<h2><SPAN name="CHAPTER_IV" id="CHAPTER_IV">CHAPTER IV.</SPAN><br/> <small>THE TRIAL.</small></h2>
<p>Tom turned his head away, and covered
his face with his hands. This was cruel.
For the first time in his life, he was glad
Bennie could not see him. But he felt
that it was necessary for him to say something,
so he stammered out,—</p>
<p>“Well, I was only just s’posin’, you
know. Course, no honest fellow’d do that;
but if they’ll only get to work again, we
won’t ask anybody for any hunderd dollars.
We’ll earn it.”</p>
<p>The beauty of the autumn day died
slowly out, and the narrow crescent of the
new moon, hanging over the tops of the far
western hills, shone dimly through the
purple haze. Sadly and with few words
the two boys went their homeward way.
A great burden of regret and remorse<span class="pagenum"><SPAN name="Page_70" id="Page_70">[70]</SPAN></span>
rested upon Tom’s heart, and the shadow
of it fell upon the heart of his blind
brother.</p>
<p>Poor, poor Tom! He knew not what to
do. He could never use the money now for
Bennie, and he would not use it for himself.
It had occurred to him once to take
the money back to Pleadwell, and seek to
be released from his agreement. But a
little thought had convinced him that this
would be useless; that the money would
not be received; that, having accepted a
bribe, he had placed himself in the power
of those who had given it to him, and that
any wavering on his part, much more any
violation of his agreement, would bring
down vengeance and punishment on himself,
and trouble and disgrace on those who
were dear to him.</p>
<p>“Oh, why,” he asked himself, in bitter
thought, “why did I ever take the money?”</p>
<p>Tom’s mother attributed his melancholy
to lack of work and loss of earnings. She
knew how his heart was set on laying up
money to send Bennie away, and how impatient
he became at any delay in the progress<span class="pagenum"><SPAN name="Page_71" id="Page_71">[71]</SPAN></span>
of his scheme. So she talked to him
very cheerfully, and made delicate little
dishes to tempt his appetite, and when the
morning for the trial came, and Tom started
for the train to go to Wilkesbarre, dressed
in his best clothes, and with the hated
hundred dollars burning in his pocket, she
kissed him good-by with a smile on her
face. She bade him many times to be very
careful about the cars, and said to him, at
parting, “Whatever tha says to thee, lad,
tell the truth; whatever tha does to thee,
tell the truth; fear to look no man i’ the
eye; be good an’ honest wi’ yoursel’, an’
coom back to Mommie an’ Bennie, when
it’s ower, hearty an’ weel.”</p>
<p>Sandy McCulloch went down with Tom
on the train, and together they walked from
the station to the Court House. There
were many people standing about in the
Court-House Square, and in the corridors
of the building, and the court-room itself
was nearly full when Tom and Sandy entered
it. They found vacant places on
one of the rear benches, but, as the seats
were all graded down on a sloping floor to<span class="pagenum"><SPAN name="Page_72" id="Page_72">[72]</SPAN></span>
the bar, they could see without difficulty all
that was being done.</p>
<p>Tom had never been in a court-room
before, and he looked with much interest
at the judges on the bench, at the lawyers
chatting pleasantly in the bar, at the entry
and departure of the grand jury, and at
the officious constables, each with his staff
of office, who kept order in the court-room.</p>
<p>There were some motions and arguments
which Tom could not understand,
being made by the attorneys; the clerk
read some lists in a weak voice, and the
time of the court was thus occupied until
toward noon.</p>
<p>By and by there was a slight bustle at
the side door, to the right of the judges’
bench, and the sheriff and his deputy entered
with Jack Rennie.</p>
<p>Head and shoulders above those who
accompanied him, his heavily bearded face
somewhat pale from confinement, and
stooping rather more than usual, he moved
slowly across the crowded bar, in full view
of all the people in the room, to a seat by
the side of his counsel.</p>
<p><span class="pagenum"><SPAN name="Page_73" id="Page_73">[73]</SPAN></span></p>
<p>The instant Tom’s eyes rested on him
he recognized him as the man who had
threatened him at the breaker on the night
of the fire. The buzz of excitement, occasioned
by the entrance of the prisoner,
subsided, and the voice of the presiding
judge sounded distinctly through the
room:</p>
<p>“Commonwealth against Jack Rennie.
