CHAPTER XXX.

_The Trial._--_An unexpected Witness._--_A convincing Story._--_An

able, but fruitless Defense._--_A verdict of Guilty._--_The triumph

of Justice._

The trial of William Bucholz for the murder of Henry Schulte began in

the old Court House at Bridgeport on the ninth day of September, and

a ripple of excitement pervaded the city. The interest attaching to

this case had extended beyond the locality in which it had occurred,

and the reporter's table was crowded with representatives of the

various metropolitan journals who designed giving publicity to the

proceedings of the trial.

The judges, solemn and dignified, were upon the bench. The lawyers,

bustling among their books and papers, were actively engaged in

preparing for the scenes that were to follow, while the State's

attorney, quiet and calm, but with a confident look of determination

upon his face, awaited the production of the prisoner and the formal

opening of the case.

Bucholz had engaged the services of three lawyers--General Smith, who

had acquired considerable fame as an attorney; Mr. Bollman, who had

been connected with the case from its inception, and Mr. Alfred E.

Austin, a young member of the bar, who resided at Norwalk.

The sheriff entered with his prisoner, and placed him in the dock, to

plead to the indictment that was to be read to him, and upon which he

was to be placed upon trial for his life.

He entered with the same careless, jaunty air which had marked his

first appearance at South Norwalk, and except for a certain

nervousness in his manner and a restless wandering of the eager

glance which he cast around him, no one would have imagined that he

stood upon the eve of a trying ordeal that was to result either in

sending him to the gallows or in striking from his wrists the

shackles that encircled them, and sending him out into the world a

free man.

He was dressed with scrupulous neatness, and had evidently taken

great care in preparing himself for the trial. He wore a new suit of

clothes, of neat pattern and of modern style, and his linen was of

spotless whiteness and carefully arranged. As he entered and took his

seat a suppressed murmur of surprise, not unmixed with sympathy,

pervaded the court-room.

The hall was crowded, and a large number of ladies, attracted,

perhaps, by that element of curiosity which is inherent in the sex,

and perhaps by that quality of sympathy for which they are

remarkable, were present, and Bucholz at once became the focus of all

eyes and the subject of universal comment and conversation.

From the nature of the charge against him many had expected to see

some ferocious-looking ruffian, whose countenance would portray the

evidence of his crime, and whose appearance would indicate the

certainty of his guilt. Their surprise was therefore unbounded, when,

instead of the monster their imaginations had conjured up, they

beheld the young, well-dressed and good-looking German who appeared

before them, and a strong feeling of sympathy for the unfortunate man

was manifested by a majority of those present.

Considerable difficulty was experienced in securing a jury, but at

length the requisite number were obtained, and Bucholz was directed

to stand up and listen to the charge that had been preferred against

him.

A profound silence pervaded the court-room as the indictment was

being read. The prisoner paid the strictest attention as the words

were pronounced:--

"How say you, prisoner at the bar; are you guilty or not guilty?" and

he answered in a firm voice: "Not guilty!"

The attorneys eagerly scanned the faces of the "twelve good men and

true," into whose hands was soon to be confided the fate of the man

who stood before them; but their impassive countenances gave no

indication of the thoughts which occupied their minds. They had been

chosen for the performance of a solemn duty, and were evidently

prepared to perform it without fear or favor.

Who can fathom the mind of the prisoner or conceive the myriad of

vexing thoughts with which his brain is teeming? He exhibits no

fear--he displays no excitement--but calmly and quietly and with

watchful eyes he gazes around upon the scene before him--a scene in

which he is an important actor, and in which his fate is being

determined.

Without the formality of an opening address, the State's attorney

calls the first witness--Mrs. Waring. This lady details the

occurrences of the afternoon and evening of the murder--the facts of

which are already known to the reader. She also testified to the

friendly relations existing between the murdered man and the

prisoner, except upon one occasion, when, shortly before the death of

Mr. Schulte, she had heard angry words in their apartments. No

importance was attached to this, as the disagreement was of short

duration, and their pleasant intercourse was speedily resumed.

The evidence of the two daughters and the son of Mrs. Waring was

taken, but they simply confirmed the story as related by the mother.

The various persons who were present at the finding of the body--the

physicians who had made the post mortem examination, were examined as

to their knowledge of the murder, and the circumstances incident

thereto.

The officers who had charge of Bucholz testified to his extravagances

during the time that intervened between the murder and the formal

arrest of the prisoner, and to the fact of the money which he had

expended bearing the peculiar marks which had been noticed upon it.

Frank Bruner had been found by my operatives, and he identified the

watch that had been found as belonging to Henry Schulte. He also

testified to the conversations which took place between himself and

Bucholz before he had left the service of Mr. Schulte, and also that

the old gentleman had called upon him on the morning of that fatal

day, and had informed him of his intention to dispense with the

services of Bucholz on the 15th day of the succeeding month, and

requested Frank to again enter his service; which he had promised to

consider before deciding finally upon.

