Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IVVarious
General
Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IV
Various
American literature -- Periodicals; Civilization -- Periodicals; Culture -- Periodicals
"At last I happened to think of some old tools that I had in a back
room, and on comparing them I found two that fitted exactly. There was a
bit which just fitted the hole, and there were some fibres of the wood
which had been caught upon the edge of the bit, where it was dull, that
looked fresh and compared well with the color of the wood of the door.
There was a large chisel, too, that fitted exactly to the impressions
made upon the wood of the desk, in prying it open.
"I could see, too, that some of these tools had recently been moved, by
the dust having been disturbed around them. There were marks and tracks,
too, in the dust, upon a bench, where some boy had evidently climbed up
to get the tools. I tried one of Rodolphus's shoes to these tracks, and
found that it fitted exactly."
While Mr. Kerber was making these statements, Rodolphus hung his head,
and looked utterly confounded.
"Just about the time," continued Mr. Kerber, "that I made these
discoveries, a person came to me and informed me--"
"Stop," interrupted Mr. Keep. "You are not to state what any other
person informed you. You are only to state what you know personally,
yourself."
Mr. Kerber was silent.
The county attorney, who knew well that this was the rule in all trials,
said that he had nothing more to ask that witness then, but that he
would withdraw him for a time. He then called Antonio. Antonio took his
place upon the stand.
After the oath was administered as usual, the county attorney began to
question Antonio as follows:
"Were you in Hiburgh on the night of this robbery?"
"I was," said Antonio.
"At what time did you arrive there?" asked the attorney.
"I believe it was a little past nine," said Antonio.
"Were you at the corn-barn when it took fire?"
"I was," said Antonio.
"State now to the jury what it was that led you to go there."
Antonio recollected that what first attracted his attention and led him
to go out, was seeing Rodolphus and the other boys going by with their
lantern, and hearing their suppressed voices; and he perceived that if
he went any further in his testimony he should prove Rodolphus to be
guilty; so he stopped, and after a moment's pause, he turned to the
judge, and asked whether he could not be excused from giving any more
testimony.
"On what ground do you wish to be excused?" said the judge.
"Why, what I should say," said Antonio, "might go against the boy, and I
don't wish to say any thing against him."
"You can not be excused," said the judge, shaking his head. "It is very
often painful to give testimony against persons accused of crime, but it
is a duty which must be performed."
"But there is a special reason," said Antonio, "in this case."
"What is the reason?" said the judge.
Antonio hesitated. At length he said timidly,
"His sister saved my life."
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