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

"What is it that is buried there?" said the justice.

"I would rather not answer that question," said Antonio.

The justice paused a moment to consider what to do. He had heard of the robbery that had been committed on Saturday night, for Mr. Kerber, on going into his office on Monday morning, had found the back door unhasped, and his desk broken open, and the news of the robbery had spread all over the village. People wondered whether there could be any connection between the robbery and the fire, though nothing had been said to Antonio about it.

After thinking a moment about Antonio's proposal, the justice concluded to accede to it. The officer accordingly sent a man to get a spade and directed him to come with it to the ruins of the corn-barn. Another man went to tell Mr. Kerber that the boy who had been taken up for setting the barn on fire, had said that there was something buried there, and that perhaps it might prove to be his money-box. So Mr. Kerber determined to go and see.

In a short time quite a large party were assembled around the ruins. Antonio directed them where to dig. The men pulled away the blackened timbers and brands which were lying over the spot, and began to dig into the ground. In a few minutes they struck something hard with the spade, and setting the spade down beneath it so as to pry it out, they found that it was indeed Mr. Kerber's box.

The men gathered eagerly around to examine the box. Mr. Kerber shook it and found that the money was safe inside. He took out his key, but he could not get it into the key-hole, for the key-hole had got filled with earth. He turned the box down upon its side and knocked it upon something hard, and so got the earth out, and then he found that the key would go in. He unlocked the box, and to his great joy found that all was safe.

Antonio would not make any explanation, except that he did not suppose that any thing else was buried there, and that consequently it would do no good to dig any more. He said, moreover, that he expected some of his friends would come from Franconia before night to see about his case, and so the justice gave him up to the care of the officer again, until his friends should come. The officer accordingly took his prisoner away again, and Mr. Kerber carried his money-box home.

Mr. Keep arrived that day about noon. He immediately had an interview with Antonio. After some little general conversation, Antonio said that he would rather not make any explanations of the circumstances under which he was arrested at present, even to Mr. Keep, unless Mr. Keep requested it.

"I tell you truly, sir," said he, "that I am entirely innocent: but I can not state what I know, without breaking a poor girl's heart who once saved my life, and I can not do it."

Mr. Keep was silent a few minutes when Antonio said this. He recollected Rodolphus and Ellen his sister, and recalled to mind the story of Ellen and the snow-shoes, which he had heard at the time. He immediately understood the whole case.

"I am not surprised that you feel as you do," said he, "but when a crime is committed and we are called upon to testify as a witness, we are bound to state what we know, without regard to our private feelings."

"Yes, sir," said Antonio, "but I am not called upon as a witness. I am charged with committing the crime myself, and the justice said that I was at liberty to answer or not, as I chose."

Mr. Keep was silent for a moment. He seemed to be reflecting upon what Rodolphus had said.

"By taking the course that you propose," he added, at length, "you run a great risk of being condemned yourself for the crime."

"Why, no, sir," said Antonio; "I can't be condemned unless they prove that I did it; and as I really did not do it, I don't think that they can prove that I did."

Mr. Keep smiled.

"Well suppose that you do as you propose," said Mr. Keep, "and allow yourself to take the place of the one who is really guilty, what good will it do him? You will only leave him to commit more crimes."

"I hope not, sir," said Antonio "I should try to get him away from here to some new place. I think that he has been led away. He has got into bad company."

"Well," said Mr. Keep, after a short pause, "the plan may succeed, but you run a great risk in taking such a course. I think that there is great danger that you would be condemned and sent to the state prison."

"Well," said Beechnut, "I should not mind that very much. There is no great harm in going to prison, if you are only innocent. I have been shut up here one day already, and I had a good time."

Mr. Keep said finally that the subject required time for consideration, and that in the mean time he would make arrangements for giving bail for Antonio. This he did, and then he and Antonio went together back to Franconia.

III. THE TRIAL

The time arrived for Antonio's trial very soon. At the appointed day he and Mr. Keep went together to the town where the court was to be held.

Mr. Keep delivered Antonio to the officer again, and the officer led him into a little room adjoining the court room and left him there under the custody of a subordinate officer. At length his case was called, and the officer came forward and conducted him into the court room.

When Antonio entered the room he looked around to see how it was arranged. At one end there was a platform, with a curtained window behind it, and a long desk in front. Behind the desk there sat an elderly gentleman whom Antonio supposed was the judge. He sat in a large arm-chair. There was another arm-chair upon the platform, but there was nobody sitting in it. Antonio thought that probably it was for another judge, and that he would come in by-and-by, but he did not come.

In front of the judge's desk and a little lower down, there was another desk, with a great many books and bundles of papers upon it. There was a man seated at this desk with his back to the judge's desk. This man was writing. He was the clerk of the court.

