The court ordered the basket with the plate to be placed, covered, upon the table, and sent forthwith for the carpenter. He arrived in breathless haste, but seemed prepared for what followed, and without waiting for the interrogatories of the judge, he proceeded with his explanation.
Pressed by his creditor the wood-merchant, the carpenter, in his turn, proceeded to press his own debtors. Among these was the Blue Dragoon, Nicholas D——, who was indebted to him in an account of sixty guldens for work done on his premises. Nicholas entreated for delay but the carpenter being peremptory, he inquired whether he would not take some articles of old silver plate in payment, which, he said, had belonged to his father, and had been left to him as a legacy by an old lady in whose family he had been coachman. It was at last agreed that the carpenter should take the plate at a certain value as a partial payment, and it was accordingly brought to his house the same evening by the dragoon. The latter advised him, in the event of his wishing to dispose of the plate, to take it to Amsterdam, as the silversmiths of the place would not give him half the value for the articles. The carpenter asked him why he had not carried it to Amsterdam himself. "So I would," he answered, "if you had given me time. As it is, give me your promise not to dispose of it here—I have my own reasons for it."
If this statement was correct—and there seemed no reason to doubt the fairness of the carpenter's story—it pressed most heavily against the accused. He was thus found in possession of part of the stolen property, and disposing of it, under the most suspicious circumstances, to a third party.
He was examined anew, and the beginning of his declaration corresponded exactly with the deposition of the carpenter. The latter had worked for him: he was sixty guldens in his debt. He was asked if he had paid the account: he answered he had not been in a condition to do so. He was shown the silver plate, and was told what had been stated by the carpenter. He stammered, became pale, and protested he knew nothing of the plate; and in this statement he persisted in the presence of witnesses. He was then shown the gold which had been found in his house. It belonged, he said, not to himself, but to his father-in-law.
This part of the statement, indeed, was confirmed by the other inmates of his family; but, in other respects, their statements were calculated to increase the suspicions against him. Nicholas, for instance, had stated that no part of his debt to Isaac, had been paid—that in fact he had not been in a condition to do so—while the other three members of the household, on the contrary, maintained that a few months before he had made a payment of twenty guldens to Isaac, expressly to account of this claim. Nicholas became vastly embarrassed when this contradiction between his own statement and the evidence of the witnesses was pointed out to him. For the first time his composure forsook him—he begged pardon for the falsehood he had uttered. It was true, he said, that he had counted out twenty guldens, in presence of the members of his family, and told them it was intended as a payment to account of Isaac's claim; but the money had not been paid to his creditor. He had been obliged to appropriate it to the payment of some old gambling debts, of which he could not venture to inform his wife.
This departure from truth on the part of the accused had apparently but slender bearing on the question of the robbery; but it excited a general doubt as to his statements, which further inquiry tended to confirm. The carpenter, anxious to remove any suspicion as to the truth of his own story, produced a sort of account-book kept by himself, in which, under the sale of 23d June, there was the following entry,—"The innkeeper, Nicholas D——, has this day paid me the value of thirty guldens in old silver." The housekeeper and apprentice of the carpenter also deponed that they had been present on one occasion when the dragoon had proposed that their master should take the silver in payment.
If, on the one hand, the innkeeper had handed over to the carpenter the silver plate, it was plain he was either the thief or the receiver: if he had not done so, the carpenter had not only been guilty of a calumnious accusation, but the suspicion of a guilty connexion with the robbery became turned against himself. All presumptions, however, were against the innkeeper. He had admittedly been guilty of a decided falsehood as to the payment,—he could not or would not give the names of any one of those to whom his gambling debts had been paid, as he alleged,—and the fact that he had brought the plate to the carpenter's was attested by three creditable witnesses.
The general opinion in the town was decidedly against him. The utmost length that any one ventured to go, was, to suggest that his relations, who had been apprehended along with him, might be innocent of any participation in his guilt; though, being naturally anxious to save him, they might somewhat have compromised the truth by their silence, or their statements.
The dragoon was removed from his provisional custody to the prison pf the town; the others were subjected to a close surveillance, that all communication between them might be prevented. As all of them, however, persisted in the story, exactly as it had at first been told, stronger measures were at length resorted to. On the motion of the burgomaster, as public prosecutor, "that the principal party accused, Nicholas D——, should be delivered over to undergo the usual preparatory process for compelling confession," namely the torture, the court, after consideration of the state of the evidence, unanimously issued the usual warrant against him to that effect. Some pitied him, though none doubted his guilt. The general impression in the town was, that the courage of the innkeeper would soon give way, and that, in fact, he would probably confess the whole upon the first application of the torture.
The preparations were complete—the torture was to take place the next day, when the following letter, bearing the post-mark of Rotterdam, was received by the court,—