Arson. Are you ready for trial?”</p>
<p>“We are, your Honor,” replied the
district attorney, rising to his feet and
advancing to the clerk’s desk.</p>
<p>“Very well,” said the judge. “Arraign
the prisoner.”</p>
<p>Rennie was directed to stand up, and
the district attorney read, in a clear voice,
the indictment, which charged that the
defendant “did, on the eighteenth day of
November last passed, feloniously, wilfully
and maliciously set fire to, burn and
consume, a certain building, to wit: a coal-breaker,
the same being the property of a
certain body corporate known by the style
and title of ‘The Valley Coal Company;’
by reason of which setting fire to, burning<span class="pagenum"><SPAN name="Page_74" id="Page_74">[74]</SPAN></span>
and consuming, a certain dwelling-house,
also the property of the said Valley Coal
Company, and being within the curtilage
of said coal-breaker, was also burned and
consumed; contrary to the form of the
act of the General Assembly, in such case
made and provided, and against the peace
and dignity of the Commonwealth of
Pennsylvania.”</p>
<p>Rennie stood, listening intently to the
reading of the indictment. When the
question was put:</p>
<p>“What say you,—guilty, or not guilty?”
he replied, in a deep, chest voice,—</p>
<p>“If I be guilty, ye ha’ but to prove it.”</p>
<p>“Make your plea, sir!” said the judge
severely. “Guilty, or not guilty?”</p>
<p>“Then I’ll plead no’ guilty. No mon’s
guilty till he’s proved guilty.”</p>
<p>Rennie resumed his seat, and the court
was soon afterward adjourned for the noon
recess.</p>
<p>In the afternoon the selecting of jurors
in the case against Rennie began.</p>
<p>The first one called was a miner. One
could tell that by the blue powder-marks<span class="pagenum"><SPAN name="Page_75" id="Page_75">[75]</SPAN></span>
on his face, and that he was of Irish nativity
could be detected by the rich brogue
that escaped his lips. He was “passed”
by the Commonwealth, and the clerk of the
court recited the formula:</p>
<p>“Juror, look upon the prisoner. Prisoner,
look upon the juror. What say
you,—challenge, or no challenge?”</p>
<p>“Swear the juror to ‘true answers
make,’” said Attorney Pleadwell.</p>
<p>The man was sworn.</p>
<p>“Where do you live?” inquired the
lawyer.</p>
<p>“Up on Shanty Hill, sorr.”</p>
<p>“That’s definite. Anywhere near this
breaker that was burned?”</p>
<p>“Oh, the matther of a mile belike, barrin’
the time it’d take ye to walk to the
track beyant.”</p>
<p>“What’s your occupation?”</p>
<p>“Occupation, is it? Yis, sorr; as good
a char<em>rac</em>ter as anny”—</p>
<p>“Oh, I mean what do you work at?”</p>
<p>“I’m a miner, sorr.”</p>
<p>“Where do you work?”</p>
<p>“Faith, I worked for the Valley Breaker<span class="pagenum"><SPAN name="Page_76" id="Page_76">[76]</SPAN></span>
Coal Company this tin years come next
St. Patrick’s day, may it plase the coort,
an’ bad ’cess to the man that burnt it,
I say, an’”—</p>
<p>“Challenge!” interrupted Attorney
Pleadwell, sharply.</p>
<p>A tipstaff hurried the challenged man
from the witness-box, in a state of helpless
bewilderment as to what it all meant, and
another juror was called, a small, wiry man,
chewing on a mouthful of tobacco. He
was sworn on his <i lang="fr" xml:lang="fr">voir dire</i>, and the district
attorney asked him,—</p>
<p>“Do you belong to an organization
known as the Molly Maguires?”</p>
<p>“No, sir!” quickly responded the man,
before Pleadwell could interpose an objection
to the question.</p>
<p>The district attorney looked at the witness
sharply for a moment, then consulted
with Attorney Summons, who sat by his
side as private counsel for the prosecution.
