The preliminary hearing was brief. The judge knew Mr. Spaythe and gave him a seat beside his desk. He had heard of Mr. Holbrook, the new Riverdale lawyer, but now met him for the first time.
Lawyer Kellogg, fat and pig-eyed, presented his evidence against the prisoner with an air of triumph that was distinctly aggravating to the defense. The judge listened carefully, noting each point made on his memoranda. Then Mr. Holbrook, speaking for the prisoner, pleaded “not guilty” and asked that a reasonable amount of bail be fixed until the case came to trial. The judge frowned and considered.
“The offense, if proved, is serious,” said he, “and the missing money and bonds alone amount to many thousands of dollars in value. The evidence is so strong and the accused so young and irresponsible, that I hesitate to fix bail in this case and prefer to remand the prisoner to the county jail to await his trial.”
Kellogg grinned and rubbed his hands together gleefully. But Mr. Spaythe, in his quiet way, leaned over the desk and said:
“I hope, Judge, you will reconsider that decision. This boy is very dear to many in Riverdale, where he is thoroughly respected. I myself have a strong personal interest in his welfare and believe that in spite of the evidence just presented to you he will be proved innocent. To allow him to languish in jail for two months or more, only to discover that he has been falsely accused, would be a grave injustice. Therefore I am prepared to furnish his bail in whatever sum you demand.”
“Ah,” said the judge, “that alters the case. Five thousand dollars.”
Mr. Spaythe signed the bond and then turned to Toby.
“You are to ride back with us,” he said, “for I want you to come to my house and make it your home until this cloud has been removed from your good name—as it surely will be, in time.”
Toby’s eyes filled with tears.
“You are very kind, Mr. Spaythe,” he replied brokenly, “but until I can prove my innocence to the world I have no right to go to your house. I’ll go—home—and work this thing out. But I thank you, sir; I thank you with all my heart!”