The counsel for the defense was electrified. Up to that moment he had
believed that his client was guilty. But there was so much of solemn
truthfulness in the voice that he could not resist its influence.
As for the trial itself, which came off two days later, that was a dull
enough affair. It was easy to prove that Albert had expressed all sorts
of bitter feelings toward Mr. Westcott; that he was anxious to leave;
that he had every motive for wishing to pre-empt before Westcott did;
that the land-warrant numbered so-and-so--it is of no use being accurate
here, they were accurate enough in court--had been posted in Red Owl on a
certain day; that a gentleman who rode with the driver saw him receive
the mail at Red Owl, and saw it delivered at Metropolisville; that
Charlton pre-empted his claim--the S.E. qr. of the N.E. qr., and the N.
1/2 of the S.E. qr. of Section 32, T. so-and-so, R. such-and-such--with
this identical land-warrant, as the records of the land-office showed
beyond a doubt.
Against all this counsel for defense had nothing whatever to offer.
Nothing but evidence of previous good character, nothing but to urge that
there still remained perhaps the shadow of a doubt. No testimony to show
from whom Charlton had received the warrant, not the first particle of
rebutting evidence. The District Attorney only made a little perfunctory
speech on the evils brought upon business by theft in the post-office.
The exertions of Charlton's counsel amounted to nothing; the jury found
him guilty without deliberation.
The judge sentenced him with much solemn admonition. It was a grievous
thing for one so young to commit such a crime. He warned Albert that he
must not regard any consideration as a justification for such an offense.
He had betrayed his trust and been guilty of theft. The judge expressed
his regret that the sentence was so severe. It was a sad thing to send a
young man of education and refinement to be the companion of criminals
for so many years. But the law recognized the difference between a theft
by a sworn and trusted officer and an ordinary larceny. He hoped that
Albert would profit by this terrible experience, and that he would so
improve the time of his confinement with meditation, that what would
remain to him of life when he should come out of the walls of his prison
might be spent as an honorable and law-abiding citizen. He sentenced him
to serve the shortest term permitted by the statute, namely, ten years.
Public-domain text, read in full here on John Shaqi.
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