<h2><SPAN name="CHAPTER_XXXI" id="CHAPTER_XXXI"></SPAN>CHAPTER XXXI.</h2>
<h3>THE TRIAL CONCLUDED.</h3>
<p>I do not know how much interest the "gentle reader" may feel in
Bud. But I venture to hope that there are some Buddhists among my
readers who will wish the contradictoriness of his actions
explained. The first dash of disappointment had well-nigh upset
him. And when a man concludes to throw overboard his good
resolutions, he always seeks to avoid the witness of those
resolutions. Hence Bud, after that distressful Tuesday evening on
which Miss Martha had given him "the sack," wished to see Ralph
less than any one else. And yet when he came to suspect Small's
villainy, his whole nature revolted at it. But having broken with
Ralph, he thought it best to maintain an attitude of apparent
hostility, that he might act as a detective, and, perhaps, save his
friend from the mischief that threatened him. As soon as he heard
of Ralph's arrest he determined to make Walter Johnson tell his own
secret in court, because he knew that it would be best for Ralph
that Walter should tell it. Bud's telling at second-hand would not
be conclusive. And he sincerely desired to save Walter from prison.
For Walter Johnson was the victim of Dr. Small, or of Dr. Small and
such novels as "The Pirate's Bride," "Claude Duval," "The Wild
Rover of the West Indies," and the cheap biographies of such men as
Murrell. Small found him with his imagination inflamed by the
history of such heroes, and opened to him the path to glory for
which he longed.</p>
<p>The whole morning after Ralph's arrest Bud was working on
Walter's conscience and his fears. The poor fellow, unable to act
for himself, was torn asunder between the old ascendency of Small
and the new ascendency of Bud Means. Bud finally frightened him, by
the fear of the penitentiary, into going to the place of trial. But
once inside the door, and once in sight of Small, who was more to
him than God, or, rather, more to him than the devil—for the
devil was Walter's God, or, perhaps, I should say, Walter's God was
a devil—once in sight of Small, he refused to move an inch
farther. And Bud, after all his perseverance, was about to give up
in sheer despair.</p>
<p>Fortunately, just at that moment Small's desire to relieve
himself from the taint of suspicion and to crush Ralph as
completely as possible, made him overshoot the mark by asking that
Walter be called to the stand, as we have before recounted. He knew
that he had no tool so supple as the cowardly Walter. In the very
language of the request, he had given Walter an intimation of what
he wanted him to swear to. Walter listened to Small's words as to
his doom. He felt that he should die of indecision. The perdition
of a man of his stamp is to have to make up his mind. Such men
generally fall back on some one more positive, and take all their
resolutions ready-made. But here Walter must decide for himself.
For the constable was already calling his name; the court, the
spectators, and, most of all, Dr. Small, were waiting for him. He
moved forward mechanically through the dense crowd, Bud following
part of the way to whisper, "Tell the truth or go to penitentiary."
Walter shook and shivered at this. The witness with difficulty held
up his hand long enough to be sworn.</p>
<p>"Please tell the court," said Bronson, "whether you know
anything of the whereabouts of Dr. Small on the night of the
robbery at Peter Schroeder's."</p>
<p>Small had detected Walter's agitation, and, taking alarm, had
edged his way around so as to stand full in Walter's sight, and
there, with keen, magnetic eye on the weak orbs of the young man,
he was able to assume his old position, and sway the fellow
absolutely.</p>
<p>"On the night of the robbery"—Walter's voice was weak, but
he seemed to be reading his answer out of Small's eyes—"on
the night of the robbery Dr. Small came home before—" here
the witness stopped and shook and shivered again. For Bud,
detecting the effect of Small's gaze, had pushed his great hulk in
front of Small, and had fastened his eyes on Walter with a look
that said, "Tell the truth or go to penitentiary."</p>
<p>"I can't, I can't. O God! What shall I do?" the witness
exclaimed, answering the look of Bud. For it seemed to him that Bud
had spoken. To the people and the court this agitation was
inexplicable. Squire Hawkins' wig got awry, his glass eye turned
in toward his nose, and he had great difficulty in keeping his
teeth from falling out. The excitement became painfully intense.
