At the bottom of the note was a well-drawn hand with spread fingers
at the end of a man's nose.
When all the officers had returned, dropping in one by one, towards
morning, they were somewhat surprised and relieved upon beholding
Malcolm. He informed them that it would be all right if they would all
appear at his trial and laugh for him.
At the trial, Mr. Burchard, care-worn and nervous, made his
appearance. Mr. Waters conducted the testimony for the defence. Mr.
Burchard inquired of him what testimony Malcolm relied upon, and was
answered that no testimony whatever was to be introduced, but he would
rely altogether upon the lack of testimony on the part of the
government. A cold shiver ran down Burchard's backbone. The question
of guilty or not guilty turned upon the identity of the mat previously
spoken of, which, it was asserted, Malcolm threw away as he ran. The
watchman testified positively to the fact, but it was in the night,
and he might have been mistaken. Mr. W. H. B. testified generally as
to the robbery, and recognized the mat as probably the one made by his
daughter, although he could not positively make oath to the fact. As
the case turned upon the testimony of Miss B., I give the whole of the
cross-examination.
_Question by Mr. Waters._ You have said that you _know_ this mat to
have been the work of your own hands, and that you made it
for a particular purpose. If you please, what was that
purpose?
_Answer._ I had presented me on Christmas a fine statuette
of Samuel, which I admired so much that I worked this mat
with great care upon which to place it.
_Q._ And did you work it from a pattern?
_A._ Yes, sir.
_Q._ And have you ever seen others like it?
_A._ Yes, sir, three, but not in this city.
_Q._ And where did you get the pattern?
_A._ From a friend in Philadelphia.
_Q._ Now, if you have seen other mats like this, how do you
know, of your own knowledge, that this is not some other
lady's work?
_A._ I know it is my work because the centre portion of the
mat was left plain, which centre is exactly the size of the
base of my statuette.
_Q._ Is there any other reason which you can give?
_A._ I know it looks like my mat.
_Q._ Certainly, but would it not look like your mat if it had
been wrought by another lady?
_A._ Perhaps so.
_Q._ You say _perhaps_ so; would it not certainly so look?
_A._ I think it would.
_Q._ Have you the statuette now?
_A._ Yes, sir, it is at our house.
At this point of the trial the statuette was sent for and brought into
court by the father of the witness. Mr. Waters took it into his
possession. Considerable discussion arose when the prosecuting
attorney insisted upon being allowed to examine it. Mr. Waters became
almost violent, and declared he would smash the image rather than be
so imposed upon. He was cross-examining the witness with no testimony
for the accused, and he insisted upon his rights without interruption.
The court ruled in Mr. Waters's favor. He, holding the statuette by
the base, walked up to Miss B., and inquired of her if she recognized
it as her own.
_A._ I certainly do.
_Q._ And how do you know it is certainly your own?
_A._ It is just like mine.
_Q._ But are there not other copies so like it as that you
cannot tell the difference, nor one from the others?
_A._ Yes.
_Q._ How then can you say for a certainty that this is yours?
_A._ Because my father has just brought it from our house,
and I saw him go for it and return with it. I can give no
better reason.
_Q._ Can you say of your own knowledge, from an examination
of the image, that it is yours?
_A._ No, sir.
_Q._ Have you any more reliable knowledge concerning the mat
being yours?
_A._ Yes, for the space in the middle was made expressly to
fit the base of the statuette.
_Q._ And are you willing to risk your testimony upon that
fact alone?
_A._ I am.
The mat and the statuette were then shown the witness and the jury,
and the base of the statuette overlapped the plain surface in the
centre of the mat half an inch. The witness became faint, and was
carried into the lobby. The jury, without leaving their seats,
rendered a verdict of NOT GUILTY.
The captain feasted Malcolm that night, and obtained from him the
secret of his defence. Maguire, as a woman, had procured the situation
of cook in the house of Mr. W. H. B., and had substituted for the
original Samuel another, altogether similar, except that its base was
half an inch larger.
The captain further inquired what had been Malcolm's occupation in
early life, and how he had acquired so much knowledge of the gourmands
and feasts.
"I was cook at Baden Baden," said Malcolm, "at the B---- House. There
I met Count S., who took a fancy to me. I served also at the tables,
after that as waiter in the house, and keeping an eye open I was a
great help to the Count. He knew everything about the table, kitchen,
and the larder, and I remembered what he used to repeat night after
night, when a year or two ago I found Dick Humelbergius's book upon
the art of never breakfasting at home and always dining abroad. I
found everything recorded there, and that is pretty much the only book
I ever read. I can quote Latin, and know where to put it in, but what
the ---- the meaning of it is, I have no notion."
"Allow me further to inquire by what process or contrivance you can
slide a bolt on the opposite side of the door?"
"I paid $3500 for that information, and don't propose to part with
it."
"Then advise me what is best for me to do when I find a burglar in my
sleeping-room in the night time?"
"Do nothing, sir, unless you are hunting up a graveyard. We never
desire to maim or kill, but we can. I should be poorly provided or
skilled if I was not ready for such emergencies. As soon as the
burglar leaves your room, rise and light the gas, and he will trouble
you no more."
"One other question. Did you rob and then burn the Jenks house?"
"That is not a question to be answered, but I will say that I have a
drawing of the house and the location of every piece of furniture in
it, which is perfect."
To this day, only two of the persons who were present at the
dinner-party are aware of the history of the two worthies, the
Reverend Mr. Malcolm of Oxford and Maguire the butler of Mr. Bernon
Burchard.