PAGE 7
The Spectre In The Cart
by
“As I worked, I found to my surprise that the guilt of the old man, though based wholly on circumstantial evidence, was established more clearly than that of his son–not indeed, as to the murders, but as to the arson, which served just as well to convict on. The handkerchief, which Joel had not been able to resist the temptation to steal, and the splinter of light-wood in his pocket, which fitted exactly into that found in the house, together with other circumstances, proved his guilt conclusively. But although there was an equal moral certainty of the guilt of the young man, it was not so easy to establish it by law.
“Old Dick Winchester was found dead one morning and the alibi was almost completely proved, and only failed by the incredibility of the witnesses for the defence. Old Joel persistently declared that Absalom was innocent, and but for a confession by Absalom of certain facts intended to shift the suspicion from himself to his father, I do not know how his case might have turned out.
“I believed him to be the instigator as well as the perpetrator of the crime.
“I threw myself into the contest, and prosecuted with all the vigor I was capable of. And I finally secured the conviction of both men. But it was after a hard fight. They were the only instances in which, representing the Commonwealth, I was ever conscious of strong personal feeling, and of a sense of personal triumph. The memory of my last ride with Hal-loway, and of the things he had said to me; the circumstances under which he and his wife were killed; the knowledge that in some sort it was on my account; and the bitter attacks made on me personally;(for in some quarters I was depicted as a bloodthirsty ruffian, and it was charged that I was for political reasons prosecuting men whom I personally knew to be innocent), all combined to spur me to my utmost effort. And when the verdicts were rendered, I was conscious of a sense of personal triumph so fierce as to shock me.
“Not that I did not absolutely believe in the guilt of both prisoners; for I considered that I had demonstrated it, and so did the jurors who tried them.
“The day of execution was set. An appeal was at once taken in both cases and a stay was granted, and I had to sustain the verdicts in the upper court. The fact that the evidence was entirely circumstantial had aroused great interest, and every lawyer in the State had his theory. The upper court affirmed in both cases and appeals were taken to the highest court, and again stay of execution was granted.
“The prisoners’ counsel had moved to have the prisoners transferred to another county, which I opposed. I was sure that the people of my county would observe the law. They had resisted the first fierce impulse, and were now waiting patiently for justice to take its course. Months passed, and the stay of execution had to be renewed. The road to Halloway’s grew up and I understood that the house had fallen in, though I never went that way again. Still the court hung fire as to its conclusion.
“The day set for the execution approached for the third time without the court having rendered its decision.
“On the day before that set for the execution, the court gave its decision. It refused to interfere in the case of old Joel, but reversed and set aside the verdict in that of the younger man. Of a series of over one hundred bills of exception taken by his counsel as a ‘drag-net,’ one held; and owing to the admission of a single question by a juror, the judgment was set aside in Absalom’s case and a new trial was ordered.
“Being anxious lest the excitement might increase, I felt it my duty to stay at the county-seat that night, and as I could not sleep I spent the time going over the records of the two cases; which, like most causes, developed new points every time they were read.