Ralph was on his feet, looking at the witness, and feeling that
somehow Bud and Dr. Small—his good angel and his
demon—were playing an awful game, or which he was the stake.
The crowd swayed to and fro, but remained utterly silent, waiting
to hear the least whisper from the witness, who stood trembling a
moment with his hands over his face, and then fainted.</p>
<p>The fainting of a person in a crowd is a signal for everybody
else to make fools of themselves. There was a rush toward the
fainting man, there was a cry for water. Everybody asked everybody
else to open the window, and everybody wished everybody else to
stand back and give him air. But nobody opened the window, and
nobody stood back. The only perfectly cool man in the room was
Small. With a quiet air of professional authority he pushed forward
and felt the patient's pulse, remarking to the court that he
thought it was a sudden attack of fever with delirium. When Walter
revived, Dr. Small would have removed him, but Ralph insisted that
his testimony should be heard. Under pretense of watching his
patient, Small kept close to him. And Walter began the same old
story about Dr. Small's having arrived at the office before eleven
o'clock, when Bud came up behind the doctor and fastened his eyes
on the witness with the same significant look, and Walter, with
visions of the penitentiary before him halted, stammered, and
seemed about to faint again.</p>
<p>"If the court please," said Bronson, "this witness is evidently
intimidated by that stout young man," pointing to Bud. "I have seen
him twice interrupt witness's testimony by casting threatening
looks at him, I trust the court will have him removed from the
court-room."</p>
<p>After a few moments' consultation, during which Squire Hawkins
held his wig in place with one hand and alternately adjusted his
eye and his spectacles with the other, the magistrates, who were
utterly bewildered by the turn things were taking, decided that It
could do no harm, and that it was best to try the experiment of
removing Bud. Perhaps Johnson would then be able to get through
with his testimony. The constable therefore asked Bud if he would
please leave the room. Bud cast one last look at the witness and
walked out like a captive bear.</p>
<p>Ralph stood watching the receding form of Bud. The emergency had
made him as cool as Small ever was. Bud stopped at the door, where
he was completely out of sight of the witness, concealed by the
excited spectators, who stood on the benches to see what was going
on in front.</p>
<p>"The witness will please proceed," said Bronson.</p>
<p>"If the court please"—it was Ralph who spoke—"I
believe I have as much at stake in this trial as any one. That
witness is evidently intimidated. But not by Mr. Means. I ask that
Dr. Small be removed out of sight of the witness."</p>
<p>"A most extraordinary request, truly." This was what Small's
bland countenance said; he did not open his lips.</p>
<p>"It's no more than fair," said Squire Hawkins, adjusting his
wig, "that the witness be relieved of everything that anybody might
think affects his veracity in this matter."</p>
<p>Dr. Small, giving Walter one friendly, appealing look, moved
back by the door, and stood alongside Bud, as meek, quiet, and
disinterested as any man in the house.</p>
<p>"The witness will now proceed with his testimony." This time it
was Squire Hawkins who spoke. Bronson had been attacked with a
suspicion that this witness was not just what he wanted, and had
relapsed into silence.</p>
<p>Walter's struggle was by no means ended by the disappearance of
Small and Bud. There came the recollection of his mother's stern
face—a face which had never been a motive toward the right,
but only a goad to deception. What would she say if he should
confess? Just as he had recovered himself, and was about to repeat
the old lie which had twice died upon his lips at the sight of
Bud's look, he caught sight of another face, which made him tremble
again. It was the lofty and terrible countenance of Mr. Soden. One
might have thought, from the expression it wore, that the seven
last vials were in his hands, the seven apocalyptic trumpets
waiting for his lips, and the seven thunders sitting upon his
eyebrows. The moment that Walter saw him he smelled the brimstone
on his own garments, he felt himself upon the crumbling brink of
the precipice, with perdition below him. Now I am sure that
"Brother Sodoms" were not made wholly in vain. There are plenty of
mean-spirited men like Walter Johnson, whose feeble consciences
need all the support they can get from the fear of perdition, and
who are incapable of any other conception of it than a coarse and
materialistic ones Let us set it down to the credit of Brother
Sodom, with his stiff stock, his thunderous face, and his awful
walk, that his influence over Walter was on the side of truth.</p>
<p>"Please proceed," said Squire Hawkins to Walter. The Squire's
wig lay on one side, he had forgotten to adjust his eye, and he
leaned forward, tremulous with interest.</p>
<p>"Well, then," said Walter, looking not at the court nor at
Bronson nor at the prisoner, but furtively at Mr.
