“The warrant is unnecessary,” said Burton, “except as a matter of formality. I am ready to go with you.”
“Hang it, Gardiner, I hate to do this thing,” said Macdonald. “I’ve been hunting criminals for twenty years, and my judgment fails me if we have the right one this time.”
“It is certainly very baffling,” Gardiner replied. “As I have told him different times, I am convinced that Burton is innocent, but, as you say, the evidence just now points rather strongly against him. It is a difficult situation all round.”
“Burton,” said the officer, “there is no use of you and me walking down the street together. People in these little towns are so fond of a scene, and I like to disappoint them. Mr. Sempter, I believe, is a magistrate; you might go down to his office and await me there. I will be responsible for you until after your preliminary trial, and then no doubt you can arrange bail.”
“I will be pleased to go bail for you,” interrupted Gardiner. “Telephone me when you reach that stage and I will fix it up for Mr. Sempter.”
The consideration, and the contrast in treatment, brought the tears to the boy’s eyes. “It is very good of you—both of you,” he stammered. “I only hope that in the end you may know your confidence was not misplaced.”
The preliminary hearing before a magistrate was held the following day, and the little courtroom was crowded to the doors. No new evidence, at first, was adduced. Gardiner told about leaving the package in the safe, and finding it gone on Monday morning. The finding of Burton’s keys in the lock of the cash drawer seemed the most damaging evidence offered by the prosecution. No witnesses were called for the defence, but Burton on his own behalf explained that he had gone to the cash drawer late Sunday night for stamps to mail some letters, and knew nothing more of the matter. The magistrate was about concluding that there was not sufficient evidence to warrant holding the accused, when a new and rather unwilling witness was introduced. It was Billy Haynes, hardware clerk.
“What do you know of this case, Mr. Haynes?” asked the magistrate.
“Nothing,” answered the young man.
“Nothing!” exclaimed the magistrate. “Then why are you here?”