They believed that the man had sworn
falsely, in order to get on the jury in behalf
of the defendant, and he was directed to
stand aside.</p>
<p><span class="pagenum"><SPAN name="Page_77" id="Page_77">[77]</SPAN></span></p>
<p>The next juror called was a farmer from
a remote part of the county, who had heard
nothing about the fire until he arrived in
town, and who displayed no prejudices.
He was accepted by both sides as the first
juror in the case.</p>
<p>So the selection went on, slowly and
tediously, enlivened at times by an amusing
candidate for the jury-box, or a tilt between
counsel; and long before the “twelve good
men and true” had all been selected and
sworn, the early autumn night had fallen,
and the flaring gas-jets lighted up the
space about the bench and bar, leaving
the remote corners of the court-room in
uncertain shadow.</p>
<p>At six o’clock court was adjourned until
the following morning, and Tom went, with
Sandy McCulloch, to a small hotel on the
outskirts of the city, where arrangements
had been made to accommodate witnesses
for the defence. Notwithstanding
his anxiety of mind, Tom was hungry,
and he ate a hearty supper and went
early to bed.</p>
<p>But he could not sleep. The excitement<span class="pagenum"><SPAN name="Page_78" id="Page_78">[78]</SPAN></span>
of the day had left his brain in a whirl, and
he tossed restlessly about, going over in
his mind what had already occurred, and
thinking with grave apprehension of what
to-morrow might bring forth. Through it
all he still repeated one resolve: that whatever
came he would not lie.</p>
<p>With this unsatisfactory compromise with
his conscience on his mind, he fell at last
into a troubled sleep.</p>
<p>When court was opened on the following
morning, the court-room was more
densely crowded with idle men than it had
been on the previous day. The case against
Rennie was taken up without delay. The
district attorney made the opening address
on behalf of the Commonwealth, doing
little more than to outline the evidence to
be presented by the prosecution.</p>
<p>The first witness called was a civil engineer,
who presented a map showing the
plan, location and surroundings of the
burned breaker. Following him came two
witnesses who detailed the progress of the
fire as they had seen it, one of them being
the watchman at the breaker, and the other<span class="pagenum"><SPAN name="Page_79" id="Page_79">[79]</SPAN></span>
the occupant of the dwelling-house which
had been burned.</p>
<p>A third witness testified to having seen
Rennie at the fire shortly after it broke out,
but did not know how long he had been
there, nor where he came from; and still
another swore that he had seen the defendant
in a drinking-saloon in town, about
half an hour before he heard the alarm of
fire, and had noticed that he went away, in
the direction of the breaker, in company
with “Silent Mike.”</p>
<p>Then came a witness who gave his name
as Lewis G. Travers; a slightly built, but
muscular man, of middle age, with sharp
eyes and quiet manner.</p>
<p>“What is your occupation?” inquired
the district attorney, after the man had
been sworn.</p>
<p>“I am a detective.”</p>
<p>“Do you know Jack Rennie, the defendant?”</p>
<p>“I do.”</p>
<p>“Where did you last see him?”</p>
<p>“At a meeting, in Carbondale, of certain
members of the order of Molly Maguires.”</p>
<p><span class="pagenum"><SPAN name="Page_80" id="Page_80">[80]</SPAN></span></p>
<p>“Are you a member of that order?”</p>
<p>“I have been.”</p>
<p>“Will you relate the circumstances attending
your connection with it?”</p>
<p>The stillness in the court-room was marvellous.
On many an expectant face were
mingled expressions of hate and fear, as
the witness, with calm deliberation, related
the thrilling story of how he had worked as
a common laborer in the mines, in order to
gain a standing with the lawless miners,
and of how he had then been admitted to
the order of Molly Maguires, and had
taken part in their deliberations.</p>
<p>As a member of the executive board, he
had been present, he said, at a secret meeting
held in Carbondale, at which, on account
of the outspoken denunciation of the
order, and the prompt dismissal of men belonging
to it, by the owners of the Valley
Breaker, it was resolved to visit them with
vengeance, in the shape of fire; that Jack
Rennie was selected to carry out the resolution,
and that Rennie, being present, had
registered a solemn oath to do the bidding
of the order.</p>
<p><span class="pagenum"><SPAN name="Page_81" id="Page_81">[81]</SPAN></span></p>
<p>This was the substance of his testimony,
and though the cross-examination, by
Pleadwell, was sharp, rigid and severe, the
effect of the evidence could not be broken.</p>
<p>At this point the Commonwealth rested.