Soden—"well, then, if I must"—and Mr. Soden's awful
face seemed to answer that he surely must—"well, then, I hope
you won't send me to prison"—this to Squire Hawkins, whose
face reassured him—"but, oh! I don't see how I can!" But one
look at Mr. Soden assured him that he could and that he must, and
so, with an agony painful to the spectators, he told the story in
driblets. How, while yet in Lewisburg, he had been made a member of
a gang of which Small was chief; how they concealed from him the
names of all the band except six, of whom the Joneses and Small
were three.</p>
<p>Here there was a scuffle at the door. The court demanded
silence.</p>
<p>"Dr. Small's trying to git out, plague take him," said Bud, who
stood with his back planted against the door. "I'd like the court
to send and git his trunk afore he has a chance to burn up all the
papers that's in it."</p>
<p>"Constable, you will arrest Dr. Small, Peter Jones, and William
Jones. Send two deputies to bring Small's trunk into court," said
Squire Underwood.</p>
<p>The prosecuting attorney was silent.</p>
<p>Walter then told of the robbery at Schroeder's, told where he
and Small had whittled the fence while the Joneses entered the
house, and confirmed Ralph's story by telling how they had seen
Ralph in a fence-corner, and how they had met the basket-maker on
the hill.</p>
<p>"<i>To</i> be sure," said the old man, who had not ventured to
hold up his head, after he was arrested, until Walter began his
testimony.</p>
<p>Walter felt inclined to stop, but he could not do it, for there
stood Mr. Soden, looking to him like a messenger from the skies, or
the bottomless pit, sent to extort the last word from his guilty
soul He felt that he was making a clean breast of it—at the
risk of perdition, with the penitentiary thrown in, if he faltered.
And so he told the whole thing as though it had been the day of
doom, and by the time he was through, Small's trunk was in
court.</p>
<p>Here a new hubbub took place at the door. It was none other than
the crazy pauper, Tom Bifield, who personated General Andrew
Jackson in the poor-house. He had caught some inkling of the trial,
and had escaped in Bill Jones's absence. His red plume was flying,
and in his tattered and filthy garb he was indeed a picturesque
figure.</p>
<p>"Squar," said he, elbowing his way through the crowd, "I kin
tell you sornethin'. I'm Gineral Andrew Jackson. Lost my head at
Bueny Visty. This head growed on. It a'n't good fer much. One
side's tater. But t'other's sound as a nut. Now, I kind give you
information."</p>
<p>Bronson, with the quick perceptions of a politician, had begun
to see which way future winds would probably blow. "If the court
please," he said, "this man is not wholly sane, but we might get
valuable information out of him. I suggest that his testimony be
taken for what it is worth."</p>
<p>"No, you don't swar me," broke in the lunatic. "Not if I knows
myself. You see, when a feller's got one side of his head tater,
he's mighty onsartain like. You don't swar me, fer I can't tell
what minute the tater side'll begin to talk. I'm talkin' out of the
lef' side now, and I'm all right. But you don't swar me. But ef
you'll send some of your constables out to the barn at the
pore-house and look under the hay-mow in the north-east corner,
you'll find some things maybe as has been a-missin' fer some time.
