Harper's New Monthly Magazine, No. XXIV, May 1852, Vol. IV. Various
to appear, varies in different cases, and is fixed by the judge in each particular case. This money is called the bail. If the prisoner has a bad character, and his friends generally believe that he is guilty, he can not get bail, for his friends are afraid that if they give bail for him, and so let him have his liberty, he will run away before the time comes for his trial, and then they will lose the money. When, for this or any other reason, a prisoner can not get bail, he has to go to prison, and stay there till his trial comes on. On the other hand, if the prisoner has a good character, and if his friends have confidence in him, they give bail, and thus he is left at liberty until his trial comes on.
At the examination of a prisoner, which takes place usually very soon after he is first arrested, he is allowed to say any thing that he pleases to say, in explanation of the suspicious circumstances under which he was taken. He is, however, not required to say any thing unless he chooses. The reason of this is, that no one is required to furnish any proof against himself, when he is charged with crime. If he can say any thing which will operate in his favor, he is allowed to do it, and what he says is written down, and is produced on his trial, to be used for or against him according to the circumstances of the case.
When the officer came in, in the morning, to arrest Antonio, he told him he was to go at eleven o'clock the next morning before the magistrate to be examined. Antonio asked the officer whether he could be allowed, in the mean time, to write a letter to his friends in Franconia.
"Yes," said the officer, "only I must see what you write."
So they brought Antonio a sheet of paper, and a pen and ink. He sat down to a table and wrote as follows:
"To Mrs. Henry;
"There was a fire here last night which burnt up an old corn-barn, and I have been taken up for it, by the officers. They think that I set the corn-barn on fire, but I did not do it. I suppose, though, that I shall have to be tried, and I expect that I must go to prison until the trial comes on, unless Mr. Keep could come down here and make some arrangement for me. You may depend that I did not set the corn-barn on fire.
The officer read this letter when it was finished, and then asked Antonio whether it should be put into the post-office. Antonio inquired how much it would cost to send a boy with it on purpose. The officer told him what he thought it would cost, and then Antonio took out the money that he had in his pocket to see if he had enough. He found that he had more than enough, and so the officer sent a special messenger with the letter.
"And now," said the officer, "you must go with me to my house. I am going to keep you there until the examination to-morrow."
So Antonio took his cap and went down stairs with the officer. He found quite a number of men and boys at the door, waiting to see him come. These people followed him along through the street, as he walked toward the officer's house, some running before, to look him in the face, and some running behind, and calling him incendiary and other hard names. Antonio took no notice of them, but walked quietly along, talking with the officer.
When he got opposite to the lane, he looked down toward the place where the corn-barn had stood. He found that it had been burnt to the ground. The ruins were still smoking, and several men and boys were standing around the place – some looking idly on, and some poking up the smouldering fires.
There was something in Antonio's frank and honest air, and in the intelligence and good sense which he manifested in his conversation, which interested the officer in his favor. He told his wife when he got home that Antonio was the most honest looking rogue that he ever had the custody of. It shows, however, he added, how little we can trust to appearances. I once had a man in my keeping, who looked as innocent and simple-minded as Dorinda there, but he turned out to be one of the most cunning counterfeiters in the state.
Dorinda was the officer's little girl.
There was a room in the officer's house, which was made very strong, and used for the temporary keeping of prisoners. They put Antonio into this room and locked him in.
The officer, however, told him when he went away, that he would bring him some breakfast pretty soon; and this he did in about half an hour. Antonio ate his breakfast with an excellent appetite.
After breakfast he moved his chair up to a small window, which had been made in one side of the room. The window had a sash on the inside, and great iron bars without. Antonio opened the sash and looked out through the iron bars. He saw a pleasant green yard, and a little girl playing there upon the grass.
"What is your name?" said Antonio.
The little girl started at hearing this voice, ran back a little way, and then stood looking at Antonio with her hands behind her.
"Bring me that piece of paper," said Antonio, "that lies there on the grass, and I will make you a picture."
The girl stood still a moment as if much astonished, and then advancing timidly, she picked up the paper and brought it to Antonio's window, which was very near the ground, and held it up. Antonio reached his arm out between the bars of the grating and took the paper in.
Although the window was not high, it seemed to be with some difficulty that Antonio could reach the paper as Dorinda held it up. But this was partly because Dorinda was afraid, and did not dare to come too near.
Antonio took a pencil out of his pocket, and putting the paper down upon the window sill, he began to draw. Dorinda stood still upon the ground outside, watching him. Antonio made a picture of a very grave and matronly-looking cat, lying upon a stone step and watching two kittens that were playing upon the grass before her. There was a bare-headed boy near, who seemed to be putting a mitten upon his hand. Underneath Antonio wrote the words —
"This is the picture of a cat,
Looking at some kittens;
Also a boy without a hat,
Putting on his mittens."
When the work was finished, Antonio threw the paper out the window, and Dorinda who had been all the time looking on with a very serious expression of countenance, took it up, and began to look at the drawing. She could not read, so she only looked at the picture. After examining it for some minutes, without, however, at all relaxing the extreme gravity of her countenance, she ran off to show the paper to her mother.
Presently she came back again. By this time Antonio had made another drawing. It was the representation of his own window, as it would appear on the outside, with iron bars forming a grating, and himself looking through between them. Underneath he wrote,
"Pity the poor prisoner, and bring him some books to read."
Dorinda took this picture too, when Antonio threw it out to her, and ran in with it to her mother. Presently she came out with two books in her hand. She came under the window and held them up timidly to Antonio, and Antonio took them in.
By the help of these books and some other indulgences that the officer allowed him, Antonio got through the day very comfortably and well.
The next morning, at eleven o'clock, the officer came to take his prisoner to the justice, for examination. The officer led Antonio along the street till he came to a lawyer's office. There were several men and boys about the door. These persons eyed Antonio very closely when he went in. On entering the office, Antonio was brought up in front of a table which stood in the middle of the room. A young man was sitting at the table with paper, and pen, and ink before him. He was the clerk. The justice himself sat in an arm-chair near the window.
The men and boys from the outside came in immediately after Antonio, and stood in the office, near the door, to hear the examination.
When all was ready, the justice commenced by saying to Antonio,
"What is your name?" young man.
"Antonio Bianchinette," said Antonio.
"Where do you live?" asked the justice.
"In Franconia," said Antonio.
"You are aware, I suppose," said the justice, "that you are charged with having set