SOME THINGS PUT AT REST.
At the January term of the Court, the case of Ohio _vs._ Myers, came
up; and the defendant failing on his motion to continue, the case was
brought on for trial, and a jury was sworn. His principal counsel was
Bissell, of Painesville, a man of great native force and talent, and
who in a desperate stand-up fight, had no superior at that time in
Northern Ohio. He expected to exclude the confession, on the ground
that Myers had been induced to make it upon representations that it
would be for his advantage to do so; and if this could be got out of
the way, he was not without the hope of finding the other evidence of
the State too weak to work a conviction.
The interest in the case had not abated, and a great throng of people
were in attendance.
Hitchcock, with whom Henry Ridgeley was in company at the time of his
death, then an able lawyer, was the prosecuting officer, aided by the
younger Wilder, who had succeeded Henry as his partner.
Wilder was a young lawyer of great promise, and was the active man in
the criminal cases.
He stated the case to the court and jury, saying among other things,
that he would not only prove the larceny by ordinary evidence, but
by the confession of the prisoner himself. Bissell dropped his heavy
brows, and remarked in his seat, "that he would have a good time doing
that."
Wilder called one of the officers who made the arrest, proved that
fact, and then asked him the plump question, in a way to avoid
a leading form, whether the prisoner made a confession? Bissell
objected, on the ground that before he could answer, the defendant
had a right to know whether he was induced to make it, by any
representations from the witness or others.
Wilder answered, that it did not yet appear that a confession had been
made. If it should be shown that one had, it would be then time to
discuss its admissibility; and so the court ruled; and the witness
answered that Myers did make a full confession. Wilder directed him
to state it, Bissell again objected, and although Wilder urged that he
had a right to go through with his witness, and leave the other side
to call out the inducement, if any, on cross-examination, the court
ruled that the circumstances under which the confession was made was
a preliminary matter that the defendant had a right to show. When the
witness answered to Bissell, that he told Myers after his arrest that
they knew all about the larceny, but did not know who his accomplices
were, and that if he would tell all about them he would undoubtedly
be favored; and that then the defendant told his story. Upon this
statement, Wilder cross-examined the witness, and managed to extract
several items of the confession, when the court held that the
confession was inadmissible.
Myers drew a breath of relief, but Bissell's brow did not clear. He
knew that the State had gained all it expected to; it had proved
that a confession was made, which was about as bad as the confession
itself. Under this cloud, Wilder called his other evidence, which of
itself, was very inconclusive, and which, with the added weight that a
confession had been made, left much uncertainty as to the result, and
Bissell was girding himself for the final struggle. Wilder then
called the name of John T. Greer--when the head of Myers dropped, and
midnight fell upon the brow of Bissell.
Placidly and serenely, that gentleman answered the call, and took the
stand--seemingly the only unconcerned gentleman present. He said that
he knew Myers well--had known him for years; that on the morning
after the larceny, he saw him and another man, at McMillan's, near
Youngstown; that they brought with them a pair of horses, which he
described exactly as the stolen horses, and that Myers told him they
got them the night before, at Conant's barn in Troy; that he denounced
Myers to his face as a horse thief, and threatened to expose him.
This evidence produced a prodigious sensation. Bissell put the witness
through a savage cross-examination. In answer to the questions, he
said that Myers and himself, and others, belonged to an association,
of which Jim Brown was the head, for manufacturing paper currency and
coin, and supplying it at various points; had never passed a dollar
himself; that he broke with Myers because he was a thief, and no
gentleman; that the association had never had any connection with
running off horses, &c.
"To whom did you first disclose this act of Myers?"
"To a young lawyer at Jefferson, in his private room."
"Who was he?"
"Barton Ridgeley." Great sensation, and men looked at one another.
"Did he belong to your financial association?"
"Never!" Sensation.
"Why did you go to him?"
"I had a little acquaintance with him, and had great confidence in
him. I wanted to consult somebody, and I went to him." He went on to
say that he consulted him as a lawyer and not as a friend; that when
he told Ridgeley of the association, which was drawn out of him by a
cross-examination, Ridgeley told him at once, that while he would
not use this against the witness, he certainly would against his
associates. That soon after Mr. Wade came in, and he found out that
Ridgeley had managed to send for him. That Ridgeley then insisted
that he should tell the whole story to Mr. Wade, and he did. That Wade
called in a United States Deputy Marshal, and induced the witness to
make an affidavit, when the Marshal went to Columbus, got warrants,
and arrested Brown and others.
He was asked what fee he paid young Ridgeley, and he answered,
nothing. He offered him a liberal fee, and he refused it. He
understood Ridgeley had gone East, but did not know; nor who furnished
him with money.
The prosecution rested.
Wade was present, and Bissell called him; and in answer to Wilder,
said he proposed to contradict Greer. Wilder replied, that although
he was not entitled to such a privilege, yet he had no objection; and
Wade, in the most emphatic way, corroborated Greer throughout. He said
that Ridgeley was at that time at the Albany law-school, and would
soon be back to answer for himself; and when asked if he was not poor,
answered, that friends always came to such young men, with a glance at
the bench, where Markham sat with Humphrey. The perfect desperation of
his case alone warranted Bissell in calling Wade, with whose testimony
the trial closed; and on the verdict of guilty, Myers was sentenced
to the Penitentiary for ten years. And for the third or fourth time
Barton's acquaintances were disposed to regard him as a hero.