The examination of these various witnesses had occupied two days, and

nothing very serious or convincing, except of a circumstantial

nature, had been proven. Bucholz appeared jubilant and hopeful--his

counsel were sanguine of acquittal, and even the jurors looked less

sternly as their eyes fell upon the prisoner.

The countenance of the State's attorney was an enigma to the lawyers

for the defense. Confident and self-reliant, he had marshaled his

array of witnesses, and their testimony was a consistent recital of

the events relating to the murder and the various circumstances

relating thereto. Nothing definite or convincing had as yet been

proven, and the attorneys wondered at the undismayed demeanor of the

prosecuting officer.

On the afternoon of the third day, after the examination of two

unimportant witnesses, Mr. Olmstead arose, and, addressing the

sheriff, said:

"Call Ernest Stark."

There was nothing unusual in the name, and but little attention was

paid to the order thus given. The prisoner and the attorneys had

never heard the name before, and no uneasiness was manifested upon

their faces, but when, in answer to that call, Edward Sommers entered

from the ante-room, and stepping upon the witness stand, confronted

the court, a change came over the faces of the accused and his

counsel, wonderful to behold.

Bucholz staggered to his feet with a smothered expression of physical

agony and stood for an instant pressing his hand convulsively upon

his brow, his eyes, full of savage but impotent fury, were fixed upon

the detective; but this emotion soon passed away and yielded to a

vague, bewildered expression, as he sank back into his seat, overcome

by the feelings which oppressed him.

[Illustration: "_His eyes full of savage but impotent fury were fixed

upon the detective._"]

The attorneys, stolid and immovable, gazed at this unexpected

apparition, but long practice in their profession had enabled them to

conceal their emotions, however powerful the influence, and, except

the first start of surprise, no outward indication was given of their

astonishment at the appearance of the detective or their chagrin at

the duplicity of their client.

The detective, calm and imperturbable, and apparently unconscious of

the important part he was playing in this sad drama, stood there

immovable, the perfect immobility of his face undisturbed by the

consternation of counsel or the confusion of the prisoner.

Under the examination of the State's attorney, he told his story in a

firm, deliberate manner, that carried conviction to the minds of all.

He detailed the various experiences of his prison life and of his

intercourse with the prisoner. He related the admissions which

Bucholz had made to him, and testified to the influence which he had

gradually acquired over the mind of the accused man.

He graphically described their several interviews, and finally he

detailed at length the finding of the money of the murdered man,

hidden in the places to which Bucholz had directed him.

The silence in the court-room was most impressive. The crowded

audience who had at first been amazed at the appearance of the

detective, now leaned eagerly forward in their intense desire to hear

each word that was spoken. The judges listened intently as the

well-chosen sentences, fraught with so much importance to the cause

of justice, fell from his lips.

The eager, exulting ring of the voice of the State's attorney as he

conducted the examination, and the low, modulated tones of the

witness as he gave the damaging answers, seemed to affect all

present, and, with their eyes riveted alternately upon the witness

and the prisoner, they listened breathlessly as he related his

convincing story.

William Bucholz, after the first exhibition of his emotions, sat

silent and apparently stunned during the whole of the rendering of

this testimony. His eyes were fastened upon the detective witness,

but no movement of the muscles of his face betrayed the despairing

thoughts within. Silently he sat there--his arms folded across his

chest, with cheeks blanched and eyes staring straight forward toward

the witness-stand.

Already he sees the hand of impending fate, and as this unexpected

web of circumstantial and positive evidence is being slowly and

systematically woven about him, the shadow of the gallows falls upon

him, and yet he makes no sign. The resolute will and inflexible

nature sustain him firmly under this trying ordeal.

As Ernest Stark related the finding of the hidden wealth of the

murdered man which he had secured, an involuntary exclamation of

surprise burst from the assembled listeners, and when he had finished

his story a sigh of apparent relief escaped them.

The testimony of the detective had occupied a day and a half in its

rendition, and upon the opening of the court upon the succeeding day,

the haggard look of the prisoner told unmistakably of the sleepless

vigil of the night before. His lips remained sealed, however, and no

one knew of the agony of his mind.

Upon the conclusion of the detective's testimony, the money which had

been found in the old barn was exhibited in evidence, and, as the

earth-soiled pocket-books and the great roll of notes were displayed,

eager eyes watched their production. It was the price of a human

life, and another life hung trembling in the balance because of it.

Robert A. Pinkerton was called, and confirmed the statement of Ernest

Stark with regard to the midnight visit to the barn and the finding

of the money.

Paul Schmoeck and another attache of the German Consulate identified

the notes produced, and also testified as to its safe-keeping since

it had been so miraculously unearthed.

Two important witnesses were now introduced, who proved beyond a

doubt that this money was upon the person of Henry Schulte upon the

night of the murder. This evidence was necessary, because the

sagacious attorneys for the prisoner had already invented a plan of

defense, at once ingenious and able. There had existed hitherto no

proof that this money which had been found in the barn was in the

possession of the murdered man at the time of the tragedy, and

Bucholz might only be the thief who had robbed his master during his

absence, and not the criminal who had imbrued his hands in his blood.

