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

Mr. Kerber testified that he left his office safe, with his money in the money-box, in the desk, on Saturday night, about half-past eight. That on the Monday morning following he found that the office had been broken into, the desk opened, and the money-box carried away. That he was present at the prisoner's examination before the justice, and that the prisoner then and there said that there was something buried under where the corn-barn had stood, and that the company all proceeded to the place, and dug into the ground where the prisoner directed them to dig, and that there they found the money-box.

The minutes of Antonio's examination before the justice were also read, in which he declined to give any explanation of the case.

The county attorney then said that his evidence was closed.

The judge then called upon Mr. Keep to bring forward whatever evidence he had to offer in the prisoner's favor. Mr. Keep had only two witnesses, and they could only testify to Antonio's general good character. They were Franconia men, who said that they had known Antonio a long time, that he had always borne an irreproachable character, and that they did not believe him capable of committing such a crime.

After the evidence was thus all in, Mr. Keep made a speech in defense of his client. He admitted, he said, that the case was a very extraordinary one. There was a mystery about it which was not explained. Still he said it was not really proved, either that Antonio stole the money or that he set fire to the barn. Many suppositions might be made to account for the facts, without implicating Antonio as really guilty.

The county attorney then made his speech. It was, of course, against Antonio. He said that the appearances were all against the prisoner, and that if he were really innocent, it would be easy for him to explain the case. His refusal to do this, and his showing where the money was hid, ought to be considered as completing the proofs of guilt, furnished by the other circumstances of the affair.

The judge then told the jury that it was their duty to decide whether it had been proved that Antonio was guilty.

"You have heard all the evidence," said he, "and you must decide. If you are perfectly satisfied that the prisoner is guilty, then you must condemn him. If you are satisfied that he is innocent, then of course you must acquit him. And if you are uncertain whether he is innocent or guilty, then you must acquit him too; for no one is to be condemned, unless it is proved positively that he is guilty."

The jury were then conducted out by an officer of the court, to a small room adjoining, where they were to deliberate on the case. In about fifteen minutes they returned. The judge then called upon the prisoner to rise. Antonio rose and looked toward the judge. The jury were standing in their places, looking toward the judge, too.

"Gentlemen of the jury," said the judge, "are you agreed upon the verdict?"

The foreman of the jury said,

"We are agreed."

"Gentlemen of the jury," said the judge again, "what say you? is the prisoner guilty or not guilty?"

"Not guilty," said the foreman.

There was general smile of satisfaction about the room at hearing this decision. The clerk wrote down the verdict in the record. The judge directed the prisoner to be discharged, and then called for the case which came next on the docket.[2 - The docket is the list of cases.]

Antonio went out with Mr. Keep and got into a wagon which Mr. Keep had provided all ready for him at the door. They set out, counsel and client, on their return to Franconia.

Mr. Keep was of course very much relieved at the result of the trial; for though he was himself perfectly satisfied of his client's innocence, still the circumstances were very strong against him, and there was, in fact, nothing but his good character in his favor. He had been very much afraid, therefore, that Antonio would be condemned, for the jury are bound to decide according to the evidence that is placed before them.

"You have got off very well, so far," said Mr. Keep. "Having been accused as an accomplice in the crime, it was your privilege to be silent. Should you, however, hereafter be called upon as a witness, you will have to give your testimony."

"Why must I?" asked Antonio.

"Your duty to your country requires it," said Mr. Keep.

"Then," said Antonio, "I suppose I must, and I will."

IV. ANOTHER TRIAL

Rodolphus and his two confederates in crime were in a state of great anxiety and apprehension, during the period which intervened between the committing of the crime and the trial of Antonio. Antonio did not attempt to hold any communication with Rodolphus during this interval, for fear that by so doing he might awaken in people's minds some suspicion of the truth. He had, however, a secret plan of doing something to save Rodolphus from ruin, so soon as the excitement, which had been occasioned by the robbery and the fire, should have passed by. All his plans however were defeated by an unexpected train of occurrences, which took place a day or two after his acquittal, and which changed suddenly the whole aspect of the affair.

One night very soon after Antonio's trial, Rodolphus, after he had gone to bed and was just falling asleep, was awakened by a loud knocking at his door.

"Rodolphus!" said a harsh voice, outside, "Rodolphus! get up and let us in."

Rodolphus was dreadfully terrified. He was always terrified by any unexpected sight or sound, as the guilty usually are. He got up and opened the door. Mr. Kerber and another man came in.

"You are my prisoner," said the stranger. "You must put on your clothes and come with me."

Rodolphus was in great distress and trepidation. He however put on his clothes. He did not dare to ask what he was arrested for. He knew too well. The officer informed him that he was arrested on a charge of being concerned in the robbery of Mr. Kerber, but that he need not say any thing about it unless he chose to do so. Rodolphus was so terrified and distressed that he did not know what to say or do. So the officer led him away, pale and trembling, to his house, and locked him up in the same room where Antonio had been confined. There was a little bed in one corner of the room. Rodolphus went and sat down upon it, and sobbed and wept in anguish and despair.

