For a moment Budd stood before the angry man abashed, and not knowing
what to say. Then the consciousness of his innocence of any wrong came
to his rescue, and he quietly said:
"Mr. Johnson, I have not robbed your house, nor have I ever been on the
island before to-day. If you will permit me to explain, I will tell you
how I came to be here."
"None of your lies to me!" angrily answered Mr. Johnson. "Your father
tried that when he robbed me, and now you want to make use of the same
trick! But whatever story you have got to tell you may tell in the
court-room, as he did; and, like him, you'll find it won't save you from
prison-walls;" and he checked every effort of Budd to speak.
"Bring a rope here," he said to one of his men, "and bind this fellow's
arms behind his back, and get ready to go with me over to the west
shore. I shall want your testimony to corroborate mine, that we found
the young rascal in the house. The rest of you can now put the house in
order."
"How shall we go over to the main-land?" asked the man, after he had
finished tying Budd's arms.
"We'll go in the prisoner's boat," replied Mr. Johnson, "and Bill, here,
can come over after us to-morrow noon. We can't swear out a warrant and
have the boy tried before that time."
With Budd between them, the two men now proceeded down to the shore
where the yawl was lying, and pushing her off, Went on board the sloop.
Scarcely had Mr. Johnson got on board the Sea Witch, however, when he
noticed the bundles Budd had put on board at Bristol, and he directed
his man to examine them.
"They contain a ham, some crackers, cheese and sugar," he reported.
"There is another proof of your guilt!" said Mr. Johnson, sternly, to
Budd. "You had brought along your provisions for another sojourn at the
house."
"Then why did I not carry them up there?" retorted Budd.
Mr. Johnson was at first puzzled for an answer, but at length said:
"You must have had accomplices, and it may be you only stopped at the
house while on your way to your present rendezvous to see what else you
could find."
"But I had nothing when I got out of the window," replied Budd.
Then he added, earnestly:
"If you will just let me explain, Mr. Johnson, you will see that I had
good reason for being on your island."
"Very likely," said Mr. Johnson, with a sarcasm that stung the lad to
the quick. "But there is just one chance I'll give you. If you will
tell where the rest of your gang is, and help us to capture them, I'll
do my best to save you; otherwise the law must take its course."
"How can I, when I have no accomplices and have not robbed you?" asked
Budd, out of patience with the obstinacy of the angry man.
"The saying that 'A lie well stuck to is as good as the truth' won't
apply in your case, at least," remarked Mr. Johnson, with rising anger;
and for the remainder of the passage he in no way addressed his
prisoner.
Arriving at the village which Budd had left only five hours before under
such happy circumstances, Mr. Johnson left him on the boat, with the
hired man to look out for him, while he went in search of the proper
authorities to perfect the lad's arrest. He had no difficulty in finding
the officers, and at eight o'clock Budd had been put into the village
lock-up, with his preliminary trial before the local justice assigned
for ten o'clock the next day.
But Budd was in no sense desponding; his head was never clearer, nor had
he ever thought more rapidly or planned better to meet a grave
emergency. He was growing older and wiser very fast. He knew, moreover,
what were his rights.
"Mr. Avery," he had said to the constable, as he was about to leave him
for the night, "I want Mr. John Benton and Peter Wright subpoenaed to
appear as witnesses for me in the morning. I also want a messenger sent
over to Fox Island for Judd Floyd. Mr. Ben Taylor will go, and my boat,
as you know, is at the wharf. Please hurry this part of my request, for
I have got to send Judd over to Bristol before my trial. Of course I
will pay all necessary expenses."
Mr. Avery promised to attend to these matters, and evidently did so at
once, for at nine o'clock he appeared again with Judd Floyd, and also
announced that the two witnesses named had had due notice to appear at
the trial.
As soon as Judd and he were left alone Budd took Mr. Dane's card from
his pocket, and asked his chum if he would go over to Bristol for that
gentleman and bring him over as a witness.
"I shall prove," he said, "that I have never been on Hope Island before
this afternoon, and that will clear me from the charge brought against
me; for Mr. Johnson has not put into his warrant that I robbed the house
to-day, as he knew such a charge could not be sustained, but that I
committed the burglary some time between the 1st of April (when he was
last on there) and to-day.
"I shall, of course, depend upon you as the principal witness as to my
residing on Fox Island.
