Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IV

Of course when the boys fled he was left there alone, and he soon found that it would be impossible for him to extinguish the fire. It spread so rapidly over the straw and among the boxes, that it was very plain all his efforts to arrest the progress of it would be unavailing. In the mean time he began to hear the cry of "fire." The people of the tavern had been the first to see the light, and were running to the spot down the lane. It suddenly occurred to Antonio that if he were found there at the fire he should be obliged to explain how he came there, and by so doing to expose Rodolphus as a thief and a burglar.[1 - The crime of breaking into a building in such a way is called burglary, and it is punished very severely among all civilized nations.] When Antonio thought how broken-hearted Ellen would be to have her brother sent to prison for such crimes, he could not endure the thought of being the means of his detection. He immediately determined therefore to run away, and leave the people to find out how the fire originated as they best could.

All these thoughts passed through Antonio's mind in an instant, and he sprang out from under the corn-barn as soon as he heard the men coming, and ran off toward the fields. The men saw him, and they concluded immediately that he was an incendiary who had set the building on fire, and accordingly the first two that came to the spot instead of stopping to put out the fire, determined to pursue the fugitive. Antonio ran to a place where there was a gap in a wall, and, leaping over, he crouched down, and ran along on the outer side of the wall. The men followed him. Antonio made for a haystack which was near, and after going round to the further side of the haystack, he ran on toward a wood, keeping the haystack between himself and the men, in hopes that he should thus be concealed from their view. As soon as he got into the wood he ran into a little thicket, and creeping into the darkest place that he could find, he lay down there to await the result.

The men came up to the place out of breath with running. They looked about in the wood for some time, and Antonio began to think that they would not find him. But he was mistaken. One of the men at length found him, and pulled him out roughly by the arms.

They took hold of him, one on one side and the other on the other, and led him back toward the fire. The building was by this time all in flames, and though many men had assembled they made no effort to extinguish the fire. It was obvious, in fact, that all such efforts would have been unavailing. Then, besides, as the building stood by itself, there was no danger to any other property, in letting it burn. The men gathered round Antonio, wondering who he could be, but he would not answer any questions. He was there an utter stranger to them all – a prisoner, seized almost in the very act of setting the building on fire, and yet he stood before them with such an open, fearless, honest look, that no one knew what to think or to say in respect to him.

In the mean time the flames rolled fearfully into the air, sending up columns of sparks, and illuminating all the objects around in the most brilliant manner. Groups of boys stood here and there, their faces brightened with the reflection of the fire, and their arms held up before their eyes to shield them from the dazzling light. A little further back were companies of women and children, beaming out beautifully from the surrounding darkness, and a gilded vane on the village spire appeared relieved against the sky, as if it were a great blazing meteor at rest among the stars. At length the fire went down. The people gradually dispersed. The men who had charge of Antonio took him to the tavern, locked him up in a room there, and stationed one of their number to keep guard at the door till morning.

II. ANTONIO A PRISONER

During the night, Antonio had time to reflect upon the situation in which he was placed, and to consider what it was best for him to do. He decided that the first thing to be done, was to write to Mrs. Henry, and inform her what had happened. He determined also not to reveal any thing against Rodolphus, unless he should find that he was required by law to do so – at least until he could have time to consider whether something could not yet be done to save him from the utter ruin which would follow from his being convicted of burglary and sent to the state prison.

In the morning, an officer came with a regular warrant for arresting Antonio, on the charge of setting the corn-barn on fire. A warrant is a paper signed by a justice or judge, authorizing the officer to seize a prisoner, and to bring him before a magistrate, for what is called an examination. If, on the examination, the magistrate sees that the prisoner is clearly innocent, he releases him, and that is the end of the matter. If, however, he finds that there is reason to suspect that he may be guilty, he orders the officer to keep him in the jail till the time comes for the court to meet and try his case.

Sometimes, when the offense is not very serious, they release the prisoner on bail, as it is called, during the time that intervenes between his examination and his trial. That is, they give him up to his friends, on condition that his friends agree that he shall certainly appear at the time of trial – covenanting that if he does not appear they will pay a large sum of money. The money that is to be forfeited, if he fails to appear, varies in different cases, and is fixed by the judge in each particular case. This money is called the bail. If the prisoner has a bad character, and his friends generally believe that he is guilty, he can not get bail, for his friends are afraid that if they give bail for him, and so let him have his liberty, he will run away before the time comes for his trial, and then they will lose the money. When, for this or any other reason, a prisoner can not get bail, he has to go to prison, and stay there till his trial comes on. On the other hand, if the prisoner has a good character, and if his friends have confidence in him, they give bail, and thus he is left at liberty until his trial comes on.

At the examination of a prisoner, which takes place usually very soon after he is first arrested, he is allowed to say any thing that he pleases to say, in explanation of the suspicious circumstances under which he was taken. He is, however, not required to say any thing unless he chooses. The reason of this is, that no one is required to furnish any proof against himself, when he is charged with crime. If he can say any thing which will operate in his favor, he is allowed to do it, and what he says is written down, and is produced on his trial, to be used for or against him according to the circumstances of the case.

When the officer came in, in the morning, to arrest Antonio, he told him he was to go at eleven o'clock the next morning before the magistrate to be examined. Antonio asked the officer whether he could be allowed, in the mean time, to write a letter to his friends in Franconia.

"Yes," said the officer, "only I must see what you write."

So they brought Antonio a sheet of paper, and a pen and ink. He sat down to a table and wrote as follows:

    "Hiburgh, July 10.

