Mr. Lynde made a good representation for me, and so did Woodward for Shinburn. In taking up my case, Mr. Lynde asked for a separate hearing on my behalf, on the ground that the facts in the charge were vastly different from those Shinburn must meet. This, District Attorney Lane opposed with all his legal power and personal influence. All the pleading that my attorney or I could do fell on unsympathetic ears, apparently. My plea, as an innocent man, for the administration of common, humane justice, was as futile as was Mr. Lynde’s. It was ruled that Shinburn, the guilty, and White, the innocent, must be examined together. And we were. The facts were against him, and I, with him for a millstone about my neck, as it were, was held to await the action of the grand jury. Shinburn, being guilty of the crime charged, had hoped to escape, and it seemed to me that I had a right to.
Thus was I doomed to stand in the same prisoners’ dock with him, my case tightly fastened to his with legal thongs,—the innocent and the guilty to stand or fall together! What an unequal fight, what an injustice, was dealt me!
In my declining years I often wonder, if there be a Supreme Ruler,—and I believe there is,—whether, on the Judgment Day, there’ll not be an awful reckoning for those who were so unjustly against me in my vain battle to establish my innocence.
Realizing how matters were going, I asked Mr. Lynde to retain the services of Mr. Woodward, and as I bade him good-night at the jail, we’d decided to call to our aid also, ex-Judge Cushion and John M. Way, both of whom I knew very well. The bail in my case was fixed at fifteen thousand dollars, and in Shinburn’s, five thousand more. I hoped to be out into the world again, before many hours, no matter what the future held for me beyond the grand jury. As I meditated over the release of Cummings and the action of the magistrate, I actually would not have been surprised if Shinburn had been discharged, while I, alone, was held to an accounting.
While I had lain in jail, Herbert Bellows began a suit in tort in Middlesex County, Massachusetts, and, attaching my property, sacrificed it at a forced sale. Though the trial of the suit was never had, I was stripped of my property and left financially helpless, save for the loyalty of my friends. Notwithstanding this lack of means, these friends, not a few of them my creditors, came to my assistance, and I was admitted to bail. In the meantime the grand jury handed down a joint indictment against Shinburn and myself, and the case was placed on the calendar of the October term of the Cheshire County Court.
CHAPTER V
HANGING OF THE MILLSTONE
It was toward the middle of October that Shinburn and I were brought to trial, in the meantime the grand jury having presented indictments against us, but that didn’t seem to affect me greatly, for the reason that I was becoming more hopeful every day. Having been admitted to bail and afforded an opportunity to be among my friends once more, the despondency which attacked me in jail had given way to a feeling of almost certainty that I would be declared not guilty. My attorneys, the day before the trial, having examined all of our witnesses, from Stoneham and Boston, were even more sanguine than I. John M. Way told me that the prosecution could no more convict me than it could walk on air. In fact, he said there wasn’t “a peg to hang a hat on.” And as to Shinburn, though he had not been able to get bail, his counsel said there would be no trouble in proving an alibi for him. If Shinburn, who, I had no doubt, was guilty, could hope to escape, how much more reason was there for me to expect a verdict of acquittal.
The trial day came, but our case was not called until long after noon. A big crowd was in the court-room, as widespread interest had been caused by the predicament which I was in. There were hundreds of people present from several counties, a great many of whom could not obtain admittance, owing to the lack of room.
I sat with my counsel, while Shinburn was seated twenty feet away, with his. My attorneys had planned to make a great fight for a separate trial, and had come to court primed with material to wage the battle. While District Attorney Lane, who I knew was as persistent as ever to convict me, was trying to get a jury, I had an opportunity to look about me. Herbert T. Bellows was there to press the charge against us, and as I looked in his face, I could see that he had no sympathy for me. Two women and a man, sitting not far from Shinburn, were pointed out to me as Mrs. and Miss Kimball and Frank Shinburn. The former, mother and daughter, and the latter, Shinburn’s brother from Saratoga, had come to testify to an alibi for him. The women, I was told, had dined in a Boston hotel with him, at the time of the burglary. Another friend, whose name was said to be William Matthews, of New York City, sat near Shinburn and was present to testify that the latter was in Boston at the time of the burglary; and again, in testimony as to character, would swear that he knew the prisoner in New York, as a respectable Wall Street broker.