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New England Chattels; Or, Life In The Northern Poor-house

Creator: Samuel H. Elliot (author)
Date: 1858
Publisher: H. Dayton, New York
Source: Available at selected libraries
Figures From This Artifact: Figure 2  Figure 3  Figure 4  Figure 5  Figure 6  Figure 7

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Page 45:

857  

"Undoubtedly!" said Lawyer Tools.

858  

"You say he did set the barn on fire?" said Lawyer Ketchum.

859  

"Well -- er -- that is -- 'undoubtedly' he did -- yes, sir."

860  

"With that qualification, Ketchum, that's all," said Tools. "Ain't you satisfied?"

861  

"I am not exactly," replied the other.

862  

"You say you didn't see the boy all day till the fire in the evening, yet swear that he undoubtedly burned the barn. Now what proof have you of this? It must be very strong, Captain Bunce."

863  

Here Mr. Tools was highly incensed. He said it was a mere professional dodge and snare. It was going all round Robin Hood's barn to prove that Captain Bunce's barn wasn't burned by a boy that every body knew burned it; and burned it at no connivance of Captain Bunce, but purely and of his own instincts from a desire of revenge. Mr. Tools never saw a question so plain as this made so complete a fog of. For his part, he hoped that the investigation would be kept in due bounds of law and evidence. His time was too precious to throw away, and his ideas of professional practice too sensitive to relish fun and stratagem, where character and property were at stake, as in the instance before them.

864  

The business of the "investigation" then again went on. Mr. Ketchum said he was a straightforward man, and only wanted to get at the truth.

865  

"Proceed, gentlemen," said Justice Stout. "What proof have you, Captain Bunce, that the boy burned the barn, and that he alone burned it?"

866  

"The marks in the snow, the fact of his returning at the time, his ill will towards me, and so forth."

867  

"You saw those foot-prints yourself?"

868  

"I did."

869  

"You knew when he returned?"

870  

"I saw him at the fire."

871  

Captain Bunce was permitted to sit down.

872  

Mr. Smith swore to his encounter with the boy in the morning. Dick Bunce and Elisha and Mrs. Bunce swore to his being flogged, and leaving in a pet. Dick was sure the boy burned the barn -- was ready to swear to it; none too good to do it, nor any thing else. Dick talked loud, and a great deal. He said the boy was gone all day and all the evening.

873  

"Were you at home in the evening?" inquired Lawyer Ketchum.

874  

"I -- yes -- no, I was not all the evening."

875  

"How, then, do you know the boy was absent?"

876  

"By what others tell me -- every body says so."

877  

"Yes, but this is not your own knowledge. Did you return home that evening?"

878  

"Yes, sir, I returned home, of course."

879  

"Before the fire, or at the alarm of fire?"

880  

"Oh, I don't just recollect now -- yes, after the fire."

881  

"You did not return in season to go down to the barn to feed the stock, or any thing of that sort?"

882  

"Oh, no, of course."

883  

"Call in colored Bill," said Lawyer Ketchum.

884  

"Bill, were any of the poor folks gone from home that day of the fire, except Jims?"

885  

"Yes, Dan was gone, Mag was gone, John Tucker and Pol was gone."

886  

"Did they come back that night?"

887  

"Dan come back with Jims, and the rest come back some time, don't know when."

888  

"Did you see Captain Bunce that evening, Bill?"

889  

Mr. Tools objected.

890  

Mr. Ketchum persisted.

891  

Mr. Stout wasn't certain -- finally allowed.

892  

""Wall, I saw him about eight o'clock, I guess."

893  

"You must not guess here," said Mr. Tools.

894  

"Wall, then, I know."

895  

"How so?" inquired Ketchum.

896  

"He come into the poor-house, and asked where all the folks was?"

897  

"What did you tell him?"

898  

"I told him Roxy was gone off with Dick. Ha! ha! ha!" The negro's laugh was communicated to others.

899  

"Ha! ha -- "began the crowd.

900  

"Order!" shouted the justice, "there must he order!"

901  

"What did he say to that?"

902  

"He said Dick was hazeing after that girl too much."

903  

Justice Stout promptly put down all manifestations of excitement in the crowd, and Mr. Ketchum inquired if Captain Bunce appeared anxious to see Dick.

904  

Lawyer Tools objected -- objection sustained.

905  

"Well, Bill, can you tell me whether Dick came home that evening?"

906  

"He did, sir, he came home before the fire."

907  

"You mean at the fire," quickly suggested Lawyer Tools.

908  

"No, sir-ee, I mean half an hour before the fire," said the negro stoutly.

909  

"Why, there must be some error here," said Tools.

910  

"Keep quiet, Mr. Tools," said Ketchum, "we shall get at the thing by degrees: don't fly into a heat now, don't."

911  

Mr. Tools looked flushed, but sat down.

912  

"He came home half an hour before the fire. How do you know?"

913  

"Because he said it was half-past eight, and Jims and Dan and Mag and Pol and Tucker were out, when they'd ought to be home, bed, and sleep -- wondered if any of 'em had gone down to the barn to sleep."

914  

Mr. Tools, with some excitement, requested the justice to observe that this testimony was flatly in contradiction with that of Mr. Richard Bunce, who testified that he did not return till after the fire, etc., etc.

915  

Justice Stout took a note of it.

916  

Mr. Ketchum said it was his liberty to show, by a disinterested witness, wherein the witnesses on the part of Captain Bunce had testified erroneously. Mr. Tools shook his head, Mr. Stout considered the matter by looking first at one party and then at the other over his spectacles.

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