Frank, in his own defence, accounted for every moment from the time he
left the bank until he entered it next morning; but the fact that he was
the last to leave the building after remaining there alone half an hour
weighed heavily against him.
No one but the Almighty and Frank himself could know what took place in
the interim, and the lawyers sought in vain to bridge over the fatal
half-hour which succeeded Mr. Vaughan's departure.
The case finally went to the jury, and a verdict of guilty was
reluctantly rendered in accordance with the facts.
The District Attorney moved for sentence, and Frank was directed to take
his place before the bar, when a commotion occurred at the door of the
court-room.
Some one was evidently trying to force his way through the crowd.
For a moment all was confusion, and the judge rapped savagely for order.
All this time a young man was making the best of his way towards the
bench. It was Tom Wetherby. Without looking to the right or left he
kept his eye fixed upon the judge, and raised his hand in token of a
desire to be heard.
Judge Dalton, recognizing that something of import must be responsible
for this unprecedented proceeding, calmly awaited Tom's approach.
At length he reached Wentworth's side before the bar, and speaking
earnestly, said: "I believe, your honor, I have in my possession
evidence which will clearly establish the innocence of the prisoner. I
have travelled all the way from New York to bring it to you, and reached
Whitonville less than half an hour ago. If you will let me give the
evidence to the prisoner's counsel before you take further action, I
think you will be satisfied with the truth of my statement."
The required permission was given, and every eye in the room was fixed
on Tom while he hurriedly told his story to the lawyer and produced his
negative and print.
A consultation followed between Frank's lawyer, the District Attorney,
and Judge Dalton.
Presently the judge turned to the jury and said, "In view of the fact
that new evidence of importance has been presented to me, the District
Attorney recommends the reopening of the case; I therefore set aside the
verdict rendered, and ask your further consideration of the matter."
The excitement of the spectators was intense. Frank's lawyer promptly
called Tom to the stand.
Tom testified to the facts we already know, and took his seat.
"Mr. Hendrix," said the lawyer, turning to the cashier, who occupied a
seat among the witnesses for the people, "will you take the witness
chair for a few moments?"
Hendrix started as though he had been shot, but rose and made his way to
the stand.
"Will you tell us, Mr. Hendrix, where you were between the hours of nine
and ten o'clock on the night of the robbery?"
"I was at home."
"Did you not leave the house at all that evening?"
"No, sir; it was a very stormy night, and I did not go out."
"You are perfectly sure of this?"
"Certainly. I did not leave my house."
Public-domain text, read in full here on John Shaqi.
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