CHAPTER XXII.
TRIUMPHANTLY ACQUITTED.
WHEN Myles appeared in the court-room the next morning it was with apale face and heavy eyes after the anxious weariness of his sleeplessnight. He brightened somewhat under the influence of Billings’cheering presence and words, and was comforted by his lawyer’s cordialhand-grasp and confident manner.
The counsel for the company announced that he was satisfied to rest hiscase upon the evidence already in. Then Captain Ellis, addressing thejury, said:
“You have listened patiently, gentlemen, to the charges brought againstmy client and the testimony offered to prove them true. Now I beg toclaim your attention for a very short time to the testimony which Ishall produce to disprove those charges, and show them to be based inpart, if not wholly, upon falsehood and perjury.”
The captain then gave a rapid sketch of the former relations existingbetween Myles Manning and Ben Watkins. In conclusion he said:
“I shall not undertake to disprove that my client acted foolishlyor wrongly upon the evening of his arrival at this place, though Imight easily show how he was tempted and led on from one act of follyto another by those who sought his ruin. I shall, however, endeavorto prove beyond a doubt that he never sought by a dishonest ordishonorable word or action to conceal his folly or undo its effects.He had already confessed it, and fully atoned for it, before this cruelcharge was brought against him.”
The captain first called and examined several witnesses who testifiedthat Ben Watkins had owed them sums of money amounting in all toseveral hundred dollars, and that all of these debts had been paidwithin a week.
Having disposed of these witnesses, Captain Ellis said:
“I shall now place my client on the stand in order that the gentlemenof the jury may hear his side of the story from his own lips. When hehas told it, I shall bring proof that what he has said is the truth,the whole truth, and nothing but the truth.”
Myles’ account of all that had happened to him since his arrival atMountain Junction was listened to with intense interest, though at somepoints a general expression of disbelief swept over the faces of hishearers. It was hard for them to believe that he could have overthrownBen Watkins during the struggle between them in the superintendent’soffice, for Ben looked the larger and stronger of the two young men.
Myles was, of course, subjected to a searching cross-examination bythe other side, but he bore it unflinchingly, answering every questionwithout hesitation, and without once contradicting himself.
When he was finally allowed to resume his seat, a buzz of approvalcame from the spectators, but it was promptly checked by the sheriff.Captain Ellis smiled as he heard it, and Billings nodded his headapprovingly toward the spectators. It was evident to them that the tideof public feeling was turning in their favor.
Myles started as he heard the name of the next witness. It was Mr.Herbert Smedley, and Myles could hardly trust the evidence of his eyeswhen the handsome, self-possessed young fellow whom he had regardedas the wealthiest and most aristocratic of all his classmates noddedjauntily to him from the witness-stand. Myles could only remember howunkindly Bert had seemed to treat him when they last met, and wonder athis presence in this place. His surprise was increased when, in answerto Captain Ellis’ first question, he heard Bert declare himself to bethe step-son of Mr. Saxon, the President of the A. & B. Road.
“Have you known Mr. Manning long?” was asked.
“Ever since we entered college together, nearly four years ago.”
“Was he known in college as an athlete?”
“I should say he was. He was the pride of the gymnasium.”
“Did he ever engage in wrestling-matches?”
“Whenever he had a chance. But he couldn’t find his match in college.”
“Did you ever see him wrestle with Mr. Watkins?”
“Who—Ben? Of course I did; and he threw him every time too.”
At this the buzz among the spectators almost broke out in openapplause. Manning stock was evidently on the rise.
“Now,” said Captain Ellis, when the sensation produced by BertSmedley’s testimony had subsided, “I shall call a witness by whom Ihope to prove that part of my client’s story in which he describedhow the money that enabled him to pay his hotel bill came into hispossession. Mr. William Biggs will please take the stand.”
At the sound of his name the big, uncouth-looking fellow whom Myles atonce recognized as his cabin acquaintance, Bill, shuffled awkwardlytoward the place pointed out to him. He was closely followed by thebull-dog Tige, who, however, was not noticed until he was seated closeby his master’s side on the witness-stand.
“Put that dog out of the room,” commanded the judge, sternly.
The sheriff started forward to obey the order, but hesitated at Tige’sominous growl and display of teeth.
“He won’t do no harm, Jedge. He’s a lamb, Tige is, onless he’s riled.But it’s resky to rile him,” said Bill, facing his Honor and quietingthe dog at the same time.
So Tige was allowed to remain where he was, though every now and thenhe expressed his disapproval of the proceedings by a low growl.
