CHAPTER V.

THE EXAMINATION.

Squire Walcott, 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 of money, 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 this matter. You can plead guilty, or not

guilty, as you choose. But if you _did_ have 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 be whipped, 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, concluded to 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 the county 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 Oscar

seemed 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. The walls 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 short time 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.

[Illustration: 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

a _nolle prosequi_, often abbreviated _nol. 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.

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