it was gone. My uncle had the lock picked and we found that the package of money that had been in the safe when I last opened it was also gone.”
Ben Watkins was asked many other questions, all of which he answered without hesitation, and then he was turned over to Captain Ellis for cross-examination.
For two hours the captain plied him with questions designed to confuse him and cause him to contradict himself, but without success. He stuck tothe story that he had already told and could not be made to take back or alter one word of it.
When asked how he happened to have so much money about him on the day that he paid Lieutenant Easter’s note he answered that he only had about three hundred dollars in all; but that it looked like more because it was in small bills: This money he claimed to have saved from his salary and to have won at cards.
Thus the case stood when court was adjourned; and by this time there was hardly one among the spectators who was not fully convinced of Myles Manning’s guilt.
As for Myles himself, he was utterly bewildered and in despair. If a witness, under oath, could so deliberately tell falsehood after falsehood, what chance was there for the truth to prevail? He had to acknowledge also that even thetruefacts of the case, as thus far brought to light, were greatly against him.
The poor fellow was separated from his friends that night and forced to spend it in a small locked room in the sheriff’s house. It seemed almost like a prison cell, and this fact, together with the tumultof his own unhappy thoughts, completely banished sleep. So all night long he tossed on his narrow bed, longing for the light of the day that was to decide his fate.