Fred stared at the sheriff in blank amazement at the terrible charge now
brought against him.
"I am charged with setting fire to John Rexford's store?" he repeated.
"Yes."
"And you say Mr. Rexford makes the charge?" demanded Fred, in great
excitement.
"Yes, he makes the charge," replied the officer, in a manner that was
extremely irritating to our young hero.
"I don't know what it means," answered Fred.
"You know the store was burned, I suppose?" said the sheriff
sarcastically.
"I do, sir; but what has that to do with me?"
"The question is one that must be answered by the court. My duty is to
see that you appear there for trial."
"When will the trial be?" asked Fred, pale and depressed.
"At two o'clock this afternoon you must appear before Justice Plummer."
"Can I remain at work till then?"
"No; you must go with me."
"Is it necessary for me to go to the lockup?" asked Fred, shrinking with
natural repugnance from such a place.
"It is, unless you can furnish surety for your appearance at the trial."
"If I promise to be there, isn't that enough?"
"I should not be doing my official duty to let you off on your promise,"
answered the sheriff.
"I would rather stay with you until two o'clock than go to the lockup."
"My time is worth too much to waste. I have a great deal of official
business to attend to," said the officer; and after a pause, he added,
"But if you were to give me five dollars, cash down, I think I could fix
it for you."
"I haven't so much money with me, but I promise to pay it to you."
"I should prefer the cash."
Fred went to Mr. Farrington, accompanied by the sheriff, to try and
borrow money enough to make up the five dollars, and to ask advice. His
kind employer took him to one side and spoke low, so that the officer
could not hear him. After getting the facts of the arrest, and asking a
few questions, which were answered satisfactorily, Mr. Farrington turned
to the sheriff and said:
"I am surprised, Mr. Coombs, that you should try to scare this boy into
paying you five dollars, with the threat of taking him to the lockup. I
had a better opinion of you than this," he added emphatically.
Officer Coombs hung his head and colored. He lost the official bearing
with which he had so impressed our young friend.
"I am responsible for his appearance at the trial," he at last answered,
in defense of his position.
"Very well; that is no reason why you should take advantage of an
innocent boy who knows nothing of the law. I will go surety for him, and
will be present at the trial. If you want me to give a bond for his
appearance I will do so."
"It would be right to have the bond, but I will not ask it from you. I
have faith in you, you see," said the sheriff, trying to win back his
good opinion by a bit of flattery.
Mr. Farrington shrugged his shoulders. Turning to Fred, he told him to
go to his work, and promised that at the appointed time he would
accompany him to the trial.
Of course Fred had to tell his parents at noon what had happened. They
were alarmed at first at so grave a charge, but became calm, as they
felt sure they could prove Fred was at home on the night of the fire.
"I think the tide will turn now, Fred," said his father. "You have had
more than your share of ill luck, but I am proud of you, that you stand
up under fire like a man."
"I hope it has turned, father, and I am glad of your approval. This
charge, though, seems to be one of malice."
"It does seem so; but we can tell at the trial whether it is or not."
Justice Plummer was a middle aged man, with a kind, intellectual face.
He spoke slowly and thoughtfully. When our hero entered he greeted him
in a kindly way.
"I am sorry to see you here, Fred," he began, "and I hope no evidence of
guilt will be found against you. Though I feel a friendly interest in
you, it is my duty, as you know, to decide the case impartially."
"I know it is, judge," replied Fred, "and I think the evidence will
prove my innocence."
John Rexford now came in with his lawyer, Mr. Clarence Ham, a young man
noted for his eloquence.
Mr. Rexford was sworn as a witness, and deposed that he had strong
grounds for believing his store was burned by an incendiary, and that he
had reasons for suspecting Fred Worthington to be the guilty party,
though he admitted that he had little or no real proof to sustain this
belief.
He gave his evidence upon the facts that led him to think the store was
maliciously burned. Sheriff Coombs added his testimony upon this point.
These facts, having been already given, need not be repeated.
"This testimony gives no absolute proof that the store was burned by an
incendiary," said the judge.
"But I submit that the circumstances--the facts, if you please--lead to
that conclusion," put in attorney Ham.
"To be sure, they give rise to a strong suspicion that it was, but
unless we get further testimony to this end, the court cannot hold the
prisoner for trial."
Mr. Rexford now gave his evidence, showing why he suspected Fred of
being the guilty party.
This being simply a hearing before a justice, Mr. Farrington was allowed
to serve Fred in place of a lawyer.
"You say," said Mr. Farrington, addressing the witness, "you thought at
the time you discharged Fred Worthington from your employ that some sort
of revenge would follow. Will you kindly state why you thought so?"
"His manner indicated it."
"In what way, please?"
"He was very saucy and impudent."
"In what manner was he impudent?"
"He threatened me."
"Simply because you informed him you wouldn't need his services longer?"
"Well, yes, that is about it," answered the witness hesitatingly.
"The court would like to know the exact facts," said Judge Plummer.
"I shall endeavor to give them," answered the witness.
"Then please state in what way he threatened you," said Mr. Farrington.
"It was in his manner. I had to conciliate him to save trouble. I was
absolutely afraid of him."
"In what way did you conciliate him?"
"By modifying my statement."
"What was your statement?"
"It was something about his taking money from my drawer."
"You charged him, then, with stealing?"
"Not exactly."
"This was the point, however, that you modified?"
"Yes."
"Did that satisfy him?"
"Well, yes, it seemed to," admitted the witness reluctantly.
"Then, Mr. Rexford, your testimony shows that Fred Worthington did not
complain at being discharged, but at a statement which you had no right
to make. I judge he simply acted as any proud spirited boy would have
done."
John Rexford grew fidgety.
"Was there any other cause for his being impudent?"
"No."
"No question of settlement, I suppose?"
"Nothing worth speaking of," answered the witness, growing very nervous.
"As it may have some bearing upon this case, you will please state what
it was."
Mr. Farrington had a whispered consultation with Fred at this juncture,
which made the merchant very ill at ease, and caused him to testify more
fully upon the point than he otherwise would have done.
"I at first thought I would keep the amount due him to make up my loss;
but his manner was so hostile that I feared he would injure me in some
way, so I gave him the money."
"Did he threaten you with personal violence?"
"No."
"He made no threat at all, then?"
"As I said, after thinking the matter over, I thought it would be policy
to pay him," answered the witness, trying to evade the point.
"But you have not answered the question. Did he, or did he not, make any
sort of a threat which caused you to change your mind?" demanded Mr.
Farrington.
"Well, yes, in a certain sense."
"In what sense?"
"He threatened to make false statements about my business."
"Would these statements have injured you?"
"They might have, for a time."
"You are sure the statements he threatened to make were false, with no
foundation of truth," asked Mr. Farrington.
The witness hesitated. He saw Fred looking him square in the eye, and he
shrank from answering, for he realized that the truth would probably be
brought out by his former clerk.
"Yes, sir, I am sure they were false," he finally answered, while
inwardly anathematizing himself at being caught in such a trap. He felt
that Fred was getting the better of the case, and that, too, by his own
testimony.
"In your testimony, Mr. Rexford, you said Fred Worthington impressed you
at the time of his discharge with the idea that he would do you some
subsequent harm. Was that impression founded upon his attitude of self
defense?" asked Judge Plummer, in his slow, thoughtful way.
"No, sir, not that."
"Will you state, then, what caused you to form such an opinion?"
"Of course I could not tell his thoughts, but the deep study he seemed
to be in convinced me that he was revolving in his mind some plot to be
revenged on me for discharging him."
"This cannot be considered evidence," replied the judge. "His thoughts
might have run upon an entirely different subject."