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.