Henry Bischoff and his son, prominent German bankers, and dealers in

foreign exchange, distinctly remembered the visit of Henry Schulte to

their banking house upon the day on which the murder was committed.

The father identified some of the notes which had been found in the

first package as those which had been given him in exchange for mark

bills, and the son identified the gold pieces which had been

unearthed with the second package as those which he had given to Mr.

Schulte upon that day. Both pocket-books must therefore have been

upon the person of Henry Schulte as he walked home upon that winter's

night accompanied by his trusted servant who had robbed and murdered

him.

The clothing of the accused man, which he had worn upon that night,

and which had been secured immediately after the occurrence of the

tragedy and legally retained, were also introduced and identified.

The shirt contained spots of blood, and the pantaloons also displayed

evidences of the same crimson fluid.

The prosecution then closed their case, and the defense began.

Undismayed by the convincing character of the testimony which had

been given, the attorneys for Bucholz labored diligently and ably to

explain away the damaging proofs which had been adduced.

Their cross-examination of the witness who had been known to them as

Edward Sommers had been very light; they had not attempted to impeach

his veracity or to question the truthfulness of his relations, and

while this was a matter of surprise to many at the time, the wisdom

of such a course soon became evident.

The principal witness for the State was to be used as a reliable

instrument in the hands of the defense, and the testimony of Edward

Sommers was to be relied upon to substantiate the theory by which the

attorneys for Bucholz hoped to delude the jury and to save their

client.

The finding of the money was admitted as the result of revelations

made by Bucholz to the detective, but they endeavored to prove that

though he might have robbed the old man, it was impossible for him to

have killed him.

It was contended upon the part of Bucholz, that the money was taken

from the pockets of the murdered man while Bucholz was assisting in

carrying the body to the house, and that he was enabled to do this

the more easily, because he alone knew where the old gentleman placed

the money which he carried about his person.

This theory was ingeniously suggested and ably argued, and several

minor points of evidence were adduced in support of it. The

blood-stains upon the clothing were also sought to be explained.

Those upon the shirt were alleged to have been produced from the

bleeding of the face of the prisoner who was wounded upon the same

evening, and the pantaloons, it was claimed, had received the stains

upon them from the blood which had dropped while Bucholz was

assisting the bearers to carry the corpse to the house after the

preliminary investigation by the coroner.

With rare skill were these theories presented, and with desperate

energy these able attorneys led the forlorn hope against the strong

fortress of conviction which seemed to enclose their unfortunate

client. The audience, the judges and the jury were profoundly

impressed, but they were not convinced.

The judge charged the jury, and before the force of his sound, legal

utterances, the airy castles which had been so ingeniously builded

fell to the ground, and the hopes of the prisoner and his friends

were buried in their ruins.

The case was handed to the twelve men, and many scrutinizing glances

were directed toward them as they slowly retired to deliberate upon

their verdict. Faint hopes were entertained of a disagreement, but

all felt that conviction would be but a natural result.

Slowly the crowd of spectators dispersed, as it became apparent that

no report would be received that evening, and many ladies, moved by

that latent sympathy which is usually manifested for great criminals,

approached the prisoner, and, together with their condolences,

bestowed upon him their offerings of flowers and fruits.

At twelve o'clock the next day--during a recess of the court--a loud

knock was heard upon the door which led to the jury-room. Instantly

every voice was hushed and every eye was strained to watch the

countenances of these arbiters of fate who slowly entered and took

their seats.

Bucholz was laughing gayly with some acquaintances, but he became

instantly serious--the smile died away from his lips, and he

anxiously awaited the announcement that was to convey to him the

blessing of life or the doom of death.

Slowly the jurors arose and faced the court.

"Gentlemen of the jury, have you determined upon your verdict?"

Breathlessly they all listened.

"We have."

These words fell like a thunderbolt upon the assembly. The prisoner's

face grew pale; he grasped the railing in front of him and gazed

wistfully at the jurors who stood beside him.

"Prisoner at the bar, stand up," said the clerk; and Bucholz arose

immediately, turning his pallid face toward the jury-box.

The gray-haired foreman, whose elbow almost touched the prisoner,

looked at him with a glance in which was depicted a sympathy, which,

while it was heartfelt and sincere, was not of sufficient force to

outweigh a conscientious discharge of duty.

"Gentlemen of the jury, how say you? Is the prisoner at the bar

guilty or not guilty?"

With trembling voice the venerable foreman said, slowly:

"Guilty of murder in the first degree!"

The guilty man fell back in his seat, as though he had been struck a

heavy blow, and bowing his head upon the railing, he sobbed wildly.

The trial was over. Justice had triumphed, and this crime-stained

man, who was now the object of so much attention, was decreed to pay

the penalty of his misdeeds.

The mystery of the murder of Henry Schulte had been judiciously

solved, and the detective had triumphed over the assassin.

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