I have endeavored to be accurate in my treatmentof each part of this history, and if there shall bevidiscovered an error here and there, kindly, dearreader, attribute it to a lapse of memory. I keptno record of events, for in leading the life of atransgressor it is not conducive to safety; so I havebeen forced to depend solely upon my memory,which, as it dwelt on the past, soon became aliveagain with old scenes. Acts long forgotten returnedto me clothed as they were more than twoscore yearsago, and I found myself living over the bright days,the dark days, the days of wealth, and the days ofpoverty. I started to write a small book, but factscrowded upon me until I have been enabled to issuea volume of no mean proportions.
Wyckoff was not the first marshal to stop at my4hotel, for in those tumultuous times they poppedup frequently in search of deserters from the army.I confess to taking a great liking to him, and whenin a few hours he left the hotel, saying he must go onfarther, I felt genuine regret, in which there was notmingled an avaricious thought.
The next I saw of him was in September, when heput up with me again. He engaged one of my bestspans and was away three days. Later in the samemonth he was my guest, and, hiring another outfit,was gone three or four days. In October I saw him,but in a most unexpected manner, as shall be relatedin due time.
Presently Merrill told me Cummings wanted ateam to make a hurried journey to Keene, New Hampshire,something like a hundred miles distant. Iobjected to sending my horses on a trip like that;but Cummings insisted that he must meet Wyckoffat Keene the following night, as they had a veryimportant matter to transact there.
All his worst fears were confirmed. The keyswere dangling in the lock, the safe had been openedwith a key, and papers were scattered over the floor.Every dollar of the cash and bonds had been taken.The bank was ruined, and great was the excitementin Walpole for many days.
I have it from Golden that Cashier Faulkner ofthe Ashuilot was about unnerved when shown howeasily the key opened the vault door. He realized16how narrow had been his escape from an experiencelike that of Cashier Aldrich. The detectives toldhim there was no doubt that the Ashuilot wouldhave been robbed as soon as the excitement of theWalpole case had died out.
Shinburn was taken to New Hampshire and lockedunder a strong guard in the jail at Keene. Meanwhilethe detectives took up the trail after JamesCummings, which led them to Philadelphia, wherehe was arrested a few days later. In his possessionwere something more than five thousand dollars incurrency, undoubtedly the result of the bond sale.He was extradited to New Hampshire and lodgedin the same jail with Shinburn. District AttorneyLane was handed the money by Golden and Kelso.
Innocent of the crime of burglary, a man who hadalways stood up boldly among his fellow-men,looking all squarely in the eye, to be thus ignominiously,horribly entangled in the meshes of the lawwas to set upon him the torments of hell. I doubt,if there be a corner set apart, in the infernal region,in which certain condemned ones must meditateforever over their evil deeds, whether their mentalagony will be a tittle of the writhing anguish thatbesieged my soul, until I was left a wreck of myformer self.
23I was at times far removed from a calm contemplationof my position, and on more than oneoccasion wondered if my brain would retain itsnormal reasoning. Once I feared that I would gostark mad, with the wild rush of a thousand fancies,pursuing each other through my brain, like so manylittle green-eyed imps. Oh, it was horrible. Andthere came moments when I cursed man and God,and raved that man was a misnomer for all thatwas devilish and that God was only a myth. Again,and I was being sifted, as it were, through a sieve ofthe finest mesh, that part of me left in the sievebeing transformed into all that was vile, and mypulverized self passing through, all the good in me,being blown to the four winds of heaven. No doubtthat this was a fantasy, yet as I lay in my cold cellI was so vividly impressed that it seemed a hideousreality.
Following such an affliction, there would comecalmer moments, in which I was able to contemplatemy condition, in much the same manner as a hardenedcriminal. When this mood possessed me, I had anawful, haunting dread of what the future mighthold to rule my after days. But, as the time passed,and I had frequent consultations with my attorney;talked of the associations I had had with the manWyckoff, whom I had come to know as Mark Shinburn;discussed my arrest at Stoneham, when Ibelieved, at first, that I was the victim of a joke;24and went over the various stages of my case, I began,at intervals, to be somewhat philosophical.
My attorney, A. V. Lynde, with whom I had doneno little real-estate business, often visited me injail, and we discussed the points that were held bythe prosecution to be positive proof of my guilt.There was my journeying about the country withShinburn and Cummings, while they were, at thesame time, plotting to rob the Walpole Bank, andmany other points that were brought against me,but of a still more circumstantial nature. All thesematters were laid before me, and I could well understand25how some people might honestly believe meguilty.
