"you are the fellow that stole the money ethan sent me," squealed miss larrabee, as i entered the office.
"not much," i replied.
"o, but i know you did it; ham fishley says so, and i reckon he knows who took it."
"i reckon he does, too," i answered, as i took a seat assigned to me by the constable.
captain fishley and ham soon appeared, attended by the squire, the latter of whom, to the apparent horror of his brother, took the trouble to come to me, and cordially shake my hand.
"you ought to have told me about this trouble before," said he, in a whisper.
"i meant to keep my promise, whatever happened to me," i replied, cheered by his kindness and good will.[291]
ham fishley looked very pale, and his father looked very ugly. quite a number of witnesses were present, including the postmaster of riverport. the examination was commenced, and i pleaded not guilty. clarence had employed the smartest lawyer in town to manage my case, and i had had a long talk with him the night before. the missing letter was traced to the riverport office, after which it had disappeared. captain fishley swore that i brought the mail up to torrentville, and ham that he had seen me counting what appeared to be a large sum of money, on the night when the letter should have arrived, according to the testimony of the postmaster at riverport, who distinctly remembered the address.
then ham was placed "on the gridiron," and slowly broiled by squire pollard, the lawyer who managed my case. he was asked where he spent the evening, what time he got home, when he had sorted the mail; and before he was "done," he became considerably "mixed." but ham's time had not come yet, and he was permitted to step down.
captain fishley had testified that i had no means [292]of obtaining money honestly, and that i had run away. the captain seemed to be greatly astonished when his brother was called to the witness stand for the defence.
"mr. fishley, were you in torrentville two months ago?" asked squire pollard.
"i was," replied the senator.
"did you see the defendant at that time?"
"yes, sir."
"did you give him any money?"
"yes, sir."
"how much?"
"the young man drove me up from riverport on the night in question. i gave him between forty and fifty dollars at that time, and enough more the next day to make a hundred dollars."
"you gave him a hundred dollars, in two payments?" repeated the lawyer, glancing round at the crowd which filled the room.
"yes, sir, that was the amount i gave him," replied squire fishley; but i saw that he looked troubled.
"you gave him between forty and fifty dollars the first time?"[293]
"forty-six dollars, i think, was the exact amount."
"could this have been the money which ham fishley saw the defendant counting in the hay-loft?"
"i have no doubt it was, as i fix the time from the testimony of the witnesses."
"why did you pay the boy this large sum?" asked the justice.
"because he had rendered me a very important service," answered the senator, coloring deeply.
"what was that service?" continued the magistrate.
"i had the misfortune to fall into the river, and the young man saved my life," added squire fishley, now very much embarrassed.
"ah, indeed!" said the justice on the bench, nodding his head in full satisfaction.
"but the defendant refused to tell where he got the money, and the presumption was, that he stole it."
"i desired him not to mention the matter for reasons of my own."
"i submit, your honor," interposed squire pollard, "that this matter is foreign to the case. squire[294] fishley testifies that he gave the defendant one hundred dollars, and that he desired the young man not to mention the matter. this testimony explains where the defendant obtained his money, and why he declined to tell where he got it. the material facts are all elicited."
not only squire ward, but many others in the room, were very anxious to know why this silence had been imposed upon me. there was something dark about it, and the people were not satisfied. squire fishley was troubled, and, though my lawyer, who seemed to understand the matter,—i had told him nothing,—had influence enough to save him from any exposure, yet he was not content to leave the dark point in its present obscurity.
"there does not seem to be any good reason for this concealment," added the justice.
"all the essential facts have come out, your honor," said squire pollard.
"i wish to explain it fully," interposed the senator, very much to my surprise. "since this event, i have been elected president of a total abstinence society. i took the pledge two months ago, on my return home from torrentville."[295]
"what has this to do with the case?" demanded the justice, impatiently.
"i will explain," resumed the senator. "i had never been in the habit of drinking more than one glass of intoxicating liquor in a day; but meeting some friends on the steamer, i exceeded my limit. in a word, i was somewhat intoxicated when i fell into the river, and this was the reason why i wished to conceal the facts. the events of that night made me a total abstinence man, and with god's help i will never taste the intoxicating cup again."
"ah, indeed!" said the magistrate.
squire fishley stepped down from the stand, wiping the perspiration from his brow. after this humiliating confession, i think there was not a man present who did not respect and honor him for his manly acknowledgment.
"there appears not to be a particle of evidence against the defendant," said squire pollard. "i move that he be discharged."
i was discharged.
my friends gathered around me, as the court broke up, to congratulate me on the happy event.[296] clarence was satisfied, and how warmly emily goodridge pressed my trembling hand! in my heart i thanked god for this issue. captain fishley seemed to be stunned by the result; and mrs. fishley, who came in after the examination commenced, "wanted to know!" ham was confounded; and as he was moving out of the office, the post-office agent placed a heavy hand upon his shoulder.
my junior tyrant looked ghastly pale when he was conducted back to the magistrate's table. his guilty soul was withering in his bosom. tyrants as his father and mother had been to me, i pitied them, for they were not guilty of his crime.
"what do you mean by that?" demanded captain fishley, angrily, as the detective dragged his son up to the bar of justice.
"i arrest him for robbing the mail."
