DORN'S TERRIBLE MISTAKE.

Dorn Hackett's preliminary examination by a committing magistrate took

place before Squire Bodley, and was even a more important event, for

all the country around, than the inquest had been. As upon the former

occasion, the Squire's little office was crowded densely, and

apparently by exactly the same persons who filled it then,--with the

exception that the small space within the railing was somewhat more

jammed by the addition of five more persons than were there at the

time of the inquest; the prisoner, Dorn Hackett; his lawyer, Mr. Dunn;

the prosecuting attorney; the officer who brought Dorn from Sag Harbor

jail, and a reporter from New York. Peter Van Deust was seated where

he sat before, looking fearfully worn and old, as was remarked by all

who knew him and viewed with surprise the great change that had been

wrought in him within the few weeks since his brother's murder. He had

more command over himself now, however, than he showed on the first

day of the inquest; and instead of bowing his head and weeping, leaned

upon the end of the table and fixed his eyes with a hungrily keen gaze

upon the witnesses and the prisoner, as if he would fain have

penetrated their hearts to know the truth.

Lem Pawlett was called, but did not respond, and in his absence

another witness formally testified as to the facts of the discovery of

the murder. Peter Van Deust repeated his former testimony. Then the

prosecuting attorney called the name of Mary Wallace.

"Stop a moment," interposed the prisoner's counsel. "I desire to know

the object of the prosecution in calling this witness?"

"It is neither customary nor requisite," responded the prosecutor,

"for the State to give such information. At the same time, I have no

objection, under the existing circumstances, to inform the counsel

that we intend to prove, by this witness, that the prisoner was in the

vicinity of where this murder was perpetrated upon the night of its

perpetration; keeping himself in the woods, evading the sight of

former friends and neighbors, though he had not re-visited them or

made himself known among them for three years or more, and that he

parted from the person we have just called as a witness a little while

before the hour at which the murder, as we have reason to believe, was

committed."

"We are ready to admit," replied Mr. Dunn, "that the prisoner was in

the woods within a half, or possibly a quarter, of a mile of the Van

Deust homestead on the night of the murder; that for what seemed to

him good and sufficient reasons, yet very innocent ones--which the

younger portion of my hearers will possibly imagine and appreciate

more readily than the old ones--he _did_ seek to avoid meeting any

inquisitive and gossiping friends; and that he parted from the person

whom the State has just called before the hour at which the murder was

committed. I believe those admissions cover all the State desires to

show by this witness, and consequently, I do not see that there can be

any necessity, at this time, for placing her on the stand."

"None at all. We are satisfied with the admissions," assented the

prosecutor cheerfully, not at all dissatisfied with expediting

business in the close and heated quarters in which he found himself.

A look of relief, almost of pleasure, passed over Dorn's face. He had

his Mary spared the embarrassment and unhappiness of appearing as a

witness against him, for that time at least.

A man named Schooly, from New Haven, testified that he saw Dorn in his

boarding-house in that city two days after the date of the murder, and

he was then suffering from some cuts, bruises, and sprains which he

claimed to have received while running through the Long Island woods

at night.

Detective Turner bore witness to the finding in the prisoner's room in

New Haven of a pair of pantaloons and a jacket stained with blood, and

a shirt which, though it had been washed, still bore blood stains. He

further narrated that the prisoner had stoutly resisted arrest; had,

indeed, fought hard to effect an escape; and upon being overcome and

searched, had been found to have, in a belt about his body, some three

hundred dollars in gold coins--which the witness here produced for

inspection by the magistrate, and possible identification by Mr. Peter

Van Deust.

The old man looked them over a little, and then pushed them away with

a weary sigh, saying simply:

"Jacob had gold in his bag; I don't know how much. Minted coins are

all alike."

The case looked very weak for the prosecution. There was really

nothing beyond mere suspicion to connect the prisoner with the crime.

The prosecuting attorney, with a discontented look, whispered to the

detective,--who was evidently uneasy,--and shuffled over again the

pages of the testimony taken at the inquest, with a faint hope that he

might find there some previously overlooked clue to be of service now.

But there was nothing.

The prisoner's counsel leaned back to his client and whispered

exultantly: "I defy any jury, or magistrate, to find on that evidence

anything worse than the Scotch verdict of 'Not Proven.'"

"'Not Proven'?" exclaimed Dorn, "I don't want such a verdict as that.

Cast a cloud of suspicion and doubt over my whole life! No, I'd rather

be hanged at once and done with it. What I demand is a verdict of 'Not

Guilty.'"

"Better be satisfied with what you can get. 'Not Proven' would be just

as good."

"Not for me. I want to tell the Squire, and everybody, just what

happened to me that night. I'm sure that they will see I am telling

the truth, and I'll clear away this suspicion."

An older and shrewder practitioner than Mr. Dunn would have positively

refused to permit his client to imperil, by a word, the present

promising condition of his case; but he could not help entering into

the feeling of the brave, handsome and earnest young fellow who

pleaded so hard to be permitted to defend himself with the truth, and

yielded.

"If your honor pleases," he said simply, "my client requests to be

permitted to make his own statement of the events of the night in

question affecting him, or in which he had a part."

"I shall be happy to hear him," answered Squire Bodley, who was

conscious of feeling prepossessed in Dorn's favor, and desirous of

seeing him clear himself from suspicion.