The case against Rennie had assumed a
serious phase. Unless he could produce
some strong evidence in his favor, his conviction
was almost assured.</p>
<p>Pleadwell rose to open the case for the
defence. After some general remarks on
the unfairness of the prosecution, and the
weakness of the detective’s story, he declared
that they should prove, in behalf of
the defendant, that he was not at or near
the breaker until after the fire was well
under way, and that the saving of a large
portion of the company’s loose property
from destruction was due to his brave and
energetic efforts.</p>
<p>“Furthermore,” continued Pleadwell,
earnestly, “we shall present to the court
and jury a most irreproachable witness, who
will testify to you that he was present and
saw this fire kindled, and that the man who
kindled it was <em>not</em> Jack Rennie.”</p>
<p><span class="pagenum"><SPAN name="Page_82" id="Page_82">[82]</SPAN></span></p>
<p>There was a buzz of excitement in the
court-room as Pleadwell resumed his seat;
and Tom’s heart beat loudly as he understood
the significance of the lawyer’s last
statement. He felt, more than ever, the
wrong, the disgrace, the self-humiliation
to which he should stoop, by giving his
testimony in support of so monstrous a
lie.</p>
<p>But what could he do? The strain on
his mind was terrible. He felt an almost
irresistible desire to cry out, there, in the
crowded court-room, that he had yielded
to temptation for the sake of blind Bennie;
that he had seen the folly and the wickedness,
and known the awful misery of it
already; that the money that bought him
was like rags in his sight; and that his own
guilt and cowardice should save this criminal
no longer from the punishment which
his crime deserved.</p>
<p>By a strong effort, he repressed his
emotion, and sat, with face flushed and
pallid by turns, waiting for the time when
his wretched bargain should be fulfilled.</p>
<p>The first witness called on the part of<span class="pagenum"><SPAN name="Page_83" id="Page_83">[83]</SPAN></span>
the defence was Michael Carolan, better
known as “Silent Mike.”</p>
<p>He testified that Rennie came down
from Scranton with him and a body of
strikers on the morning of November 18;
that they ate supper with Carolan’s married
sister, who lived in the village, just
beyond the burned breaker; that they
spent the evening at a miners’ mass-meeting
in town, and afterwards called at a
drinking-saloon; and that they were on
the way back to his sister’s house, for the
night, when they heard the cry of “Fire!”</p>
<p>“At this time,” continued Carolan, “Jack
and me were together at the crossin’ on
Railroad Street, maybe a quarter of a mile
away from the breaker, an’ whin we heard
the alarm, we looked up the track an’ saw
the blaze, an’ Jack says, says he, ‘Mike, the
breaker’s a-fire,’ an’ I says, says I, ‘It is,
sure;’ an’ with that we both ran up the
track toward the fire.</p>
<p>“Whin we were most there we met
Sandy McCulloch comin’ from the hill
beyant, an’ me an’ him an’ Jack wint an’
shoved out the cars from the loadin’-place<span class="pagenum"><SPAN name="Page_84" id="Page_84">[84]</SPAN></span>
that we could get at; an’ thin we wint to
help with the furniture at the dwellin’-house,
an’ we saved ivery thing we could.”</p>
<p>Silent Mike had done well. Few people
had ever before heard so many words come
in succession from his lips, and he told his
story with such impressive earnestness
that it was easy to believe that he spoke
the truth. Indeed, there was very little
in his account of the occurrence that was
not strictly in accordance with the facts.