Bill, who fortunately was able to read, identified the “Friend-in-Need”note, and described how it came into his possession.
Then Captain Ellis read the note aloud, and handed it to the clerk ofthe court to be filed as evidence.
The appearance of Bill and Tige on the witness-stand was as good as acircus to the spectators, and they appreciated it thoroughly.
Now they wondered what new sensation was in store for them, but theywere not allowed to wonder long. The opposing counsel had hardlyfinished his cross-examination of Bill, whose answers were such as tocompletely baffle him, when Captain Ellis said:
“Now, your Honor and gentlemen of the jury, I am about to placeupon the stand a person who was actually present at the famouswrestling-match so graphically described by both my client and Mr.Watkins. As their accounts differ very materially from each other,it is possible that the testimony of this witness may indicate whichversion of the affair is the true and which the false one. Is JacobAllen in court? and, if so, will he please step forward?”
There was a moment of waiting, during which the spectators exchangedlooks of surprise. Then, from the extreme back part of the room, JacobAllen, the leader of the late strike, the man for whose arrest a rewardwas offered, appeared among them, and the crowd made way for him topass.
As he stepped to the stand and turned a fearless gaze upon those beforehim, the lawyer for the company sprang to his feet and said:
“I object, your Honor, to the testimony of this man being received. Hisrecent outrages have placed him in the position of a criminal for whoseapprehension the company that I have the honor to represent offers alarge reward, and for whom officers are now in search. In the name ofthe President of the A. & B. Railroad Company, I demand his immediatearrest.”
“Your Honor,” said Captain Ellis, “if I am not mistaken, Mr. Allen hasin his possession a paper that not only relieves him from all fearof arrest, but grants him unconditional pardon for any alleged act ofwrong committed against the A. & B. Railroad Company.”
“If you have such a paper as this gentleman suggests, I shall bepleased to examine it,” said the judge, turning to Allen.
The latter handed him a letter, which the judge read carefully. When hehad finished it, he said:
“This letter not only contains a withdrawal of all charges againstJacob Allen, together with that of the reward offered for hisapprehension, but it restores him to his old position as conductor onthe A. & B. Road. It is signed by Walker B. Saxon, President, withwhose signature I am perfectly familiar. Under these circumstancesI shall be obliged to admit the testimony of this witness as legalevidence.”
So Jacob Allen was sworn, and allowed to tell his story. He told firsthow Myles Manning had rescued his boy from imminent peril, and how, outof gratitude, he had given him a pass that would insure him courteoust
reatment at the hands of any striker he might meet. He denied thatMyles had ever afforded any information or aid to the strikers. Hementioned meeting the young reporter on the street the evening afterthat of little Bob’s rescue and hearing him inquire if he had seen anything of Mr. Watkins. He told how, upon learning from him that theassistant superintendent was in his office, Mr. Manning had asked himto wait there a minute until he should return, and had entered therailroad building.
“Did you wait?” asked Captain Ellis.
“Yes, sir; I waited until I heard such a scuffling and crashing offurniture up there in the office that I felt it was time to go up andsee if anybody was getting hurt.”
“What did you see?”
“I didn’t see any thing, for the light was out, but as I reached theoffice door, which was open, I heard Mr. Manning say, as nearly as Ican repeat his words,
“‘Ben Watkins, I hope you realize that you are whipped, and that I havesaved you from committing a State-prison offence. I don’t know why youwanted to set fire to this building, but it looks as if you wished todestroy the contents of that safe in such a way that the blame shouldbe laid upon the strikers. I don’t know what those contents are, butthey must be of value to the company. It is evident that you are notfit to be trusted with them. If you will put them back, lock the safe,and give me the key to keep until your uncle returns, I will then giveit back to you. As I don’t want to see an old classmate disgraced, Iwill agree to say nothing of this night’s work so long as you do notcompel me to.’
“Then I heard Mr. Watkins agree to do as Mr. Manning said, and withthat I heard them both get up from the floor. They lighted a lamp,and I saw that the books and papers from the safe were scattered allaround. Mr. Watkins picked them up, put them back in the safe, lockedit, and handed the key to Mr. Manning. Then Mr. Manning started toleave the office, and I slipped out ahead of him so quietly thatneither of them suspected I had been there.
“When Mr. Manning came down I gave him the bit of a pass I had writtenfor him. Then he hurried away. An hour or so after that, as I was goinghome, I saw Mr. Watkins stop at the post-office door as if he weremailing a letter.”