"me!" exclaimed ham, his lips as white as his face, and his knees smiting each other in his terror.
"i should like to know!" ejaculated his mother, holding up both her hands in horror and surprise.
"do you mean to say that ham robbed the mail!" demanded captain fishley.[297]
"i am afraid he did."
"then you are going to believe what that wretch says," gasped mrs. fishley, pointing to me.
the justice immediately organized his court for the examination of the new culprit, and captain fishley was called as the first witness.
"does your son receive wages for his services?" asked the detective, who managed the case for the post-office.
"no, not exactly wages. i give him what money he wants."
"how much money do you give him?"
"as much as he wants," replied the witness, sourly.
"how much have you given him during the last two months?"
"i don't know."
"what do you think?"
"i don't know."
"answer the question to the best of your knowledge and belief," interposed the justice.
"perhaps fifteen or twenty dollars," replied the captain, determined to make the sum large enough [298]to cover the case, though i believed that the sum he named was double the actual amount he had given ham.
"did it exceed twenty?"
"no, i think not."
the detective then inquired particularly into the management of the mails, as to who opened them and sorted the letters. i was then placed on the stand. i told my story, as i have related it before. i produced the fragment of the envelope i found in the fireplace on the morning after the destruction of the letter. captain fishley was overwhelmed, and mrs. fishley wrung her hands, declaring it was all "an awful lie."
captain fishley immediately called in squire pollard, who had done so well for me, to defend his son. the skilful lawyer subjected me to a severe cross-examination, in which i told the simple truth, with all the collateral circumstances about the party at crofton's, the hour, the weather, the day, and twenty other things which he dragged in to confuse me. truth is mighty always, in little as well as in great things, and she always stands by her friends.[299]
the stable-keeper appeared with his memorandum-book, and astonished captain fishley by swearing that ham had paid him over thirty dollars, within two months, for the use of his best team. the witness also testified that he had seen ham pay four dollars for two suppers at the hotel in tripleton, ten miles distant, and that the defendant had told him not to tell his father that he hired the team.
the evidence was sufficient to commit the prisoner for trial before the united states court. his father and his uncle became his bail. the detective had also ascertained that he had given his "lady love" jewelry to the amount of at least thirty dollars, which she indignantly sent back as soon as the facts transpired.
people wanted to know why i had not told of ham before. i had told his father, but he would not believe me. i was afraid that squire fishley would blame me for the testimony i had given; but he did not, much as he regretted his brother's misfortune.
our party left the office together. as we were going out, mr. barkspear put his hand on sim[300] gwynn's arm, and frightened him nearly out of his scanty wits. the poor fellow flew to the protection of mr. goodridge.
"that boy ran away from me," said the miserly farmer.
"he didn't give me enough to eat," howled sim.
"he must go back and work for me till his time is out."
"no, sir; he shall not," interposed the wealthy merchant. "you starved him, and the obligation, if there ever was any, is cancelled."
"but i ought to have sunthin' for his time," whined barkspear.
"not a cent;" and mr. goodridge hurried sim towards the hotel.
sim was relieved; but sim was not exactly a prize to any one. he was good for nothing except to work on a farm, or do the chores about the house. he was good-natured and willing. he had a hand in saving emily goodridge, and her father could not forget that. he found a place for him with a minister in riverport, and left a thousand dollars in trust for his benefit.[301]
my brother wished to go east, and i was held as a witness to appear in ham's trial; but the culprit took to himself heels and ran away, probably by his father's advice, as the testimony against him continued to accumulate. his bail was paid, and nothing was heard of ham for years, when i saw him tending bar on a mississippi steamer. he was a miserable fellow. "cutting a swell" had been his ruin, for his desire to be smart before "his girl" had tempted him to rob the mail.
i am glad to be able to say that squire fishley did not suffer by his honest confession of his own weakness, for he was true to his pledge, and true to his religion. he has held several high offices in this state, and will probably go to congress in due time.
the fishleys of torrentville had no good will towards me, and i kept away from them. our party remained together during the summer at the north, and in october returned to new orleans. flora and i went to live with clarence, and i was employed in the store of his firm, first as a boy, then as a clerk; and when i was twenty-one, i had [302]the capital to go into business as one of the concern.
emily goodridge's health was much improved by her journey to the north, and every year the same party repeated it. i need hardly say that during my clerkship i was a constant visitor at the house of mr. goodridge, and that his daughter and myself were the best of friends. flora used to go there every afternoon; but she could not venture out, as i did, in the evening air.
years rolled on, and brought their changes. i was a merchant in prosperous circumstances. flora, in a measure, outgrew her bodily infirmities, but she was always an invalid. i heard from sim gwynn once in a great while. he took care of the minister's horse and his garden. he could not "keep a hotel," and he did not aspire to do so. he was contented with enough to eat and enough to wear.
i am still a young man; but our firm is bradford brothers. we are doing well, and in time hope to make a fortune. whether i do so or not, i shall still be happy, for my wife—whom i picked up one day on the mississippi river—is joy enough [303]for this world, though i have another, and almost equal joy, in dear flora, whose home is also mine. we are blessed of god, and blessed in ourselves, for we are as loving and devoted to each other as when, years ago, on the raft, we journeyed down the river.
the end
