“We have a case against two men,” said he, “and they are before the court--Mark Shinburn and George White. The Walpole Savings-bank burglary was committed by two men, and we are prepared to show by competent testimony that the prisoners at the bar are guilty of the crime with which they are charged. They are jointly indicted, are jointly guilty, and they, according to the law of this state, must be tried together. “The prisoner White was a poor farmer but a few years ago. It is not possible that he could have honestly accumulated the wealth he now possesses. Where did he get it? He was seen driving about the country with the prisoner Shinburn at the time the plot to rob the Walpole Bank was being concocted. These are the plain facts which the state will prove. There can be no legal decision rendered by the court which will accord the prisoner White a separate trial. I will quote the law.” District Attorney Lane then read at length from the criminal law of the state, and sat down. Don H. Woodward, as I have said, was a young attorney, and never had had an opportunity to show his powers. Undoubtedly fired by the injustice which had been meted out to me, he pressed into the fight with an energy that even surprised himself. He spoke of the unfairness of the law that precluded a separate trial for the prisoners, and then proceeded to bitterly arraign the district attorney. Seldom has a prosecutor been compelled to listen to a flaying such as was administered him by this dashing young lawyer. His words were fearless, and at times he charged the district attorney with being influenced by ulterior motives. “A man was arrested in Saratoga, your honor,” said he, “a business man, a broker. That man is the prisoner, Mr. Mark Shinburn. Bonds were found on him by the police. Two weeks later a man known to the district attorney as James Cummings was apprehended and held in the jail with Shinburn by Mr. Lane. The first knowledge of the whereabouts of the property taken from the Walpole Bank was obtained through the sale of one of the government bonds, and the man who sold the bond was James Cummings. When the detectives arrested him, they found more than five thousand dollars in his possession, the result of the sale of one or more of the stolen bonds. This man Cummings placed bonds in the keeping of my client, Mr. Shinburn, to be sold in the open market. The result of doing a legitimate business for a man who has turned out to be a ‘looter’ of the Walpole Bank, is that my client is before this court accused of the crime of burglary.