THE YOUTH'S PAGE

New Zealand Graphic, Volume XII, Issue XI, 10 March 1894, Page 239

THE YOUTH'S PAGE

off. Then for hours he would quietly sleep in one of their little hands, while they played that be was their baby. At night he was put in a small box with air-holes cut in it, and carefully stored in the rack at the foot of the berth. After we were settled in our winter home, the children, having less to divert them, began to take more care of him, and among other things oiled and rubbed his shell until it became as clear and polished as a piece of tortoise shell jewellery. The negro children belonging on the place considered it a most wonderful thing to see * De cooler come when de white chillun call ’im,’ as they expressed it. The little fellow, with sober, knowing look, who came so readily in answer to our call, had found a place in our hearts, and as time wore on Glaucus became almost as one of the family. It was the habit of the children when going for a walk to take him with them in one of their pockets. One day after they had hurried to the post-office with some letters which I wished to have go in a certain mail, it was discovered that Glaucus was missing. In some way he had managed to climb out of the pocket, and had been lost on the way. Search for him proved fruitless. We advertised for him, to the great amusement of some of our friends. All was in vain. So at last, after many tears from the children, we gave up all idea of ever finding him. A week after this 1 stepped into the office of a friend who was a lawyer. After 1 had conversed with him a few moments he said : ‘ Come with me to court to day. lam to defend a boy who has no evidence in his favour except his own statement. There is no direct evidence against him, yet I am afraid he will be convicted, although I feel sure that he is innocent. As you are a strong opponent of conviction on circumstantial evidence, I think the case will interest you.’ I went with him. On the way to court he told me that one James Butt, who lived six miles from town on the Carnesville road, had in his employ a negro man and his wife, who occupied one of the cabins on Butt’s place. They had one son called ‘ Doctor,’ who lived with them. Like most small negroes on plantations, he had no work to do, but played with Butt’s two sons most of the time. The three had always been good friends. A short time before, however, they bad got into a dispute, which ended in Doctor striking one of the Butt boys. This so enraged Mr Butt that he caught Doctor that night and gave him a pretty severe whipping, instead of asking the boy’s parents to punish him. Doctor was very angry, and when Butt let him go, moved off to a safe distance, and muttered something about Butt * being sorry for touching him.' After that he disappeared. Next afternoon, while Butt and the negroes were in the field, and Mrs Butt had gone with the boys to a neighbour’s about half a mile away, the cook, who was busy in the kitchen, discovered that the house was in flames. Before assistance arrived it was destroyed. After the fire one of the negroes found Doctor’s old hat in a hedge near the house, and tracks which matched his feet were discovered in the soft earth under the hedge, and again, farther on, in a thicket bordering the road to town. These tracks indicated that the person who made them >vas running with considerable speed away from the house. The next day Doctor was arrested in town on a charge of arson.

My friend had been appointed by the court to defend the prisoner, as his parents were too poor to employ counsel. At court I was given a seat next to my friend, and quite near the prisoner. When Doctor was brought in, I saw that he was not at all different from the ordinary country negro of his age. He bad been crying, from fear perhaps, and the tears had left two black streaks down his cheeks where they had washed off the dirt, which was whiter than his skin. His clothes seemed composed almost entirely of patches and holes. He had neither shoes, hat, nor coat, and bis trousers were held up by one cotton * gallus,’ which was fastened back and front by long thorns used after the fashion of pins. The evidence was about the same as my friend had outlined to me, but in addition two or three negroes testified that they had seen a boy who they thought was Doctor running through the thicket just before the fire, although it appeared on cross-examination that they were at a considerable distance in a field at the time.

The only testimony in the boy’s favour was his parents’ statement that he had not been at home since Butt whipped him. His own story was that he had returned to the house after dark on the day of the whipping to say good bye to Butt’s boys, but hearing Mr Butt’s voice, he became frightened, ran off through the edge and thicket, and lost his hat in doing so. When the testimony was ended and the evidence summed up, and the judge was preparing his charge to the jury, there was a period of silence. I sat watching the boy through the railing of the dock, pitying him with all my heart, for I felt that, without leaving their seats, the jury would declare him guilty. Then something occurred which nearly caused me to start from my seat with surprise. By the side of the boy, on the bench on which he sat, was a little datk object. I had scarcely time to see it when the boy accidentally touched it, and looked down to see what it was. A faint smile lit bis face as he carefully raised the object, and put it in the pocket of his ragged pantaloons. An impulse made me turn hastily to my friend, and tell him what I had seen and what I thought about it. After a few words to me he arose and said :

• Your Honor, the course I am about to pursue I am aware is an unusual one, but it is not without precedent, and I beg that Your Honor will hear me.’

