the official thought: “i must not let myself be known. i must not.”

to the prisoner he said: “you may be seated, sir. i want to talk to you.”

then to the guard: “i will excuse you, guard. i wish to question the prisoner alone.”

turning to the prisoner: “now, sir, i should like to hear something about yourself. why were you sentenced, and have you registered under your real name?”

“i have, sir. i am not a criminal. i have been sentenced because of strong circumstantial evidence. i am innocent. i did not commit the crime for which i am here.”

“well, my opinion of you is good. i do not believe that you are a murderer—at least, i hope not. what occupation did you follow before you came here?”

“i was a follower of any work i could do—anything that my strength would permit me to do. i was not a disagreeable man. i made many friends.”

[73]

“if you had many, your friends were no help to you in this case. did not they offer any assistance?”

“no, sir; i was judged wrongly from the beginning—that is, as soon as it was discovered that it was my handkerchief which was found by the dead lady’s side. my friends were nowhere to be found. i received cold and hard looks from all.”

“well, sir, i have heard your story. i want to ask you where you were born. what is your native country?”

“my home, sir, is in england. when a very small boy, i ran away from home. i have grieved my dear old mother so much. i understand that she has since died, and after i heard that, i never cared to go home again, but i feel that many times she has spoken to me. often, when i have been attracted to company i did not know well, i could feel that she was near me and i could hear these words: ‘my son, be careful, be careful!’ and i did not and would not go on after getting the warning, as i called it.”

“you talk as if you had tried to live the right kind of a life, and i feel that you have, but in the position which i hold here i must[74] not show any favors; otherwise i would do so in this case. therefore i must give you work to fit the crime of which you have been accused. that will mean hard work.”

“i am willing to work, but do not give me work that my strength will not allow me to do. i am weak. i do not get the substantial food that you do, therefore i am not able to work hard. you do not know what it means to be punished for a crime committed by another. i am being punished for a murder which i never committed, and i ask you to have mercy on me.”

“you are guilty until proved innocent. i will ring for the guard, and he will place you where you belong.”

as the guard approached the prisoner turned and looked in astonishment. the official also looked, and, describing the scene afterward, he said:

“i was raised from my chair. i do not know by what means. then i began to feel dizzy and could not speak. i lost my power to see. i could feel someone near, and then i heard the voice of a woman saying: ‘you would sentence your brother to hard labor, to enable you to hold your own position? you, a child of the same mother and father? have you no mercy on[75] him? my son, take this brother to your arms and let yourself be known to him. look into this affair and see if he is not innocent. i will release you, and you do with your brother as you would have him do to you. these are the commands of the spirit of your mother.’

“i shall never forget the terrible strain i was in, and as i mumbled brokenly i felt a hand trembling, trying to help me to stand up, and i was given strength by the help of this hand.

“the guard asked for instructions as to where he should place this man—my brother, and i ordered him back to his cell.

“i was at a loss to know what to do. must i confess—acknowledge him as my brother? or should i pretend to be ignorant of the fact which was plain to my mind? no one knew that he was my brother—not even the man himself knew it. why should i acknowledge a criminal and a murderer? i could not!

“i thought: ‘i shall place him at once at hard labor. i shall call the guard and have him brought in. i shall try to be brave and not think of boyhood days, when he and i went hand in hand to the dear old school. and dear mother, how she caressed us as she said good-bye![76] i can hear those words ring in my ears yet: “run along, children, and study hard, and some day you will be your mother’s pride.” yes, to-day, if she could be near her criminal son, she would not be so proud of him. she would do as i am going to do, disown him.’

“i had been so deeply engrossed in thought that i had not called for the prisoner, so i called: ‘guard, i want you to bring no. 78 in here.’

“i felt so uneasy that i thought: ‘can it be that i have decided wrong in this matter?’

“‘here he is,’ responded the guard, in a short time.

“‘come in, and i will find the work for you to do which i think you will be able and trustworthy to do. you may take this coat and hat, and you may remove your coat of stripes, and we will exchange places.’

“‘what! you think that i would not do my part if i were given work which i could do? i know that i would do my part if given work i could do. i know i would do my part. oh, please give me a chance! i only want an opportunity to live, if i can, those ten years i must stay in here—or, at least, until i am proved innocent.’

[77]

“‘well, how do you think you can prove that you are innocent?’

“‘the real murderer has written to the superintendent and confessed his guilt—or, at least, a letter has been sent here stating that i am innocent.’

“‘you received such a statement?’

“‘i did not, but the officer did—the one whose place you are filling.’

“‘i will look into this matter, at once.’

“‘you may take him back to his cell, guard, and i will send for him again when i have investigated this thoroughly. take him back, and return at once.’

“i was sure that if he were innocent, he could be proved to be so, and i decided to go about it at once.

“‘a great man, he is,’ said the guard. ‘we have had more trouble with him than with twenty-five of the other prisoners together.’

“‘do you know anything in regard to a letter written here?’

“‘i do not. i think that the superintendent has taken a letter for use while he is working on the case for the poor devil.’

“‘well, i will go to the records and see if there is a record of any such letter.’

[78]

“‘i hope that you will do something in a hurry, for i am getting tired of pacing back and forward with the gentleman,’ said the guard. ‘i feel that i have need of a pair of shoes sot to going some other direction than from 78’s cell to the office and back.’

“‘well, pat, what is your opinion of this case? do you think the man is innocent, or not?’

“‘i’m not here acting as judge, but if he is guilty, the mon should work. setting around eating of the victuals and his toime going on just the same!’

“‘the only way to prove his innocence would be for the poor woman to come back and tell how the murder was done, and i don’t think there would be any of us here to do time or see others did if we would see her here telling us how she was murdered.’

“‘i, for one, would be a dead pat.’

“‘well, pat, we are both in doubt about the prisoner’s guilt. now, as long as he is here and proved guilty, say we find work for him to do. what would there be to do where a man could work and not work?’

“‘leave him have the same job he has had—rest[79] in his cell when he is not on the road here and back.’

“‘if you want a job of that kind, you misunderstand me, pat. as i understand the poor man, he has never done very hard manual labor, and to place him to work of that kind, i fear, would make it necessary to soon change again. i am sorry that it had to fall to me to confine a convict to hard labor and feel that he is innocent [in an undertone] and my brother!’

“‘well, shall i bring the poor devil in? my shoes has pointed that way; every toime i start the shoes on my very feet wants to track to 78’s cell.’

“‘i wish we could arrange everything, pat, so your shoes could get a rest. it matters not about our minds. bring him along.’”