The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1895-11-30
ACQUITTED BY ACCIDENT
BY HENRY FIELDING.

"a capital OueuSe Ut Tue periou ~
which this story relates-and the pris-
oner at the bar was one of the best
known young men of the town in which
he resided, by name Walter Hood. He
had a widowed mother dependent
upon him for support, to whom he was
devoted, and i'll most respects his con-
duct was irreproachable.
The trial commenced and we twelve
men took our seats in the jury box.
Of the eleven men with me there was
only one whom l did not like to sec
there. That was Harry Dudley, dark
faced, sinister looking fellow, and to
me in many ways Objectionable. 1
knew that young Hood had an incipi-
ent failing. He was becoming addicted
to drinking, and had been known, while
so excited, to visit questionable resorts.
1t was for the burning of one of these
houses that he had been apprehended.
knew further that it was this Harry
Dudley who had been his most con-
slant companion; who had done more
than anyone else to lead him astray,
and who had accompanied him to these
undesirable haunts. 1 could only ac-
count for his being on the jury on the
hypothesis that Walter yet regarded
him as his friend, but, nevertheless,
determined to watch him.
The trial commenced and as the evil
dence for the prosecution proceeded I
was fairly startled. One witness after
another gave testimony, some of them
very reluctantly, but all pointing to the
prisoner as the guilty party Some
credible witnesses swore that they had
heard him swear he would burn the
house down; others heard him say re-
peatedly that he wished it were burned
down. Then came others who had seen
him lurking about the premises on the
night of the fire. On the score of mo-
tive it was shown, on his own admis-
sion, that he had been ill-treated in the
house and that he had said he would
have revenge; furthermore, it was
proved that he had been heard to say
that the salvation of his soul depended
upon the destruction of the house.
Next came testimony stronger still.
The fire had originated in a back
basement room, where shavings and
other stuff for kindling were kept. En-
trance had been gained by means of q
back window, which had been partly
pried open with stout knife, and on
the floor had been found the blade of
knife which had been broken off in the
efforts to raise the sash. That blade
was recognized as belonging to knife
the prisoner had owned. A maker of
cutlery had made that knife for him
and positively identified it. And this was
not all. The floor of the basement was
damp, and some of the outer shavings
to which the light had been applied had
not burned, and just at the edge, where
the fire commenced, lay piece Of paper,
rolled up and half burned. From the
position in which it lay and its appear
ance it was evident that this piece of
paper had been ignited by match and
then applied to the shavings. The shaw.
ings had blazed up at once, but the
piece of paper lying on the damp floor
had not wholly burned up. This piece
of paper was found to be part of a let
ter addressed to the prisoner and re-
ceived by him only week before.
The case looked very dark. Many
witnesses were willing to testify to the
prisoners good qualities, but no one
could swear that he was not dissipated
and degraded. That house had been
to him indeed an internal region: Final
~ the prisoner was allowed to speak
for himself. He said that he had
threatened to burn the house down:
that he had said all that he had been
sworn to and that he was around the
house on the night of the fire--indeed he
was not ten rods off when the flames
burst forth and he was one of the first
to give the alarm. He had uttered one
cry of fire when he noticed where the
fire was and the thought came to him
that il he was found he might be sus-
pected of having started it, so he ran
away. He also said that three nights
before the fire he had been in the house
and robbed of everything his pockets
contained, including forty dollars in
money and some valuable papers. He
had gone there on the night of the fire
in the hope of getting something back,
but seeing some one enter whom he did
not wish to encounter he hung about
awaiting that persons departure. That
was an hour before the fire broke out,
but of setting the place on fire he was
Innocent he knew nothing of it, and
clasping his hands, with his fearless
eyes raised to Heaven, he called on God
to witness that he was innocent.
! knew Walter; knew him so well
that from that moment believed him
innocent. j knew his very soul, and
knew there was no falsehood in the
story he told. q
my boy is innocent! My boy is in
nocent!" -
I heard the cry and saw his poor old
mother, almost broken-hearted, sink
back fainting into the arms of her COM
panion. All this, however, had little
effect on the spectators. The prisoners
course of dissipation; his many threats |
against the house, and the very fact that
he had been robbed there were heavy |
against him. The attorneys delivered |
their pleas and the judge gave his
charge. He told us, of course, that il
here was lingering doubt in our minds
we must give the prisoner the benefit
of it; but rcould plainly see that there
was not the least shadow of doubt in
his mind. The jury were conducted to
our room and locked up. A silence of
some minutes occurred, which Harry
was the first to break.
''Well," said he; 81 s'pose there amt
any need of our being here a greatwhile.
Of course, we all know the prisoner
must have set fire to the place."
There was something in his manner
as he said this which excited my curl
osity. / will not say it was suspicion
then, but my curiosity. He spoke with
more looked at him the more became
nervous and uneasy. wondered why
he should be so anxious to get rid Of
he case and have Walter convicted.
knew he had also frequented the house
and that he had also done much towards
Walter into dissipation, and
Knew, from what Walter had told me,
oery had taken place.
Presently the foreman suggested that
We should each take piece of paper
md write down our opinion and then
compare notes. 7 went to my over
,oat, which was hanging on rack with
he rest, and took out q sheet of paper.
had got half way back to the table
when I found that I bad got half q let
er from another mans coat. was
lbout to turn back when the name of
he writer caught my eye. It was