• What have you to say !’ asked the judge. ‘That new and important testimony in the prisoner’s

favour has just been discovered, and we desire to be allowed to introduce it.* After some consultation my friend was told that he might proceed, ‘ “ Doctor” Warren,’ he said to the prisoner, ‘ stand up.’ The boy arose. • What have you in your pocket ?’ ‘ Cbick’n bone.’ ‘What else’ Show me. Take out everything.’ The chicken bone was produced. ‘ Anything else?’ No answer. ‘ Take out the other thing, 1 say I’ Slowly the black hand was thrust into the ragged pocket opening, and as slowly withdrawn, closed around some small object. ’ What is that ?’ asked my friend. • Cooter,’ answered the boy, as his hand opened, and exposed to view a little turtle. There was a general sound of muffled laughter throughout the room, and even the judge smiled. When all was quiet again, my friend addressed the boy in a more gentle tone : ‘ Now, Doctor, I want you to tell these gentlemen where you got that “cooter,” and why you are Keeping it.’ ‘ I ain’t stole ’im,' said the frightened boy. ‘ We know you did not steal it, but we want to know where you got it. Don’t be afraid to tell us.’ ‘ I fine him.’ ‘ When did you find him ?’ ‘ Tchuseday,’ slowly answered the boy, as though afraid this was some new plot to entrap him further. •You found him Tuesday, did you? Well, where did you find him ?’ ‘ In de street. ’ ‘ Where ?’ ‘ Front o’ de post office. He’s crawlin’ ’long, like he lookin’ fur de worter.’ ‘ Now, Doctor, why did you keep this “ cooter ” when you can get so many in the creek back of the place ?’ ‘ Can’t git ’nudder one like dis. Look how pooty he back is. My friend took the turtle, and showed that its tiny little shell was clear and polished. ‘ Mr Henry,’ he said, ‘please take the stand.’ I stepped up on the witness stand. After going through the usual preliminaries, my friend said : ‘ Have you ever seen this turtle before ?’ • I think I have. ‘ Where and under what circumstances ’’ ‘ I think it is one which belongs to my children, and which we call Glaucus. They carried it out with them last Tuesday, when they went to the post-office and—’ ‘ Let me interrupt you. Can you tell me at what hour they went to the post-office ?’ ‘ I can, it was about three o’clock, for they carried letters to catch the Northern mail, and when they returned it was only fifteen minutes past three.' • You were saying that the children carried their turtle with them to the post-office. Go on.’ • When they returned, it was discovered that the turtle was lost. I went back with them immediately to look for it, but no trace of it could be found.’

‘ Why do you think this is the turtle that your children lost ?’

‘ Because the shell appears to be oiled and polished, just as they kept theirs.’ ‘ That is sufficient,’ said my friend. Then turning to the judge he continued : * Your Honor, I would like to call especial attention to two or three points. The prisoner has testified that he found the turtle before the post-office on the afternoon of Tuesday, the day of the fire. Mr Henry testifies that this turtle was lost by his children somewhere near the postoffice at about three o’clock on the afternoon of Tuesday, the day of the fire. Half-past three was the hour that the fire was discovered. I believe it is scarcely necessary to say that it would be impossible for anyone who was in the neighbourhood of Mr Butt’s house any time from three o’clock to the time the fire was first seen, to pick up that turtle in front of the post-office, six miles away, at a quarter past three. lam done.’ ‘Mr Henry,’ said the State’s attorney, ‘ I would like to ask you a few questions. You say that this turtle is the same one that your children lost, because the shell happens to be polished. It is not impossible for other children to polish the shell of a pet turtle in just the same way. You should have stronger proof than that, before you assert on oath that this turtle and yours are one and the same. Can you offer any other proof ?’ ‘ I will try,’ 1 said. ‘ Will you please put the turtle on the table ?’

Poor Doctor’s liberty depended upon the test I was to make. Would Glaucus, like small children, fail to do what was wanted of him ‘ before folks’’ Nearly every man in the room rose and craned his neck to see the little yellow and black object, as it began to crawl along the table in front of the lawyers. I could almost hear my own heart beat, as I stepped down from the stand, and went to the end of the table neaiest to me. Nearly at the other end the little turtle was slowly crawling toward the edge. I had become almost as deeply interested in the case as if my own fate hunt? on it. The whole court-room was hushed in curious expectancy. ‘ Glaucus I’ I called, ‘ Glaucus 1’ The little fellow stopped. •Glaucus, come here ! Come, Glaucus.’ Slowly the turtle turned around, and appeared to hesitate. ‘ Come, little Glaucus,’ I said again.

Then, satisfied that he had heard aright, the turtle came down the length of the table, crawled upon my upturned hand, and rested in the palm, with his head stretched out to be stroked.

There was a murmur of pleased wonder throughout the room. I glanced up at Doctor. He had grasped the dock rail with both hands. His mouth hung wide open, and his eyes, which were riveted on Glaucus, seemed about to come out of his bead, so wide were they opened. The judge made a short charge, and the jury, without leaving their seats, returned a verdict of • not guilty.’ As I took our tiny pet home after the trial. I could not help wondering if there were not a special Providence in the curious dispensation which had made so insignificant a creature the salvation of one poor life.—Harry Platt.