Part 38 (2/2)

CHAPTER XLV.

SOME THINGS PUT AT REST.

At the January term of the Court, the case of Ohio _vs._ Myers, came up; and the defendant failing on his motion to continue, the case was brought on for trial, and a jury was sworn. His princ.i.p.al counsel was Bissell, of Painesville, a man of great native force and talent, and who in a desperate stand-up fight, had no superior at that time in Northern Ohio. He expected to exclude the confession, on the ground that Myers had been induced to make it upon representations that it would be for his advantage to do so; and if this could be got out of the way, he was not without the hope of finding the other evidence of the State too weak to work a conviction.

The interest in the case had not abated, and a great throng of people were in attendance.

Hitchc.o.c.k, with whom Henry Ridgeley was in company at the time of his death, then an able lawyer, was the prosecuting officer, aided by the younger Wilder, who had succeeded Henry as his partner.

Wilder was a young lawyer of great promise, and was the active man in the criminal cases.

He stated the case to the court and jury, saying among other things, that he would not only prove the larceny by ordinary evidence, but by the confession of the prisoner himself. Bissell dropped his heavy brows, and remarked in his seat, ”that he would have a good time doing that.”

Wilder called one of the officers who made the arrest, proved that fact, and then asked him the plump question, in a way to avoid a leading form, whether the prisoner made a confession? Bissell objected, on the ground that before he could answer, the defendant had a right to know whether he was induced to make it, by any representations from the witness or others.

Wilder answered, that it did not yet appear that a confession had been made. If it should be shown that one had, it would be then time to discuss its admissibility; and so the court ruled; and the witness answered that Myers did make a full confession. Wilder directed him to state it, Bissell again objected, and although Wilder urged that he had a right to go through with his witness, and leave the other side to call out the inducement, if any, on cross-examination, the court ruled that the circ.u.mstances under which the confession was made was a preliminary matter that the defendant had a right to show. When the witness answered to Bissell, that he told Myers after his arrest that they knew all about the larceny, but did not know who his accomplices were, and that if he would tell all about them he would undoubtedly be favored; and that then the defendant told his story. Upon this statement, Wilder cross-examined the witness, and managed to extract several items of the confession, when the court held that the confession was inadmissible.

Myers drew a breath of relief, but Bissell's brow did not clear. He knew that the State had gained all it expected to; it had proved that a confession was made, which was about as bad as the confession itself. Under this cloud, Wilder called his other evidence, which of itself, was very inconclusive, and which, with the added weight that a confession had been made, left much uncertainty as to the result, and Bissell was girding himself for the final struggle. Wilder then called the name of John T. Greer--when the head of Myers dropped, and midnight fell upon the brow of Bissell.

Placidly and serenely, that gentleman answered the call, and took the stand--seemingly the only unconcerned gentleman present. He said that he knew Myers well--had known him for years; that on the morning after the larceny, he saw him and another man, at McMillan's, near Youngstown; that they brought with them a pair of horses, which he described exactly as the stolen horses, and that Myers told him they got them the night before, at Conant's barn in Troy; that he denounced Myers to his face as a horse thief, and threatened to expose him.

This evidence produced a prodigious sensation. Bissell put the witness through a savage cross-examination. In answer to the questions, he said that Myers and himself, and others, belonged to an a.s.sociation, of which Jim Brown was the head, for manufacturing paper currency and coin, and supplying it at various points; had never pa.s.sed a dollar himself; that he broke with Myers because he was a thief, and no gentleman; that the a.s.sociation had never had any connection with running off horses, &c.

”To whom did you first disclose this act of Myers?”

”To a young lawyer at Jefferson, in his private room.”

”Who was he?”

”Barton Ridgeley.” Great sensation, and men looked at one another.

”Did he belong to your financial a.s.sociation?”

”Never!” Sensation.

”Why did you go to him?”

”I had a little acquaintance with him, and had great confidence in him. I wanted to consult somebody, and I went to him.” He went on to say that he consulted him as a lawyer and not as a friend; that when he told Ridgeley of the a.s.sociation, which was drawn out of him by a cross-examination, Ridgeley told him at once, that while he would not use this against the witness, he certainly would against his a.s.sociates. That soon after Mr. Wade came in, and he found out that Ridgeley had managed to send for him. That Ridgeley then insisted that he should tell the whole story to Mr. Wade, and he did. That Wade called in a United States Deputy Marshal, and induced the witness to make an affidavit, when the Marshal went to Columbus, got warrants, and arrested Brown and others.

He was asked what fee he paid young Ridgeley, and he answered, nothing. He offered him a liberal fee, and he refused it. He understood Ridgeley had gone East, but did not know; nor who furnished him with money.

The prosecution rested.

Wade was present, and Bissell called him; and in answer to Wilder, said he proposed to contradict Greer. Wilder replied, that although he was not ent.i.tled to such a privilege, yet he had no objection; and Wade, in the most emphatic way, corroborated Greer throughout. He said that Ridgeley was at that time at the Albany law-school, and would soon be back to answer for himself; and when asked if he was not poor, answered, that friends always came to such young men, with a glance at the bench, where Markham sat with Humphrey. The perfect desperation of his case alone warranted Bissell in calling Wade, with whose testimony the trial closed; and on the verdict of guilty, Myers was sentenced to the Penitentiary for ten years. And for the third or fourth time Barton's acquaintances were disposed to regard him as a hero.

<script>