The testimony so far had very little weight, and really told against the
merchant more than it did against our young friend.
The track in the sawdust, however, which was measured, and which was
found to be the same size as Fred's shoe and of the same general shape,
was very good evidence, and being testified to by both Mr. Rexford and
the sheriff, went far toward bringing our hero under suspicion of having
committed the crime.
The merchant's lawyer grew eloquent over this point, but his spread
eagle style failed to impress the quiet, thoughtful judge to any great
extent.
The testimony for the prosecution now being all in, Fred was put upon
the stand, and testified that he was at home the night of the fire, had
been at home all the evening, and was in bed when the cry of fire was
sounded.
"How long had you been in bed?" asked attorney Ham.
"About two hours, I think," answered Fred.
"Are you sure about that?"
"I can't say it was exactly two hours, but I know it was not far from
nine o'clock when I retired, and it was about eleven when the alarm of
fire awoke me."
"Were you asleep when the alarm was started?"
"I was."
"I have no more questions at present to ask the witness," said the
lawyer to the judge.
"I have one I would like to ask the witness," said Mr. Farrington, and
then addressing Fred, he said:
"John Rexford testified that you threatened to make false statements
about his business if he kept the money due you. Is this true?"
"I object to this question," said attorney Ham, who had learned the
merchant's great desire to avoid further testimony upon this point. "It
has no bearing upon this case."
"It does have a bearing upon the case, and I have a special reason for
wanting an answer to my question," replied Mr. Farrington.
"The witness may answer," said the judge.
"Your honor," put in Ham, "I protest against bringing in the private
business of my client, which has no relation to this case."
"This case is entirely one of circumstantial evidence," replied the
judge, "and it is important that we get at the facts regarding the boy's
character. The witness will answer the question."
"No, sir, it is not true."
"Did you make no threat whatever?"
"When he said he would keep my money, I told him it was a mean trick,
but not much meaner than I had seen him play upon his customers."
"What reply did he make?"
"He asked me if I meant to insinuate that he cheated his customers."
"And you replied?"
"I said I did."
"What followed?"
"He threatened to have me arrested."
"And what did you say to that?"
"I replied that I would like to have him do so, for I could then tell
some things about his methods that would make a stir in the village."
"This, then, is the threat you made?"
"Yes, if you call it a threat," answered Fred.
"Mr. Rexford's testimony does not agree with yours upon this point,"
said the judge. "Was there no statement about any special subject which
Mr. Rexford considered false?"
"There was a reference to one or two matters," replied our young hero
evasively.
The merchant now looked pale and wretched. His crooked business methods
were about to be made known, and such a disclosure, coming right upon
the loss of his store, was crushing to him.
"You will please state one of them," said the judge.
"I would prefer not to," said Fred.
"Why do you hesitate?" asked his honor.
"Because I do not wish to reveal matters about my employer's business
that should be considered confidential."
"It is honorable in you to be so considerate of your former employer,
and especially as he is now trying to establish a case against you. As
you are only a boy, I consider it but right that I should advise you to
show, if you can, that you did not threaten to make a false statement
regarding his business. Such proof would aid your case and show well for
your character."
Fred hesitated, thinking what he ought to do. Mr. Rexford took advantage
of the pause, and asked if he would be allowed to speak a word upon this
point before it was carried further. As no objection was raised by the
defense, he said:
"I must acknowledge an error in my testimony regarding Fred's threat of
a false statement. I was so wrought up over the matter that I hardly
understood the exact language, but now I have heard his testimony it all
comes back to me. His statement is essentially true."
This was an unexpected turn for matters to take. It was, however, less
surprising to Fred than to the judge, and to those drawn by curiosity
to the trial. The reason for Mr. Rexford's retraction was very evident,
and caused many a significant glance, and here and there an exchange of
opinions upon the matter in an undertone.
Though humiliating, it was nevertheless a fortunate move for the
merchant, and he was lucky to get out of his own trap so well.
Fred was looked upon at first by the villagers present as being without
doubt guilty, but now they began to have some admiration for him; and as
the tide turned in his favor it set against the merchant, till at length
our young friend was the more popular of the two.
Fred's father and mother both corroborated his testimony upon the point
of his being at home all the evening on the night of the fire, and
stated that he retired to bed at about nine o'clock.
They were questioned by lawyer Ham as to whether Fred could have left
the house and returned, unknown to them, between the hours of nine and
eleven o'clock, when the fire was probably set.
Their testimony upon this point evidently satisfied Judge Plummer that
Fred was innocent of the charge John Rexford had brought against him,
for after carefully going over the testimony on both sides, he said:
"I find nothing in the evidence that would tend to place suspicion upon
Fred Worthington, who is charged with maliciously burning John Rexford's
store. The testimony for the prosecution has no real weight, while that
for the defense is strong, indisputable evidence, that removes all doubt
as to the boy's whereabouts during the two hours when the fire must have
been set, if it was set at all. I therefore discharge the accused, as no
evidence has been offered that would justify me in holding him;" and
then turning to our hero with a friendly smile, he added: "Fred, you can
go. It is clear that you are innocent of the charge made against you."
"I thank you sincerely," said Fred, with an expression of true
gratitude.
"Before you go, Fred, I wish to congratulate you upon the way you have
acquitted yourself during this trial," said Judge Plummer, taking him by
the hand. "Placed under fire as you have been, but few boys would have
displayed the manhood you have shown."
Our young friend was profoundly moved at these kind, reassuring words,
coming as they did from one who had the power to hold him for a grave
crime.
Fred's parents were very happy at the outcome of the trial, and at Judge
Plummer's complimentary remarks to their son, their only child. But
scarcely less gratified than they was Mr. Farrington. He not only felt
pride in triumphing over the somewhat wordy lawyer Ham, but genuine
satisfaction and pleasure that Fred should be cleared of all suspicion
in this case.
John Rexford was defeated, dissatisfied, miserable. He had injured
himself and helped his discharged clerk, who he still thought had
something to do with the destruction of his store. He now quickly
withdrew from the place of the trial before any one could approach him
to intensify his misery by questions upon the various points of
evidence.