The prosecuting attorney looked up with a new light of hope in his

eyes. Well he knew how even innocent persons sometimes tangle

themselves up in trying to tell a straight story, and how their

unpractised and unguarded utterances can be garbled, warped, and

misconstrued. But Dorn's manner gave him very little encouragement. In

a plain, straight-forward way, that went home with the force of truth

to the hearts of all who heard him, the young man told his brief tale

of mal-adventure on that luckless night.

Why he had come to Long Island that evening and tried to avoid being

seen by anybody but the person he came to see was, he said, his own

business--had no bearing on this affair--and he did not propose to

make any statement about that. He did not need to. Already it had in

some way become matter of public knowledge all over that end of Long

Island that he had come to see Mary Wallace, his sweetheart, who stuck

to him so well in his trouble that she had been to see him in jail.

And nobody thought the worse of him for that, certainly.

Having disposed of that matter so simply, he retold his story, from

the time of his starting to run through the woods to catch Mr.

Hollis's sloop up to his final arrival at his home in New Haven the

next morning. "Deeply I regret," he said, in concluding the narrative,

"that I do not know the two persons who assisted me; the gentleman on

horseback and the old man in the smack; and beyond measure grateful I

would be to them if they, learning of the trouble into which I have

innocently fallen, would come forward to corroborate my statement of

what happened that night."

"And you know of absolutely nothing," said the prosecuting attorney,

after a little whispering with old Peter Van Deust, who was seen to

violently shake his head, "which might lead to the discovery of the

real existence of either of those persons who, according to your very

romantic story, came so opportunely to give you their aid?" He spoke

with an affectation of incredulity, which in his heart he was very far

from feeling.

"Nothing whatever, sir," replied Dorn. "The only trace I have left of

either of them, except the memory of their kindness to me, is the

handkerchief which the little gentleman bound around my head. It has

been washed, with the rest of my clothing over which the blood flowed

from my scalp wounds, and was sent to me yesterday in the valise which

was forwarded to me from my boarding house in New Haven. I have it

with me. Here it is."

So saying he drew from one of his pockets a large white linen

handkerchief, clean and neatly folded, which he handed to the

prosecuting attorney. That official took it in an absent-minded way,

looked at it negligently, and--his mind busy with some trap he was

minded to set for the young man--then tossed the light fabric

carelessly from him upon the table. It fell before old Peter Van

Deust, who snatched it up and, after turning it from one corner to

another for close examination, suddenly startled everybody by a loud

cry and the exclamations:

"It was his! It was Jacob's! I can swear to it!"

The old man was immediately recalled to the witness-stand, and

testified with much demonstration of excitement:

"I felt that it was his as soon as I saw it, and when I examined it I

was sure of it. Jacob had some harmless, womanish ways about him. He

could sew, and knit, and embroider a little. He marked all his

clothing himself--every article of it I believe--in a very modest way;

hardly discernible at a casual glance, but very plain when you come

to look for it, as you can see on that handkerchief. Look in that

corner and you'll see his initials '_J. V. D._' worked with a single

white thread. You can hardly see it without you hold it so that the

light will show the lines of the letters lying across the threads of

the fabric. There! That way it shows plainly."

It was as he said. The letters "_J. V. D._" were unquestionably there.

Dorn sank back in his seat aghast and terrified by this astonishing

discovery. Who now believed his story of the little gentleman and the

old man in the smack? Nobody. Everybody saw that it was an artfully

concocted lie, and was indignant with him for duping them, by his

apparently ingenuous and honest manner, into momentarily believing

him. An audible murmur about the "finger of Providence" ran through

the throng, and Mr. Dunn groaned, half to himself and half to his

client:

"Oh, I was afraid you'd play the devil somehow! Why couldn't you have

let well enough alone?"

Squire Bodley, having carefully examined for himself the marked

handkerchief, said solemnly to the accused:

"Young man, you have, I fear, placed the noose about your own neck.

You will stand committed to await the action of the Grand Jury.

Without bail, of course," he added, seeing that the prisoner's counsel

had risen and seemed about to say something.

Whatever it was that Mr. Dunn had an idea of saying or doing when he

got upon his feet, he changed his mind and sat down again. The fact

was that he was as completely stunned as was his client by the

revelation that had been made. Dorn had sworn to him that he was

innocent, and he had believed it. But now--? He, even, began to have

his doubts.

At this moment a sharp-featured woman, wearing a sun-bonnet and with a

tangled lock of sandy hair hanging down her back, having literally

fought her way to the railing, leaned over it and asked the magistrate

in an acidulous whisper:

"Squire, can't I swear to something against him?"

"It would be useless, now, Mrs. Thatcher," replied the Squire, "as he

has already been committed. But your evidence might be desired by the

Grand Jury. What can you testify to?"

"I can swear," answered the woman, with eager spite, "that he's a

hardened villain, and that I believe he killed Jake Van Deust, and

that he's been keeping that fool niece of mine out in the woods to the

latest and most indecent hours of the night."

"Madam," said the Squire, with mingled dignity and contempt, "you will

excuse my saying that you are simply disgusting! Go away!"

Belford's Magazine, Vol. II, No. 3, February 1889 Dec 1888-May 1889 · 第 62 / 78 题