This appeal had its effect, and a Mr. Shaw becoming security for the prisoner, he was released.
The trial took place on the Monday following—the shooting occured on a Saturday. Ben appeared in the dock, and before a single witness had been called he arose and said:
“I want simply a fair trial, and nothing more. Let every man tell what he knows about the shooting, but let him be careful not to perjure himself. For I announce here that the first witness who goes upon that stand and swears to what is false I will kill in just three seconds. That is all I have to say, gentlemen!”
When Ben resumed his seat, the court room was as silent as a tomb. The conspirators who were on hand to convict Hogan glanced at each other with pale faces. They had agreed to swear to whatever should be necessary to secure a verdict of guilty; but Ben’s words had taken the backbone completely out of them. They knew it was no vain threat which he uttered. They knew that if they swore to what was false they would drop where they stood.
So the first man who was called as a witness fainted from sheer fright. None of the others had courage enough to go upon the stand. And the result was, that there being no evidence of any kind against the prisoner, he was acquitted.
Thus ended the trial, which, had it resulted differently, might have sent a man to the gallows who simply defended himself against the brutal attacks of a mob.
CHAPTER IX.
Leaves Oil County—In Saratoga—Arrested on False Reports—Goes Back to Tidioute—In Rochester—First Meeting with Cummings.