All this had been listened to with breathless interest, and when Allenceased speaking a sound like a great sigh of relief rose from thespectators. They all knew Jacob Allen to be a man of such sterlinghonesty that “as honest as Jake Allen” had become a saying in the town.He had never been known to tell a lie, and it was not likely that hewas telling one now.
Allen’s cross-examination was long and severe, but it failed to alterhis statements by a single word.
Captain Ellis himself took the stand for the purpose of testifying tothe sending back of the safe-key by Myles the moment he heard of thesuperintendent’s return.
Finally a hotel bell-boy testified that, late on the night of Mr.Manning’s arrival at the house, Mr. Watkins had sent him to thetelegraph office with a short dispatch.
A copy of the message sent to the _Phonograph_ accusing Myles ofintoxication was read by Captain Ellis, and the operator testified tohaving sent it late that night and that it was in Watkins’ handwriting.
With this the examination of witnesses came to an end, and the counselfor the company rose to make his closing argument. He dwelt at lengthon Myles’ behavior when he first came to the town, claiming that italone was sufficient to prove him capable of other acts of folly andeven crime. He also attacked the character of the chief witness forthe defence, Jacob Allen, and said that his late actions now renderedhim unworthy of belief even under oath. He trusted that in weighingthe value of the testimony given by Mr. Watkins and the person accusedof this great crime the jury would consider their respective positionsin life. The one, he said, was a gentleman filling a most importantposition, in which he enjoyed the fullest confidence of his superiors,while the other was but a reporter, whose business was the fabricationof interesting stories. After talking for nearly an hour in this style,and arousing the violent wrath of Billings, the prosecuting lawyerconcluded with an expression of confidence that the jury would find averdict for the plaintiff, and sat down.
Now came the turn of Captain Ellis. In a manly, straightforwardaddress that lasted half an hour he gave the history of the case,and showed how, by a perfectly natural course of events, an innocentand unsuspecting person had become involved in a tangled web ofcircumstantial evidence that caused him to be accused of a crime.He pointed out clearly that a desire for revenge and an urgent needof money, together with an offered opportunity for taking it, mightreadily have led Ben Watkins to rob the safe and then seek to fastenthe crime upon another. He told the story of Myles’ splendid act insaving from disaster the train with the 50th Regiment on board, andasked the jury if they thought it possible for a person who wouldcommit the one act, to be capable of performing the other. He referredto the remarkable character for honesty and truthfulness that JacobAllen had borne for years. He answered his opponent’s slur uponreporters by speaking of them as gentlemen whose position was ashonorable and important as that of any class of men in the world, andhe finally ended by saying that he was willing to rest his case withthe jury upon the merits of its evidence alone.
The judge summed up the main points of the case in a few brief andclearly worded sentences. Then he informed the jury that they mightretire and consider their verdict.
Without leaving their seats the twelve jurymen, who had watched thecase with a deep interest, whispered together for a moment. Then theforeman rose and said:
“May it please the Court, we do not find it necessary to retire, as ourminds are already fully made up, and we are unanimously agreed as tothe verdict.”
A breathless silence reigned over the court-room. Myles felt as thoughhis very heart had ceased its beating, while Ben Watkins’ face assumeda deathly pallor.
“Very well, Mr. Foreman,” replied the judge, “the Court awaits yourverdict.”
“It is, ‘Not guilty,’” said the foreman, speaking in a loud, clearvoice.
At these words the young reporter’s overstrained nerves gave way, andburying his face in his arms on the table before him, he gave one greatgasping sob of joy.
The next instant Billings grasped his hand, crying out as he shook it:
“IT’S ALL RIGHT OLD MAN. YOUR SPACE HAS BEEN MEASUREDAND THE FULL BILL IS ALLOWED.” (_Page 343._)]
“It’s all right, old man. Your space has been measured and the fullbill is allowed.”
“Silence!” roared the sheriff; “silence in court!”
But for the next minute or two he might as well have commanded the windto keep silence. The spectators couldn’t help cheering, and as many ofthem as could get near him just had to shake hands with Myles Manning.
As soon as a little quiet was restored and he could make himself heardthe judge ordered the sheriff to arrest Ben Watkins on the charge ofperjury. That officer attempted to obey the order, but it was too late;Ben had disappeared. Taking advantage of the momentary confusion thatfollowed the verdict he had slipped from the court-room. Five minuteslater he was on board a fast train westward bound; nor from that day tothis has any thing been heard from him directly. He is supposed to bein one of the new mining regions of the far West, but as the railroadcompany have not seen fit to prefer a charge against him for robbingtheir safe, nobody has cared to look him up.
