_ Judge Meyer's court was crowded when the three big policemen, formed like a football team, wedged their way into the building. In the centre of the "A" walked the prisoner, handcuffed and chained like a murderer. When they had arrived in front of the judge and the officers stepped back they left the prisoner exposed to the gaze of the spectators. Standing six feet two, strong and erect, he looked as bold and defiant as a Roman warrior, and at sight of him there ran a murmur through the court room which was promptly silenced by the judge.
In response to the usual questions the prisoner said his name was Dan Moran, that his occupation was that of a locomotive engineer. He had been in the employ of the Burlington for a quarter of a century--ever since he was fifteen years old--but being one of the strikers he was now out of employment.
"You are charged," said the clerk, "with trespassing upon the property of the Chicago, Burlington & Quincy Railroad Company, inciting a riot, attempting to blow up a locomotive and threatening the life of the engineer. How do you plead?"
"Not guilty," said the old engine-driver, and as he said this he seemed to grow an inch and looked grander than ever.
Being asked if he desired counsel the prisoner said he did not, that the whole matter could be explained by a single witness--an employee of the company.
The company detective and the police officers exchanged glances, the judge coughed, the crowd of loafers shifted ballast and rested on the other foot. Only the prisoner stood motionless and erect.
The detective, the first witness for the prosecution, testified that he had followed the prisoner into the yards from among the freight cars, watched him approach the engine Blackwings and talk with the engineer. He could not make out all that passed, but knew that the men had quarrelled. He had seen the prisoner stoop down and fumble about the air-pump on the engineer's side of the engine. He then rose and as he moved off made some threat against the life of the engineer and about "ditching" the train.
Being asked to repeat this important part of his testimony, the witness admitted that he could not repeat the threat exactly, but he was positive that the prisoner had threatened the life of the engineer of the Denver Limited. He was positive that the last words uttered by the prisoner as he left the engine were these: "This train, by this time, ought to be in the ditch." The witness followed the statement with the explanation that the train was then nearly two hours late. "This," said the witness, still addressing the court, "was found in the prisoner's inside coat pocket," and he held up a murderous looking stick of dynamite. After landing the would-be dynamiter safely in jail the detective had hastened back to the locomotive, which was then about to start out on her perilous run, and had found a part of the fuse, which had been broken, attached to the air brake apparatus. This he exhibited, also, and showed that the piece of fuse found on the engine fitted the piece still on the dynamite.
It looked like a clear case of intent to kill somebody, and even the prisoner's friends began to believe him guilty. Three other witnesses were called for the prosecution. The company's most trusted detective, and a Watchem man testified that the prisoner had, up to now, borne a good reputation. He had been one of the least noisy of the strikers and had often assisted the police in protecting the company's property. The master-mechanic under whom Dan Moran had worked as a locomotive engineer for twenty years took the stand and said, with something like tears in his voice, that Dan
had been one of the best men on the road. Being questioned by the company's attorney he gave it as his opinion that no dynamite was attached to the air-pump of Blackwings when she crossed the table, and that if it was there at all it must have been put there after the engine was coupled on to the Denver Limited. Then he spoiled all this and shocked the prosecuting attorney by expressing the belief that there must be some mistake.
"Do you mean to say that you disbelieve this gentleman, who, at the risk of his life, arrested this ruffian and prevented murder?" the lawyer demanded.
"I mean to say," said the old man slowly, "that I don't believe Dan put the dynamite on the engine."
When the master-mechanic had been excused and was passing out Dan put out his hand--both hands in fact, for they were chained together--and the company's officer shook the manacled hands of the prisoner and hurried on.
When the prosecution had finished, the prisoner was asked to name the witness upon whom he relied.
"George Cowels," said the accused, and there ran through the audience another murmur, the judge frowned, and the standing committee shifted back to the other foot.
"Your Honor, please," said the attorney rising, "we are only wasting time with this incorrigible criminal. He must know that George Cowels is dead for he undoubtedly had some hand in the murder, and now to show you that he had not, he has the temerity to stand up here and pretend to know nothing whatever about the death of the engineer. I must say that, quiet and gentle as he is, he is a cunning villain to try to throw dust in the eyes of the people by pretending to be ignorant of Cowels's death. I submit, your Honor, there is no use in wasting time with this man, and we ask that he be held without bail, to await the action of the grand jury."
Dan Moran appeared to pay little or no attention to what the lawyer was saying, for the news of Cowels's death had been a great shock to him. The fact that he had been locked up over night and then brought from the jail to the court in a closed van might have accounted for his ignorance of Cowels's death, but no one appeared to think of that. But now, finding himself at the open door of a prison, with a strong chain of circumstantial evidence wound about him, he began to show some interest in what was going on.
The judge, having adjusted his glasses, and opened and closed a few books that lay on his desk, was about to pronounce sentence when the prisoner asked to be allowed to make a statement.
This the attorney for the company objected to as a waste of time, for he was satisfied of the prisoner's guilt, but the judge over-ruled the objection and the prisoner testified.
He admitted having had the dynamite in his pocket when arrested, but said he had taken it from the engine to prevent its exploding and wrecking the locomotive. He said he had quarrelled with the engineer of Blackwings at first, but later they came to an understanding. He then gave the young runner some fatherly advice, and started to leave when he was arrested.
Although he told his story in a straightforward honest way, it was, upon the face of it, so inconsistent that even the loafers, changing feet again, pitied the prisoner and many of them actually left the room before the judge could pronounce sentence. Moran was held, of course, and sent to jail without bail. He had hosts of friends, but somehow they all appeared to be busy that evening and only a few called to see him.
One man, not of the Brotherhood, said to himself that night as he went to his comfortable bed: "I will not forsake the company, neither will I forsake Dan Moran until he has been proven guilty." _