He had simply omitted to state that he
and Rennie had gone, first, up to the
breaker and kindled the blaze, and then
returned, hastily, to the crossing where
they certainly were when the first cry of
“Fire!” was heard.</p>
<p>Rennie’s case was looking up. There
was a recess for dinner, and, when court
was re-opened, Sandy McCulloch was put
on the witness-stand.</p>
<p>He was just getting into bed, he said,
when he heard the cry of “Fire!” He
looked out and saw that the breaker was
burning, and, hurrying on his clothes, he
ran down the hill.</p>
<p><span class="pagenum"><SPAN name="Page_85" id="Page_85">[85]</SPAN></span></p>
<p>“When I cam’ to the fit o’ the hill,” he
continued, in answer to Pleadwell’s question,
“I heard some’at behin’ me, an’ I
lookit aroun’, an’ there I see Jack the
Giant an’ Silent Mike a-speedin’ up the
track toward the breaker.</p>
<p>“The fire was a-burnin’ up brisk by
then, an’ me an’ Jack an’ Mike, we went
an’ pushit some cars out fra the loadin’-place,
down the track; an’ then we savit
a bit fra the dwellin’-house, an’ a bit fra
the engine-room, an’ a bit here an’ there,
as we could; an’ Jack, he workit like a’
possessed, he did, sir; sure he did.”</p>
<p>“What were you doing up so late at
night?” was the first question put to
Sandy on cross-examination.</p>
<p>“Well, you see, sir, a bit o’ a lad that
works i’ the mines wi’ us, he had lost his
brither i’ the slope the day, he had; an’ I
gied him a promise to help seek him oot
gin he cam’ i’ the evenin’ to say as the lad
was no’ foond; an’ I was a-waitin’ up for
him, min’ ye.”</p>
<p>“Well, did the lad come?” inquired
Lawyer Summons, somewhat sarcastically.</p>
<p><span class="pagenum"><SPAN name="Page_86" id="Page_86">[86]</SPAN></span></p>
<p>“He did that, an’ he tellit me as how
he’d foond the brither, an’ leadit him hame,
an’ would na want me; an’ I said ‘good-nicht’
till the lad, an’ started to bed, an’
the clock struckit eleven.”</p>
<p>“Who was the lad that came to your
house?”</p>
<p>“Tom Taylor, sir.”</p>
<p>Rennie started in his seat as the name
was spoken, and the blood mounted into
his pale forehead as he gazed intently at
the witness.</p>
<p>“Did the boy go in the direction of the
breaker from your house?” questioned
Summons.</p>
<p>“He did, sir.”</p>
<p>“How long was it after he left you that
you heard the cry of fire?”</p>
<p>“Well, maybe the time o’ ten minutes.”</p>
<p>“Could the boy have got beyond the
breaker?”</p>
<p>“He must ’a’, sir, he must ’a’; the grass
was na growin’ under his feet goin’ doon
the hill.”</p>
<p>“Do you think Tom Taylor fired that
breaker?”</p>
<p><span class="pagenum"><SPAN name="Page_87" id="Page_87">[87]</SPAN></span></p>
<p>Sandy stared for a moment in blank
amazement.</p>
<p>“Why, the guid Lord bless ye, mon! be
ye daft? There ain’t a better boy i’ the
roun’ warl’n Tom Taylor!” and Sandy
broke into a hearty laugh at the very idea
of Tom doing any thing wrong.</p>
<p>But Tom, who sat back in his seat and
heard it all, was suddenly startled with the
sense of a new danger. Suppose <em>he</em> should
be charged with setting fire to the breaker?
And suppose Rennie and Carolan should
go upon the witness-stand and swear that
they saw him running away from the newly
kindled blaze, as, indeed, they might and
not lie, either,—how could he prove his
innocence? Yet he was about to swear
Jack Rennie into freedom, knowing him to
be guilty of the crime with which he was
charged, and, what was still more despicable,
he was about to do it for money.</p>
<p>Looked upon in this light, the thing that
Tom had promised to do rose very black
and ugly in his sight; and the poor delusion
that he should tell no lie was swept,
like a clinging cobweb, from his mind.</p>
<p><span class="pagenum"><SPAN name="Page_88" id="Page_88">[88]</SPAN></span></p>
<p>It was while his heart was still throbbing
violently under the excitement of this last
thought and fear, that he heard some one
call,—</p>
<p>“Thomas Taylor!”</p>
<p>“Here, sir,” responded Tom.</p>
<p>“Take the witness-stand.”</p>
</div>
<hr class="chap" />
<p><span class="pagenum"><SPAN name="Page_89" id="Page_89">[89]</SPAN></span></p>
<div style="break-after:column;"></div><br />