In front of the clerk's desk, and toward the middle of the room was a pretty large table with lawyers sitting around it. The lawyers had green bags with papers in them.

On each side of the room there were two long seats facing toward the middle of the room. These seats were for the juries. Each seat was long enough for six men, making twelve in all on each side. Between the juries' seats and the judge's platform, there was, on each side, a stand for the witnesses. The witnesses' stands were placed in this position, so that all could hear the testimony which the witnesses should give.

On the back side of the room there were several seats for spectators. In front of the spectator's seats there were two chairs. The officer led Antonio to one of these chairs and gave him a seat there. The officer himself took his seat in the other chair. He had a long slender pole in his hand, which was his badge of office.

The first thing to be done was for the clerk to read the accusation. The accusation to be made against a prisoner is always written out in full, and is called an indictment. The indictment against Antonio was handed to the clerk and he read it. It charged Antonio with breaking into and robbing Mr. Kerber's office, and then setting fire to the barn.

After the indictment had been read, the judge, looking to Antonio, asked him whether he was guilty or not guilty.

"Not guilty," said Antonio.

The arrangements were then made for the trial. The jury were appointed, and they took their places in the jury seats which were on the right hand side of the court room. Some jury-men belonging to another jury were sitting in the seats on the left hand, but they had now nothing to do but to listen, like the other spectators.

There is a sort of public lawyer in every county, appointed for the purpose, whose business it is to attend to the trial of any person accused of crime in his county. He is called the county attorney. It is his duty to collect the evidence against the prisoner, and to see that it is properly presented to the court and jury, and to prove that the prisoner is guilty, if he can. The prisoner, on the other hand has another lawyer, whose duty it is to collect all the evidence in his favor, and to try to prove him innocent. The trial is always commenced by adducing first the evidences of the prisoner's guilt.

Accordingly, when the jury were ready, the judge called upon the county attorney to proceed.

He rose, and spoke as follows:

"May it please your Honor."

Here the county attorney bowed to the judge.

"And you, gentlemen of the jury."

Here he bowed to the jury.

"I am very sorry to have to appear against so young, and, I may add, so innocent-looking a person as the prisoner before you, on a charge of so serious a nature as burglary. But I have no choice. However much we may regret that a person so young should become so depraved as to commit such crimes, our duty to the community requires that we should proceed firmly and decidedly to the exposure and punishment of them. I shall proceed to lay before you the evidence that the prisoner at the bar is guilty of the crime charged against him. It will be the duty of his counsel, on the other hand, to prove his innocence, if he can. I shall be very glad, and I have no doubt that you will be, to find that he can succeed in doing this. I fear, however, that it will be out of his power.

"I shall prove to you, gentlemen of the jury, by the witnesses that I shall bring forward, that the prisoner left his home in a very mysterious manner on the Saturday when the robbery was committed. That he came to Hiburgh, and arrived here about nine o'clock. That he then went to his room, as if to go to bed, and immediately afterward went out in a secret manner. About half-past ten the corn-barn was found to be on fire; and on the people repairing to the spot, found the prisoner there alone. He fled, and was pursued. He was taken, and at length finding that he was detected, and terrified, perhaps, at the consequences of what he had done, he gave information of the place where the money which had been taken was concealed.

"These circumstances all point to the prisoner as the guilty party, or at least as one of the guilty parties concerned in the robbery. As to the fire, we lay no particular stress upon that, for it may have been accidental. We think it probable that it was so. The charge which we make against the prisoner is the robbery, and we are willing to consider the fire as an accident, providentially occurring as a means of bringing the iniquity to light."

The county attorney then began to call in his witnesses. The first witness was James.

James said that Antonio was well known to him; that he came originally from Canada; that he had lived for some time at Mrs. Henry's; and that on the Saturday in question he said that he was going to Hiburgh; but would not give him, James, any explanation of the business that called him there.

The next witness was Antony, the man who had brought Antonio in his wagon the last part of his journey.

Antony testified that he overtook the prisoner on the road, and that he brought him forward in his wagon. The prisoner, he said, seemed very anxious to get into town before nine o'clock; but he was very careful not to say any thing about the business which called him there. There was something very mysterious about him, Antony said, and he thought so at the time.

The next witness was the tavern keeper.

The tavern-keeper testified that Antonio came to his house a little past nine; that he seemed in a hurry to go to his room, that the tavern-keeper showed him the room and left him there; but that on going up a few minutes afterward to ask him what time he would have breakfast, he found that he was not there. That about an hour afterward he saw a light, and running out he found that the corn-barn was on fire. He cried "fire," and with another man ran to the corn-barn, and there saw some one running away. He and the other man pursued the fugitive, and finally caught him, and found that it was the prisoner – the same young man that had come to his house as a traveler an hour before.

The next witness was Mr. Kerber.