"To Mrs. Henry;

"There was a fire here last night which burnt up an old corn-barn, and I have been taken up for it, by the officers. They think that I set the corn-barn on fire, but I did not do it. I suppose, though, that I shall have to be tried, and I expect that I must go to prison until the trial comes on, unless Mr. Keep could come down here and make some arrangement for me. You may depend that I did not set the corn-barn on fire.

    "Yours with much respect,
    "A. Bianchinette."

The officer read this letter when it was finished, and then asked Antonio whether it should be put into the post-office. Antonio inquired how much it would cost to send a boy with it on purpose. The officer told him what he thought it would cost, and then Antonio took out the money that he had in his pocket to see if he had enough. He found that he had more than enough, and so the officer sent a special messenger with the letter.

"And now," said the officer, "you must go with me to my house. I am going to keep you there until the examination to-morrow."

So Antonio took his cap and went down stairs with the officer. He found quite a number of men and boys at the door, waiting to see him come. These people followed him along through the street, as he walked toward the officer's house, some running before, to look him in the face, and some running behind, and calling him incendiary and other hard names. Antonio took no notice of them, but walked quietly along, talking with the officer.

When he got opposite to the lane, he looked down toward the place where the corn-barn had stood. He found that it had been burnt to the ground. The ruins were still smoking, and several men and boys were standing around the place – some looking idly on, and some poking up the smouldering fires.

There was something in Antonio's frank and honest air, and in the intelligence and good sense which he manifested in his conversation, which interested the officer in his favor. He told his wife when he got home that Antonio was the most honest looking rogue that he ever had the custody of. It shows, however, he added, how little we can trust to appearances. I once had a man in my keeping, who looked as innocent and simple-minded as Dorinda there, but he turned out to be one of the most cunning counterfeiters in the state.

Dorinda was the officer's little girl.

There was a room in the officer's house, which was made very strong, and used for the temporary keeping of prisoners. They put Antonio into this room and locked him in.

The officer, however, told him when he went away, that he would bring him some breakfast pretty soon; and this he did in about half an hour. Antonio ate his breakfast with an excellent appetite.

After breakfast he moved his chair up to a small window, which had been made in one side of the room. The window had a sash on the inside, and great iron bars without. Antonio opened the sash and looked out through the iron bars. He saw a pleasant green yard, and a little girl playing there upon the grass.

"What is your name?" said Antonio.

The little girl started at hearing this voice, ran back a little way, and then stood looking at Antonio with her hands behind her.

"Bring me that piece of paper," said Antonio, "that lies there on the grass, and I will make you a picture."

The girl stood still a moment as if much astonished, and then advancing timidly, she picked up the paper and brought it to Antonio's window, which was very near the ground, and held it up. Antonio reached his arm out between the bars of the grating and took the paper in.

Although the window was not high, it seemed to be with some difficulty that Antonio could reach the paper as Dorinda held it up. But this was partly because Dorinda was afraid, and did not dare to come too near.

Antonio took a pencil out of his pocket, and putting the paper down upon the window sill, he began to draw. Dorinda stood still upon the ground outside, watching him. Antonio made a picture of a very grave and matronly-looking cat, lying upon a stone step and watching two kittens that were playing upon the grass before her. There was a bare-headed boy near, who seemed to be putting a mitten upon his hand. Underneath Antonio wrote the words —

"This is the picture of a cat,
Looking at some kittens;
Also a boy without a hat,
Putting on his mittens."

When the work was finished, Antonio threw the paper out the window, and Dorinda who had been all the time looking on with a very serious expression of countenance, took it up, and began to look at the drawing. She could not read, so she only looked at the picture. After examining it for some minutes, without, however, at all relaxing the extreme gravity of her countenance, she ran off to show the paper to her mother.

Presently she came back again. By this time Antonio had made another drawing. It was the representation of his own window, as it would appear on the outside, with iron bars forming a grating, and himself looking through between them. Underneath he wrote,

"Pity the poor prisoner, and bring him some books to read."

Dorinda took this picture too, when Antonio threw it out to her, and ran in with it to her mother. Presently she came out with two books in her hand. She came under the window and held them up timidly to Antonio, and Antonio took them in.

By the help of these books and some other indulgences that the officer allowed him, Antonio got through the day very comfortably and well.

The next morning, at eleven o'clock, the officer came to take his prisoner to the justice, for examination. The officer led Antonio along the street till he came to a lawyer's office. There were several men and boys about the door. These persons eyed Antonio very closely when he went in. On entering the office, Antonio was brought up in front of a table which stood in the middle of the room. A young man was sitting at the table with paper, and pen, and ink before him. He was the clerk. The justice himself sat in an arm-chair near the window.

The men and boys from the outside came in immediately after Antonio, and stood in the office, near the door, to hear the examination.

When all was ready, the justice commenced by saying to Antonio,

"What is your name?" young man.

"Antonio Bianchinette," said Antonio.

"Where do you live?" asked the justice.

"In Franconia," said Antonio.

"You are aware, I suppose," said the justice, "that you are charged with having set fire to the building which was burned night before last, and you are brought here for a preliminary examination. You can do just as you please about giving any explanation of the circumstances of the case, or answering any questions that I put to you. If you make any statements or answer any questions, what you say will be put down, and will be used either for, or against you, as the case may be, on your trial."

Antonio said in reply, that he did not wish to make any statements, or to answer any questions in relation to the fire.

"There is one thing, however," he added, "that I wish to say, and that is, that there is something buried in the ground, under the place where the building stood, that ought to be dug up, and if you will take me to the place I will show you where to dig."