Ben Stone at Oakdale

“Look here, I want to know if it’s my son who is on trial.”

“Not yet, sir – not yet,” answered Lawyer Marsh serenely.

The judge rapped sharply for order and requested Mr. Hayden not to interrupt the proceedings.

Having led Bern into acknowledging he had done his best to force Ben out of Oakdale Academy, Lawyer Marsh seemed satisfied. Lawyer Frances, however, was far from it; and immediately, by various questions, he tried to show that Bern, knowing the dangerous and desperate character of Stone, had tried to get him dropped from the school because he did not believe he was a fit person to associate with the academy scholars. At this Lawyer Marsh simply smiled.

Roger Eliot came next, identifying one of the watches as belonging to him, and stating he had lost a little over two dollars in coin, which had been taken from his locker.

These were all the witnesses against the prisoner, and Marsh, after a brief opening address, began by calling those who had been summoned for him. Henry Bailey, the first, was requested to explain his business in Oakdale. Mr. Bailey stated that, following the death of Asher Rand, Jerry Stone, the blind boy, had disappeared ere the funeral could take place or Mr. Rand’s will be read. Bailey had been engaged to learn whence the blind boy had gone and bring him back. In endeavoring to do this he had been led a hard chase, failing more than once by the smallest margin in getting his hands upon the elusive boy, and in the end the pursuit had brought him to Oakdale.

At this point Lawyer Frances interrupted. “Your Honor, I fail to see what this has to do with the case.”

“Your Honor,” smiled Marsh, “we are seeking to establish the motive for the sudden flight of Ben Stone from this town, and we hope to show beyond doubt that he did not run away because he had committed theft, but because he knew this pursuer of his brother had arrived and feared – unreasonably, doubtless – that it boded harm to the blind lad.”

Ben was next called upon, and after a moment of faltering he told his story in a slow, distinct manner, making it straightforward and simple. And as he proceeded the unfavorable impression that had prevailed concerning him was gradually dispelled; for surely he did not speak like a desperate character or a thief; nor was Lawyer Frances, by his sternest and most accusing cross-questioning, able to confuse the lad or shake him in his statements. When at last Ben was permitted to sit down, not a few of the listeners in that room were looking at one another questioningly and doubtfully.

Spotty Davis came next. He trembled visibly as he rose, and his parted lips, revealing the space of the two missing teeth in his upper jaw, seemed to quiver. Glancing furtively from side to side, but never once looking straight toward Stone, he finally let his gaze rest upon the floor.

“Young man,” said Lawyer Marsh, “you were at the football field when Stone appeared last evening and spoke to Roger Eliot, were you not?”

“Ye-yes,” faltered Spotty faintly.

“Speak a bit louder, witness,” commanded the judge.

“When Stone left the field you followed him, didn’t you?” asked Marsh.

“I – I dunno; I guess so. I never noticed.”

“Do you mean to say that you did not see Stone when he departed from the field?”

“Why, nun-no; I saw him. I guess ’t’wa’n’t long after he left before I got out. There wa’n’t no use hangin’ round longer, for Eliot had tole me he didn’t want me on the team any more.”

“On leaving the field, whither did you go?”

“To the gym.”

“Did you find Stone there?”

“Nope – no, sir. There wa’n’t nobody there.”

“Why did you go to the gym?”

“To peel off my togs. I was in a playing suit, you know. It didn’t belong to me; it belonged to the team, so I left it in the gym.”

“How long were you in the gymnasium?”

“Can’t tell; not a great while. It didn’t take me no longer than was necessary to git off my football suit, git into my own rags and leave. There wa’n’t nothing for me to hang round there for.”

“After leaving the gymnasium where did you go?”

“Lemme see,” hesitated Spotty as if in doubt. “I don’t seem to remember just where I did go.”

“Come, come, young man; of course you remember. You must remember. You’ll find it best to remember, I think. Where did you go?”

“Oh, I sort of poked along into the village.”

“Into the village? Where did you go in the village?”

“Oh, I remember now,” said Spotty suddenly. “I thought there was something wrong with Stone – thought it was queer he didn’t stay for practise; so I just run in to Mrs. Jones’ house to see him.”

“You went to Stone’s room, did you?”

“Yep – I mean yes, sir.”

“Was Stone there?”

“No; his brother was, though.”

“The blind boy?”

“Yes, he was there.”

“How long did you stay in Stone’s room?”

“Oh, lemme see. I’d have to guess at it, for I ain’t got no watch, and I didn’t take no notice of time, anyhow. Mebbe I was there five minutes or so.”

“What did you do while you were there?”

“Talked with Ben’s brother.”

“Did you sit down?”

“Don’t b’lieve I did. Yes, come to think of it, I set on the edge of the bed while I was talkin’ to him. What are you askin’ me all these questions for? I don’t know anything about this business. I can’t tell anything that will do no good.” Spotty was perspiring freely, even while he continued to shiver occasionally.

“We’re simply trying to get at the facts,” said Lawyer Marsh quietly. “It’s always best to tell the exact truth.”

“I hope you don’t think I’m lyin’,” protested the disturbed witness. “I ain’t got nothing to lie about.”

“Did you see Ben Stone at all?”

“Yep; he was just comin’ in as I was leavin’. He was in an awful rush.”

“Did you stop to speak with him?”

“No; I was goin’ to stop, but he was in such a hurry I didn’t. He acted mighty queer to me – sort of scat like.”

“That’s all, young man,” said the lawyer suddenly; and Spotty sank down with a breath of relief.