THE blacksmith, who had made several notes when Dan told him the story, looked at the paper in his hand. He had often seen court-martial trials in the army and knew how to proceed.
“Mr. Lee,” he said, “you have testified to seeing the defendant, some time early this morning, riding on a horse, and carrying a bundle. Is that correct?”
“I seen Dan Hardy, if that’s who you mean.”
“Yes, he is the defendant in this case. Now will you state to the court just how large this bundle was?”
“Wa’al, it wasn’t very big.”
“As big as a bushel basket?”
“No, of course not. He had it in his pocket, and I’d like to see any one carry a bushel basket there and ride a horse.”
“Well, how big was it?”
“You said you saw it, and have so testified under oath.”
Mr. Lee squirmed in his seat.
“Wa’al,” he said at length, “I didn’t see it very plain. It was dark at the time.”
“Yet you have stated to the court under oath that you saw Dan Hardy very plainly when you got up to get something to stop your toothache. You have testified that you saw him have a bundle. Now I want you to state to the court the size of that bundle.”
The room was very still now. Clearly something was coming, and the crowd did not want to miss it.
“Wa’al, I guess it was about as big as a quart measure,” said Mr. Lee at length.
“You swear to that?”
“I s’pose so.”
“That will do.”
There was a murmur of surprise at the sudden ending of the storekeeper’s testimony.
“Is that all?” asked Mr. Lee, apparently much relieved.
“Yes. Call Silas Martin.”
The hired man, still blushing, returned to the witness stand.
“Silas,” began the blacksmith in a kindly tone, “can you swear as to how much stuff was taken away from Dr. Maxwell’s house?”
“Pretty near, Mr. Harrison.”
“What was it?”
“Wa’al, there was a lot of spoons, forks, knives, a big silver water pitcher, a silver sugar bowl, a silver coffee pot, a silver coffee urn and—”
“In fact there was quite a bulky lot of stuff, was there not?”
“Yes, sir.”
“About how large a bundle would it make?”
Once more the crowd gave a sort of gasp. They began to see to what end Mr. Harrison was asking questions.
“Wa’al, I used t’ clean th’ pitchers, urns an’ sugar bowl once a week,” testified Silas, “an’ I used t’ put ’em all in a basket t’ carry ’em out t’ th’ harness room t’ polish ’em.”
“How big a basket did you put them in, Silas?”
“Wa’al, by careful managin’ I could git th’ water pitcher, th’ milk pitcher, th’ sugar bowl, th’ coffee pot an’ th’ tea pot in a bushel basket.”
“Was there room for anything more?”
“Not a bit.”
“Then the things stolen from Dr. Maxwell’s house would more than fill a bushel basket?”
“They’d pretty near fill two.”
“That is all, Silas.”
“Ye don’t want me no more?”
“No, I do not, but perhaps some of these other gentlemen might like to question you,” and Mr. Harrison motioned to the two constables.
“No, I don’t want to,” said Mr. Wolff, and Mr. Walker also indicated that he desired to take no part in the matter.
“Then I think you may go, Silas,” said Mr. Harrison.
“Before I go I want t’ say I don’t believe Dan Hardy robbed th’ house!” exclaimed Silas.
“Silence!” cried the justice, who, for the last few minutes had felt that he was being ignored. “If you say that again I shall commit you for contempt of court.”
“Wa’al, I said it all I want t’,” murmured Silas, as he went back to his place in the rear of the room.
“Squire Perkfell,” began the blacksmith, “I think I have brought out enough evidence to prove that Dan had no part in this robbery. Mr. Lee has testified that the bundle Dan had was the size of a quart measure. The doctor’s hired man, who is in a position to know, swears that the booty taken from the house would more than fill a bushel basket. I therefore submit that the bundle Dan had was not stolen property, and I shall prove it.”
Mr. Savage was next called, and, though he was rather an unwilling witness in behalf of Dan, he told of sending the lad to Mrs. Randall’s house with the medicine, which was brought back. He thus accounted for Dan’s night trip, and for the package the boy carried.
“Dan Hardy, take the stand,” called Mr. Harrison, and Dan, with firm tread, and head held erect, walked forward to give his evidence. He told of his night ride, and of seeing the mysterious men, also of his intention to slip to the village and inform the constables without bothering to tell Mr. Savage.
“What about th’ spoon we found in his pocket?” asked Constable Wolff triumphantly.
“Explain that, Dan,” said Mr. Harrison, and Dan did so, telling how he had found the article.
There was a murmur in the courtroom at this. It was plain that many persons, if they did not believe Dan guilty, did think he was in league with the robbers. There were sneering whispers.
“In view of what had been testified, and from the lack of any positive evidence that my client was involved in this robbery, I respectfully ask his discharge,” said Mr. Harrison.
“Don’t let him go free! He’s guilty!” exclaimed Constable Walker, who hated to see his prisoner set at liberty.
“Silence!” cried the justice. “I shall commit you for contempt.”
He glared around in a menacing manner.
“Ahem!” he went on portentously. “I have carefully listened to all the evidence in this case. The prisoner seems able to prove a fairly good alibi—”
“What’s that. I wonder,” whispered Constable Walker to Constable Wolff.
“Sh! That means he was somewhere else when he done th’ crime.”
“But how could he be somewhere’s else?—”
“Silence!” cried the justice, glaring at the two officers. Then he went on:
“In spite of the seeming alibi, and the testimony about the size of the bundle he had, the discovery of the spoon in his pocket is very damaging. I shall express no opinion in the matter, but I feel obliged to hold the prisoner in one thousand dollars bail to await the action of the Grand Jury.
“If he can not furnish the bail, or a satisfactory bondsman, who owns property worth at least twice the amount of the bail, I shall have to commit the prisoner to jail. Court is adjourned.”