There were many of my friends present, which included my Boston business partners, Charles Meriam, a broker who had done no little business for me, and my friends and my employees from Stoneham. Besides these, I saw, what was dearer than all, my relatives, sitting there to say by their acts that they believed me innocent, though the whole world should be against me.
Disregarding the district attorney’s anxiety to get a jury together, we registered a plea of not guilty to the crime of burglary, and Judge Cushion, addressing Judge Doe, the ruler of the court, asked for a separate trial of the indictment against me.
“We do not, your honor, dispute the law,” said he, “but we wish to plead for a deep consideration of the merits of the case. It has been set forth that the prisoner Shinburn and my client, Mr. White, must, under the construction of the statutes of this state, be tried together, because the acts alleged to have been committed by one are linked with the acts committed by the other, as charged, and that this is the best procedure, in order to best serve the interests of the state, to the end that the law shall be vindicated and those punished who committed the Walpole bank burglary.
“Now, your honor, there is no man who stands firmer than I for the elevation of the moral and legal standards. I would see men walk in the best paths of citizenship, and I would have the people look upon the law as something too pure and unsullied to be lightly held, instead of being obeyed for fear of the consequences. I would have the law respected because it is right, and not because there is a penalty if it is violated. But in the case of the prisoners before the court to-day, there is a distinct difference. In Shinburn we have a man about whom there is nothing known in this community. He may be guilty of the charge of burglary or he may not. So far as I know, he is falsely accused. But, as to George White, my client, many of you here know, and I know, that until this damnable accusation was brought against him he was untouched by the shadow of suspicion.
“There are, no doubt, many in this court-room to-day who have known him as child and man, and who know him to be all that a well-bred youth and man should be. Born almost on this very soil, he has been educated, instructed in business affairs, and by his diligence and unusual energy has won the respect of all who have personally known him, and such as have not been fortunate enough to have an intimate acquaintance with him have respected him for the fine business reputation that his efforts have won. From one pursuit to another he went on, only to become more and more successful, and until the day that this awful charge was laid at his door, no man had dared to breathe a vile word against his splendid character. I doubt if he had an enemy in the world the day of his arrest, and, as far as I know, he has none to-day.
“But a robbery was committed in Walpole; a bank was unlocked with the cashier’s keys, and several thousands of dollars were appropriated. Presently we find that two men, accused of that crime, have been apprehended. In the course of an investigation by the authorities, it was developed that these men, one alleging himself to be a United States deputy marshal, had hired, at various times, horses and carriages from the livery stable owned by my client, Mr. White, and that on an occasion he drove them to the points they desired, as he had been engaged to do. Having acted as their servant, and having been well paid for it, Mr. White returned to the pursuit of his business, and was in entire ignorance of the fact that the two men he had thus served were, at the very time, plotting to rob the Walpole Savings-bank, as is charged in the indictment.
“Now I claim, your honor, that in Mr. White, an innocent citizen, a reputable business man, whose character is above the awful imputation against him, we have an unusual case; and that this court of justice, in view of the fact that all men are entitled to every privilege whereby they may establish their innocence, is bound to respect those rights.
“In Mr. White we have a man known to the community in which he is to be tried. In the moral court he has been on trial before his fellow-men all his life, and the verdict has been handed down, that he has done well. We find that the magistrate who held him for the grand jury declared that he must stand trial, side by side, with a man who is an entire stranger in the community; and why? Because, your honor, this man saw fit to hire horses and vehicles from him! One of the men who went to Mr. White’s stable and engaged a carriage, and who was apprehended and charged with the Walpole bank burglary, has been set free. Why is it that the man Cummings, about whom we know nothing, is given a clean bill of health, while my client here, Mr. White, whose life has been an open book, is held to prove his innocence? If the prisoner Shinburn, who, with Cummings, hired vehicles from Mr. White, is guilty, why is not the man Cummings brought before the bar to answer? Instead of that, your honor, the district attorney has arraigned one of the accused and permitted the other to go, and my client, Mr. White, seems to have been brought in to fill up the vacancy.
“But of the man Shinburn I know nothing. It is alleged, however, that bonds were found in his possession, the same the property of the Walpole Bank, and it is also charged that he was seen in Keene shortly before the burglary. As I have stated, I know nothing of this, but I do know that the evidence, such as it is, is entirely different from that alleged against my client. I do know that he had nothing to do with stolen bonds, that none were found in his possession, that he had no guilty knowledge that he had been driving criminals about the country, and that, in view of these facts, he is entitled to a separate trial from that given the other prisoner at the bar.
“And now, your honor, in the name of common justice, in the name of humanity, I ask, ay, demand, that Mr. George White, the honorable business man of Stoneham, be given a fair opportunity to prove his innocence of this infamous allegation the district attorney has made against him. And, your honor, the way to accord him that right which the constitution bestows on him, in my opinion, is to give him a separate trial. In the name of justice I demand that right.”