And that a'n't out of the tater side, nuther."</p>
<p>Meantime Bud did not rest. Hearing the nature of the testimony
given by Hank Banta before he entered, he attacked Hank and vowed
he'd send him to prison if he didn't make a clean breast. Hank was
a thorough coward, and, now that his friends were prisoners, was
ready enough to tell the truth if he could be protected from
prosecution. Seeing the disposition of the prosecuting attorney,
Bud got from him a promise that he would do what he could to
protect Hank. That worthy then took the stand, confessed his lie,
and even told the inducement which Mr. Pete Jones had offered him
to perjure himself.</p>
<p>"<i>To</i> be sure," said Pearson.</p>
<p>Squire Hawkins, turning his right eye upon him, while the left
looked at the ceiling, said: "Be careful, Mr. Pearson, or I shall
have to punish you for contempt."</p>
<p>"Why, Squar, I didn't know 'twas any sin to hev a healthy
contemp' fer sech a thief as Jones!"</p>
<p>The Squire looked at Mr. Pearson severely, and the latter,
feeling that he had committed some offense without knowing it,
subsided into silence.</p>
<p>Bronson now had a keen sense of the direction of the gale.</p>
<p>"If the court please," said he, "I have tried to do my duty in
this case. It was my duty to prosecute Mr. Hartsook, however much I
might feel assured that he was innocent, and that he would be able
to prove his innocence. I now enter a <i>nolle</i> in his case and
that of John Pearson, and I ask that this court adjourn until
to-morrow, in order to give me time to examine the evidence in the
case of the other parties under arrest. I am proud to think that my
efforts have been the means of sifting the matter to the bottom, of
freeing Mr. Hartsook from suspicion, and of detecting the real
criminals."</p>
<p>"Ugh!" said Mr. Pearson, who conceived a great dislike to
Bronson.</p>
<p>"The court," said Squire Hawkins, "congratulates Mr. Hartsook on
his triumphant acquittal. He is discharged from the bar of this
court, and from the bar of public sentiment, without a suspicion of
guilt. Constable, discharge Ralph Hartsook and John Pearson."</p>
<p>Old Jack Means, who had always had a warm side for the master,
now proposed three cheers for Mr. Hartsook, and they were given
with a will by the people who would have hanged him an hour
before.</p>
<p>Mrs. Means gave it as her opinion that "Jack Means allers wuz a
fool!"</p>
<p>"This court," said Dr. Underwood, "has one other duty to perform
before adjourning for the day. Recall Hannah Thomson."</p>
<p>"I jist started her on ahead to git supper and milk the cows,"
said Mrs. Means. "A'n't a-goin' to have her loafin' here all
day."</p>
<p>"Constable, recall her. This court can not adjourn until she
returns!"</p>
<p>Hannah had gone but a little way, and was soon in the presence
of the court, trembling for fear of some new calamity.</p>
<p>"Hannah Thomson"—it was Squire Underwood who
spoke—"Hannah Thomson, this court wishes to ask you one or
two questions."</p>
<p>"Yes, sir," but her voice died to a whisper.</p>
<p>"How old did you say you were?</p>
<p>"Eighteen, sir, last October."</p>
<p>"Can you prove your age?"</p>
<p>"Yes, sir—by my mother."</p>
<p>"For how long are you bound to Mr. Means?"</p>
<p>"Till I'm twenty-one."</p>
<p>"This court feels in duty bound to inform you that, according to
the laws of Indiana, a woman is of age at eighteen, and as no
indenture could be made binding after you had reached your
majority, you are the victim of a deception. You are free, and if
it can be proven that you have been defrauded by a willful
deception, a suit for damages will lie."</p>
<p>"Ugh!" said Mrs. Means. "You're a purty court, a'n't you, Dr.
Underwood?"</p>
<p>"Be careful, Mrs. Means, or I shall have to fine you for
contempt of court."</p>
<p>But the people, who were in the cheering humor, cheered Hannah
and the justices, and then cheered Ralph again. Granny Sanders
shook hands with him, and allers knowed he'd come out right. It
allers 'peared like as if Dr. Small warn't jist the sort to tie to,
you know. And old John Pearson went home, after drinking two or
three glasses of Welch's whisky, keeping time to an imaginary
triumphal march, and feeling prouder than he had ever felt since he
fit the Britishers under Scott at Lundy's Lane. He told his wife
that the master had jist knocked the hind-sights offen that air
young lawyer from Lewisburg.</p>
<p>Walter was held to bail that he might appear as a witness, and
Ralph might have sent his aunt a Roland for an Oliver. But he only
sent a note to his uncle, asking him to go Walter's bail. If he had
been resentful, he could not have wished for a more complete
revenge than the day had brought.</p>
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