"Mr. Wright and Mr. Benton can testify as to where I was previous to my
joining you, and Mr. Dane can testify that I did not go to Hope Island
while with him; that I bought my provisions there for our use on Fox
Island; and that I did not leave there until after four o'clock to-day.
Perhaps it is not really necessary to have Mr. Dane's testimony, but I
had rather he would be here, and you can tell him that I will pay his
expenses, and also pay him for his time."
"I'll bring him back, sure," promised Judd, rising to go.
Then he drew near to Budd and whispered:
"Shall you allude to the visit of Bagsley and his gang to Fox Island,
and what they said about Hope Island? That will be an important item,
but it will give them the clew we are trying to follow up."
"No, it won't be necessary to mention that. At the worst they can only
bind me over to a higher court, and before that trial can come off I
believe we shall have found Bagsley, and that will clear me. I don't see
how, after I have proved I was never on the island before to-day, they
can hold me a single moment."
Judd held the same opinion, and hurried off to carry out his partner's
request.
At ten o'clock the next morning the little village court-room was
crowded, for criminal trials were a novelty then, and Budd's case had
awakened a good deal of curiosity.
The Trial Justice was a little, fussy man, knowing far more about his
grocery store down the street than he did about law; but he had put on a
pompous air, and tried to manifest a dignity equal to the important
occasion.
Mr. Johnson and man were there, and with them the one lawyer the village
afforded as Prosecuting Attorney. It looked as though Mr. Johnson was
afraid he could not prove his case, and had sought all the possible help
he at that short notice could obtain.
Budd's witnesses were all there also, Judd and Mr. Dane having arrived
an hour before, and Mr. Benton and Mr. Wright having come in as the
court was called.
Budd was his own lawyer, and from his smiling face one would have
thought he felt fully able to cope with the attorney for the
prosecution.
When the charge was read, the lad in loud, clear tones, answered "Not
guilty," and the trial began.
Mr. Johnson was the first witness, and he stated briefly the condition
in which he had found his house on arriving there the morning before,
and how he had laid in wait for the return of the burglars. He described
Budd's appearance, his entrance to the house, and his capture. As he
ended his testimony, the lawyer, evidently having been previously
instructed, asked:
"Have you ever seen the prisoner previous to the time of his capture?"
"Yes," replied Mr. Johnson. "I have known him, and his father before
him, for years."
"Where is his father?" asked the lawyer.
"I object to that question," cried Budd, jumping to his feet, his cheeks
all aflame with indignation.
Before the Justice could give his ruling the answer had been given, loud
and clear:
"In the Massachusetts State Prison, serving out a twelve years' sentence
for forgery and theft."
Budd sunk back in his chair sick at heart, and almost in despair. The
mischief had been done, and the crowd knew the dread secret he had so
long hid within his own bosom. He felt for a moment that he would have
been glad to have had the prison-walls close around him, too, shutting
him from the gaze of all eyes.
Nor was the answer lost in its influence on the Justice.
"I think," he said, slowly, "that anything that throws light on the
prisoner's previous life or training will be in order here. It will
help the Court to decide whether he would have been likely to commit the
crime with which he is charged;" and the man tried to conceal the
curiosity which was already beaming from his face.
Without further interruption Mr. Johnson told his side of the story,
with which the reader is already familiar, and left the stand, having
given Justice and audience alike the impression that Mr. Boyd was a most
hardened criminal, and that the son was already following in his
father's footsteps.
His hired man then took the stand, and corroborated his employer's
testimony respecting the burglary and the capture of the prisoner. Then
the prosecution rested its case.
While Mr. Johnson was telling about Budd's father the lad sat with head
bowed, and appeared to no longer care what became of himself; but just
before the hired man finished his testimony Judd leaned over and
whispered in his comrade's ear:
"For your father's sake, make a defense."
He could not have whispered more effective words. Budd at once raised
his head and proudly faced the Court, and when the prosecution had done
he rose quickly to his feet.
"The charge with which I am accused," he said, taking the paper up,
"reads that I entered Mr. Johnson's house some time between April 1st
and yesterday, June 20th. It does not specify any charge for yesterday
at all, as I forced no entrance into the house, nor took anything away.
I shall, then, prove to this Court that previous to yesterday I had
never been upon Hope Island. I will also tell why I went there."
With these words he called Mr. Benton as his first witness. Mr. Wright
followed, and then Judd Floyd and Mr. Dane came in the order named.