As for Myles, the world never seemed so bright and joyous to himas when he stepped from that court-room honorably acquitted ofthe dreadful charge that had threatened to cloud his whole life.Accompanied by Billings, Captain Ellis, and Bert Smedley, he walked tothe hotel, and almost every person they met on the way stopped to shakehands with him, or greeted him with a bow and a smile.
The good news had already travelled far beyond Mountain Junction.Billings had dispatched two messages from the court-room, one to Mrs.Manning and one to the _Phonograph_. Captain Ellis had sent one to thecolonel of the 50th Regiment N. G. S. N. Y., and Bert Smedley had sentone to Mr. Saxon. Answers to these began to arrive soon aft
er the partyreached the hotel. The first was,
“We never for a moment doubted result. Come home quickly.
“KATE.”
From Mr. Haxall came the words:
“The _Phonograph_ is proud of its representative, and congratulates itself as heartily as it does you.”
A dispatch from the general officers of the A. & B. Railroad containedthe words:
“This company would not have brought suit against you had it not felt certain of defeat. Accept heartiest congratulations, and come home with Bert as soon as you reach New York.
“WALKER B. SAXON, _President_.”
The fourth message to come flying over the wires to Myles was:
“The 50th rejoices over your victory, and is under orders to celebrate—Fizz, Boom, Ti-gah! Signed, Pepper, Colonel, and a thousand other friends.”
The fast express of that afternoon bore Myles and his three faithfulfriends away from the scene of the young reporter’s recent trials andtriumphs. As it left the Mountain Junction station it was followed by ahearty round of cheers from a crowd of people. They were led by JacobAllen and little Bob and by Bill Biggs and Tige, the bull-dog.
Billings had seen to it that the _Phonograph_ should have a fulldescription of the trial and its glorious ending. When Myles read itthe next morning it was with a greater pride than he had taken in thatother account of himself published some ten days before, but it was apride tempered with humility and sincere gratitude.
As the train rolled into the New York station it was greeted by thefamiliar cheer of the 50th Regiment. There, in full uniform, drawn upin perfect line, was Captain Ellis’ company, to whom had been accordedthe honor of welcoming home the new honorary member of the regiment.His name is inscribed upon the roll as “Myles Manning, the hero ofMountain Junction.”
Myles, Bert, and Billings, breakfasted with President Saxon of the A.& B. Road. When the first-named of these guests ventured to ask thisfriend why he had taken such an interest in him and his affairs, theother smilingly answered:
“For Bert’s sake, and because he asked me to, in the first place;afterward, because you proved yourself worthy of it. I knew of youthrough Bert long before you found it necessary to leave college, butwhen, on the very day that you did leave it, he came to me and asked meto do something for you, I said that I must first know you personallyand study your character.”
“And to think,” said Myles, turning to Bert, “that I should have somisjudged you, and considered you as only a friend in prosperity whowould desert a fellow in his time of need!”
“I wish,” remarked Billings, plaintively, “that somebody would arrestme, and give me a chance to prove how truly good I am. My failing seemsto be that I am beyond all hope of suspicion.”
At the _Phonograph_ office Myles was received with heartycongratulations.
Of all his triumphs his welcome home was the greatest and best. Hismother’s happy tears, Kate’s proud smiles, and his father’s “I am wellsatisfied with you, my son,” were more than worth the trials that hadwon them.
* * * * *
All this happened some years ago, and since then time has workedmany changes. Van Cleef, for instance, is one of the cleverest andbest-informed editorial writers on the _Phonograph_, of which Rolfeis managing editor, and the original and only Billings is the valuedWashington correspondent. Myles Manning remained on the paper until hehad made an enviable reputation for himself as a space writer and stoodat the head of the reporters’ list. Then he resigned to accept a fineposition as a foreign writer for one of the great illustrated magazines.
His articles appear in the magazine, illustrated by charming sketchessigned “K. M.”; for his sister Kate travels with him wherever he goes.Every now and then they find time to visit their parents in London,where Mr. Manning, entirely recovered from his blindness, is thetrusted financial agent of the A. & B. Railroad Company of New York.
With all his prosperity, and with all the freedom of action that hismagazine allows him, Myles never for a moment forgets that he is still“under orders.” He has won a reputation for prompt obedience to them,and his superior officers consider that they cannot praise him morehighly than by saying:
“Myles Manning never fails us. He can always be depended upon to carryout our instructions to the very letter.”
THE END.