In a day or two his friends in Franconia heard of his arrest, and Mr. Keep went down to see him. Mr. Keep came as Rodolphus's counsel and friend – in order to confer with him and to defend him on his trial; but Rodolphus considered him as banded with all the rest of the world against him, and either could not, or would not answer any of the friendly questions which Mr. Keep proposed to him; but sat crying all the time while Mr. Keep was there, and making himself very miserable. Mr. Keep saw at once that he was guilty, and despaired of being able to do any thing to save him.

There was nobody to give bail for Rodolphus, and so it was necessary to keep him in close confinement until the time for his trial arrived. In consideration, however, of his tender years, it was decided not to take him to the jail, but to keep him at the house of the officer, in the strong room where he was put when he was first arrested.

The room itself was a very comfortable one, but Rodolphus spent his time in it very unhappily. The people treated him very kindly, but nothing gave him any peace or comfort. They brought him books, but he could not read well enough to take any pleasure in them. Sometimes he would go to the window and look out upon the green yard, but it only made him more miserable to see the grass and the flowers, and the trees waving in the wind, and the birds flying about at liberty. Sometimes he saw Dorinda there playing with her kitten, and singing little songs; but this sight made him more unhappy than all the rest.

Rodolphus's mother came down to to see him once, with Antonio. Antonio drove down with her in a wagon. The visit, however, did not give either Rodolphus or his mother any pleasure. They spoke scarcely a word to each other, while she staid. When she got into the wagon to go home, Antonio, seeing how much she was distressed, tried to comfort her by saying, that she must not be so troubled; he hoped, he said, that Rodolphus would yet turn out to be a good boy. There had been a great many cases, where boys had been led away when young, by bad company, to do what was very wrong, who were afterward sorry for it, and changed their courses and behaved well. This conversation seemed to make Mrs. Linn feel somewhat more composed, but she was still very unhappy.

At length the time for the trial drew near. Rodolphus felt great solicitude and anxiety as the time approached. He did not know what evidence there was against him, for no one had been allowed to talk with him on the subject of the crime. Even Mr. Keep, his lawyer, did not know what the evidence was, for it is always customary in such cases, for each party to keep the evidence which they have to offer, as much as possible concealed. Antonio had, however, received a summons to appear as a witness, and Mr. Keep told him that if they insisted on examining him, he would be bound to answer all the questions which they put to him, honestly and truly, whatever his private feelings might be.

When the day arrived, Rodolphus was taken by the officer to the court room, and placed in the same chair where Antonio had sat. Antonio had looked around upon the proceedings with so frank and honest an expression of countenance, and with such an unconcerned air, that every one had been impressed with a belief of his innocence. Rodolphus, on the other hand, sat still, pale, and trembling, and he manifested in his whole air and demeanor every indication of conscious guilt.

The preliminary proceedings were all much the same as they had been in the case of Antonio. When these had been gone through, the judge called upon the county attorney to proceed. After a short opening speech he said, that his first witness was Mr. Kerber. Mr. Kerber was called, and took his place upon the stand.

Mr. Kerber first gave an account of the robbery, describing the situation of his office and of the two doors leading to it, and of the desk in the corner, and narrating all the circumstances relating to the appearance of his office on the Monday morning, and the discovery of the strong box under the ruins of the corn-barn. He then proceeded as follows:

"For a time I considered it certain that Antonio, the one who was first suspected, was the one really guilty, and made no effort or inquiry in any other direction until he was tried. I was convinced then that he was innocent, and immediately began to consider what I should do to find out the robber. I examined the hole again which had been bored into the door, and the marks of the tools by which the desk had been broken open. I thought that I might, perhaps, possibly find the tools that fitted these places somewhere about town, and that if I should, I might, possibly, in that way, get some clew to the robbers. So I borrowed the bits and the chisels of several of my neighbors, but I could not find any that would fit.

"At last I happened to think of some old tools that I had in a back room, and on comparing them I found two that fitted exactly. There was a bit which just fitted the hole, and there were some fibres of the wood which had been caught upon the edge of the bit, where it was dull, that looked fresh and compared well with the color of the wood of the door. There was a large chisel, too, that fitted exactly to the impressions made upon the wood of the desk, in prying it open.

"I could see, too, that some of these tools had recently been moved, by the dust having been disturbed around them. There were marks and tracks, too, in the dust, upon a bench, where some boy had evidently climbed up to get the tools. I tried one of Rodolphus's shoes to these tracks, and found that it fitted exactly."

While Mr. Kerber was making these statements, Rodolphus hung his head, and looked utterly confounded.

"Just about the time," continued Mr. Kerber, "that I made these discoveries, a person came to me and informed me – "

"Stop," interrupted Mr. Keep. "You are not to state what any other person informed you. You are only to state what you know personally, yourself."

Mr. Kerber was silent.

The county attorney, who knew well that this was the rule in all trials, said that he had nothing more to ask that witness then, but that he would withdraw him for a time. He then called Antonio. Antonio took his place upon the stand.

After the oath was administered as usual, the county attorney began to question Antonio as follows:

"Were you in Hiburgh on the night of this robbery?"

"I was," said Antonio.

"At what time did you arrive there?" asked the attorney.

"I believe it was a little past nine," said Antonio.

"Were you at the corn-barn when it took fire?"