All swore positively that if the prisoner had been upon Hope Island
during the specific time each was called to testify to, they would
certainly have known it.
Judd, realizing that his partner's liberty depended largely upon his
testimony, with note-book in hand told where, from day to day, he and
Budd had been, and what they had done. The testimony was absolute, and
should have been conclusive.
Budd then had himself put under oath, and testified that though he knew
Hope Island was Mr. Johnson's summer residence, no thought had ever come
to him to visit it until the previous afternoon, when he found himself
near the island.
"I then felt," he continued, "a curiosity to see the place, and landing,
went, as they have testified, boldly across the fields, because I had
nothing to be ashamed of. Finding a window open, I at once concluded
that burglars had been there, and I went in to see to what extent the
property had been injured, and it was my purpose to report to Mr.
Johnson at once the crime that had been committed. Now I would like Mr.
Johnson to be put upon the stand, that I may ask him a few questions."
Mr. Johnson, with evident reluctance, took the witness-chair for his
cross-examination.
"How long had my father worked for you previous to the crime he is said
to have committed?"
"Fifteen or sixteen years," was the reply.
"Why did you keep him so long in your employ?" Budd now asked.
"I object," said the Prosecuting Attorney.
"Your Honor," said Budd, "the prosecution have tried to injure my
character to-day by telling about my father. They have told only evil.
I wish now to show there is some good."
"I don't know as Mr. Johnson is obliged to answer these questions," said
the Justice, nodding blandly to the wealthy man, "but he may, if he
chooses."
"I decline to answer," said Mr. Johnson, after consulting with his
attorney.
"I will ask the witness one other question--one with reference to
myself--with the Court's permission," said Budd.
"Have I not, Mr. Johnson, paid you a portion of the money you claim my
father took from you?"
"I decline to answer that question also," replied Mr. Johnson, noticing
that his attorney shook his head negatively.
"May I then put in this paper as testimony?" asked Budd, taking a slip
from his pocket and extending it toward the Justice. "It is Mr.
Johnson's receipt for five hundred dollars that I paid him last March."
"I hardly think it would be proper," said the Justice, looking toward
Mr. Johnson for his approval of the ruling.
"I then rest my case," said Budd, shortly, and with some show of
indignation.
The Prosecuting Attorney now began his argument. He dwelt mainly upon
the facts that Budd had been found where he ought not to have been, and
that Judd Floyd, as his partner, was of course interested in acquitting
the prisoner. Though that witness had shown where he and the accused
were in the daytime since May 20th, he had failed to show where they
were in the _nights_, and the burglary had doubtless been committed in
the night time; burglaries usually were. He concluded by reminding the
Justice that it was not for him to find the prisoner guilty; but if, in
his judgment, he thought there was a _probability_ of his guilt, it was
his duty to bind him over to a higher court.
Budd, already aware that the Justice seemed to favor the prosecution,
simply stated in his argument for the defense what he had proved by his
witnesses, and that that acquitted him of the special charge included in
the warrant. He alluded to the general good character he had borne
since he came into the neighborhood, and concluded with the words:
"I am innocent of the crime with which I am accused. My father is also
innocent of the crime for which he is in prison to-day. One link in the
chain of establishing his innocence I have already discovered. Whatever
may be the decision of the Court to-day respecting myself, as sure as
there is a just God in Heaven, a few weeks more will see every shadow of
disgrace swept away from our names."
So positive were the lad's tones, so triumphant his gestures, so
confident his looks, that many of the audience were thrilled as though
they heard a voice of prophecy--a prophecy soon to be fulfilled.
The Justice may himself have felt, somewhat, the influence of the lad's
declaration, for he gathered up his papers with an unsteady hand, and
looked uneasily about the room and into the upturned faces waiting for
his decision. The stillness grew oppressive. Finally the eye of the
Justice rested upon Mr. Johnson, who was gazing expectantly up into the
little man's face, and the great and wealthy man's wish became the law
of the baser one's soul:
"I think," he said, speaking sharply and looking directly at Mr.
Johnson, "there is sufficient probability of the prisoner's guilt to
warrant my binding him over to the higher court, which meets at the
county seat in November."
Then, to Budd:
"I'll fix your bond at one thousand dollars, and unless you can furnish
a bondsman I will have to commit you to the county jail to await your
trial."