Five Mile Beach weekly journal., 1921-10-21
The Mysterious
Question
BY WILLIAM FALL
lg2l. western Newspaper unInn

following the solemn announceman,
of the foreman OF the jury:
"Not guilty"
Cameras and eyes sought n esna
cial corner Of the place. 1t was yhers
a dignified. fine faced old man had "a,
all through the trial-where be 90,
now. He was the accused, Robert
Dayton. A faint expression Of graft.
fication crossed his face. Then I,
softened down to extreme tenderness
Evelyn, his daughter, his constant
companion during the trying ordeal OF
the past few days, had thrown her
arms about his neck and was sobbinp
out her JOY upon his bosom.
"Not guilty! !" she gasped-"Oh ia.
Their, did you hearT"
"What else could 1t be, my childY'
replied Mr.. Dayton proudly. 81 en-.
pected it."
at was so unjust, so cruel |" muir.
INJURED Evelyn.
Evelyn did not exaggerate In her
filial statement 1t had been a nine
days wonder to the little city when.
one week after the destruction BY FIRE
OF the unused plant of the Dayton
Manufacturing company, two former
partners Of Mr.. Dayton had accused
him of burning down the property.
There had been friction and litiga.
tion between the three partners, 50
severe that MI. Dayton had closed
down the works. He had offered his
partners a fair settlement, which they
had bitterly refused. The fire had set.
tied it all. The only beneficiary
through the insurance was Mr.. Day.
ton.
This point bis enemies had used
against him, and this, together with
the rather vague evidence Of a night
Waterman that he had seen a cloaked
person resembling the manufacturer
in appearance near the factory at
nine o'clock In the evening, one hour
before the fire was discovered, had
formed the basis Of the accusation In
court.
Mr.. Dayton had been able to prove
that he had been confined to the
house all that fatal day with a slight
indisposition.
The base implication Of the prose
cution was that Mr.. Dayton had
slipped out Of the house between the
hours of eight and ten In the evening
They limited that he had fired the
plant and returned to his room before
the flames were discovered.
1t was at the darkest moment In the
trial for the anxious father and daugh.
ter when their lawyer called DR.. Paul
Merwin.
His evidence was plain, simple aM
convincing. The evening OF the fir
he had been resting in the garden Of
the vacant house adjoining the Day.
ton mansion. Doctor Merwin swors
positively that he had sat there, the
Dayton house in clear view, from eight
o'clock In the evening until nearly
eleven p. N. During all that time
he testified, he had been in full sight
of the music room where Miss Dayton
was entertaining some guests, and The
upstairs apartment in a wing Of the
house where her father had been stu
diously engaged in going over some
account books.
The prosecution vas ~confounded
The lawyers asked a few formal Ques
tons. There was no REPUTATION Of the
evidence. Robert Dayton was a FREE
man, honorably acquitted.
The young physician vas close at
the side Of MI. Dayton's attorney %
the latter approached his client.
II must thank you for your great
services, Mr.. Telford," said the man
ufacturer gratefully to the lawyer.
your thanks are rather due to o1
most excellent witness, Doctor Nsf
win," insisted the attorney.
Il must see more Of you. You have
done me the service of my life nD
day." spoke Nj. Dayton, grasping ts
young physicians hand warmly.
In later years Evelyn " forgo'
the third evening he called. Hs
seemed more ~carefree on that occa'
sion than he ever had been before
Then moonlight, q charming garoen
spot, the air like new wine, and In ms
hazy silence Evelyn said:
Doctor Merw1n- / have always
wished to ask you a very particul@
question for some time"
"Yes?" he tntimated gently, wD
his usual rather sad smile.
"You remember that day In us
courtroom when we first metz
II have not forgotten it." he rephs1
mi. Telford said to you: 1t WV
fortunate the prosecution did not aA
you the question"
what did he meanf'
THAT the evening 1 was In the nsI
garden was one Of many evenings
spent there. / had known you ="
long time before that Miss Dayel
"You had-known me-for a "'
timer" she repeated vaguely.
"But you did not know me- ns