Branded

by Francis Lynde

Of course, I didn't have to wait until Whitredge came over to the county seat to learn that I had hopelessly cooked my goose by the clumsy attempt at an escape. What I did not suspect then, nor, indeed, for a long time afterward, was the possibility that Withers or Geddis, or both of them, had forestalled me in the matter of bribing the two deputies; that my foolish attempt had been anticipated, and that Whitredge, himself, was not wholly above suspicion as an accessory before the fact. For it was his thinly veiled suggestion that put the thing into my head.

However, that is neither here nor there. With the charge before it, the grand jury quickly brought in a true bill against me; and on the plea of the county prosecuting attorney my case was advanced on the docket and set for trial within the week, the argument for haste being the critical state of affairs in the business of the Farmers' Bank of Glendale; a state of affairs which demanded that the responsibility for certain shortages in the bank's assets be fixed immediately as between the accused bookkeeper and cashier and his superiors. Whitredge brought me word of this hurry-up proposal, and either was, or pretended to be, properly indignant over the unseemly haste.

"You just say the word, Bert, and I'll have the case postponed until the next term of court, or else I'll know the reason why!" he blustered stoutly.

"Why should I wish to have it postponed, when the delay would merely mean six months more of jail for me?" I objected.

"It might give us some chance to frame up some sort of a defense; and, besides, it would give public opinion a little time to die down," he suggested. "I say it isn't fair to try you while everybody's hot and excited and wrathy about the money loss. Still, if you think you're all ready, and want to take the chance——"

He knew I did, and was only egging me on. What he and all the rest of them were working for was to get me out of the way as swiftly as possible. I knew this afterward, after I had time to think it out and piece it together; and God knows, they gave me all the time I needed to do the thinking.

So, with the prisoner's counsel making no motion to the contrary, the trial date stood, and shortly I found myself in the dock, with good old Judge Haskins peering down at me over the top of his spectacles. Like many of the older people in the county, the judge had known my father well, and I am willing to believe that it was not easy for him to sit in judgment upon that father's son.

The trial was fair enough, as such things go. In the selection of the jury, Whitredge made free use of his challenging privilege; but it seemed to me that he always objected to the intelligent man and chose the other kind. When our Anglo-Saxon ancestors fought for the right of trial by jury, and got it, they passed down to us a sword with two edges. Their idea, which was embodied in the common law, was that a man should be tried by a jury of his peers. But the way things have worked out, the man of average intelligence is apt to have to face a dozen jurors who are chosen partly for their lack of intelligence, and partly because their earning ability is so low that they are willing to serve for the paltry wage of a juror, whatever it may be.

So far as the presentation of the case went, the county attorney had it all his own way. Certain of the bank's moneys were missing, and they had been replaced by worthless mining stock. Specifically, the charge was that I had been borrowing the bank's money and investing it in the mining stock—all without authority from anybody higher up—and that at the last I had grown panic-stricken, or something, and had turned the stock in as part of the bank's assets.

Chandler, the prosecuting attorney, called only two witnesses, Withers and Fitch. They both testified that they had heard me admit that I was guilty. There were no details given which could involve Agatha Geddis. It was merely stated that my admission of guilt was made at Abel Geddis's house, and both witnesses asserted that Geddis himself was not present.