As I lay in jail, I did not know that the avarice ofa stockholder of the Walpole Bank would lead himto persecute me almost beyond measure. I did notthink that he would, with good reason to believe meguiltless, use his influence to set one of the realcriminals free, and set the law upon me, in orderthat he might recover the loss he had sustainedthrough the robbery. I did not know that he wouldcontinue his persecution until every dollar of mywealth was stripped from me, and I was left at themercy of my friends to defend my innocence. Butso it was.
While I lay in jail, asking day by day for ahearing, the coils of injustice were being tightenedabout me. The prosecution did not show its handby any too quick action. It was only when theprocess of the law must be carried out that there wasno longer secrecy kept by those who held my fate intheir hands. I had asked for an immediate hearingon the day of my arrest, but it had been denied me.One would have thought that a man who had bornea good reputation in a community bordering on thevery jail that held him, would have been given moreconsideration than a professed criminal. It was notso. The earliest opportunity given me to be heardwas four weeks after my arrest. Then I was affordedonly a chance to plead not guilty to the charge, for26the district attorney, F. F. Lane, asked for an adjournmentfor two weeks and was given it. Whatconspiracy was hatched during those two weeks, Ishall allow the facts to tell in their undeniable way.
The jail was one, for strength, that modern buildersmight copy with profit to governments. It was ofgranite walls, two feet thick, with double-barredwindows and ponderous doors, well secured withmassive locks. The main floor of the jail properwas used for small fry thieves and petty offenders,but the second floor contained three cells whichwere used for the safe keeping of those chargedwith murder and felony. Shinburn, Cummings, andI occupied these cells. The two end ones werelight, but that in the middle was on the order of adungeon. My cell was large, and two windowsopened from it to the street.
Galling to me were these facts, if facts they were;and I had no reason to doubt Shinburn in view ofthe positive information that Cummings was nolonger a prisoner. What a turn of fate was it, indeed,that wrought out the freedom of a guilty manand left me, the innocent one, still in jail! Was itany wonder that I groaned aloud and wonderedwhether there was a God?
I now recall with what rapidity my case wascalled after the district attorney had gotten Cummingsout of the way. It was put forward with allthe vigor that I had clamored for six weeks prior,and excuses were made that the delay was causedby the difficulty in framing the case. As the timefor the hearing drew near, I had a feeling that I wasin deadly peril, though Mr. Lynde assured me thatthere was no doubt that I would not be held for thegrand jury.
While I had lain in jail, Herbert Bellows begana suit in tort in Middlesex County, Massachusetts,and, attaching my property, sacrificed it at a forcedsale. Though the trial of the suit was never had,I was stripped of my property and left financiallyhelpless, save for the loyalty of my friends. Notwithstanding30this lack of means, these friends, nota few of them my creditors, came to my assistance,and I was admitted to bail. In the meantime thegrand jury handed down a joint indictment againstShinburn and myself, and the case was placed on thecalendar of the October term of the Cheshire CountyCourt.
32The trial day came, but our case was not calleduntil long after noon. A big crowd was in thecourt-room, as widespread interest had been causedby the predicament which I was in. There werehundreds of people present from several counties,a great many of whom could not obtain admittance,owing to the lack of room.
There were many of my friends present, whichincluded my Boston business partners, CharlesMeriam, a broker who had done no little businessfor me, and my friends and my employees fromStoneham. Besides these, I saw, what was dearerthan all, my relatives, sitting there to say by theiracts that they believed me innocent, though thewhole world should be against me.
Now, your honor, there is no man who standsfirmer than I for the elevation of the moral and legal34standards. I would see men walk in the best pathsof citizenship, and I would have the people look uponthe law as something too pure and unsullied to belightly held, instead of being obeyed for fear ofthe consequences. I would have the law respectedbecause it is right, and not because there is a penaltyif it is violated. But in the case of the prisonersbefore the court to-day, there is a distinct difference.In Shinburn we have a man about whom there isnothing known in this community. He may beguilty of the charge of burglary or he may not. Sofar as I know, he is falsely accused. But, as toGeorge White, my client, many of you here know,and I know, that until this damnable accusation wasbrought against him he was untouched by theshadow of suspicion.
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