The Living Link | Page 7

James De Mille
they had never seen it before. Mr. Henderson's clerks also swore that Mr. Dalton wore no pin at all on that morning of the interview.
And, finally, an effort was made to prove an alibi. It was shown that Dalton's occupation of his time during that evening could be accounted for with the exception of one hour. Witnesses were produced from the hotel where he put up who swore that he had been there until eight o'clock in the evening, when he left, returning at nine. An hour, therefore, remained to be accounted for. As to this hour--on the one hand, it seemed hardly sufficient for the deed, but yet it was certainly possible for him to have done it within that time; and thus it remained for the defense to account for that hour. For this purpose a note was produced, which was scribbled in pencil and addressed to John Wiggins, Esq.
It was as follows:
"Dear Wiggins,--I have been here ever since eight, and am tired of waiting. Come to my room as soon as you get back. I'll be there.
Yours, F. DALTON."
Mr. John Wiggins testified that he had made an appointment to meet Dalton at the hour mentioned in the note, but had been detained on business until late. He had found this on his return thrust under the office door. On going to see him the following morning he had learned of his arrest.
This note and the testimony of Wiggins were felt to bear strongly in Dalton's favor. If the accused had really been waiting at the office, as the note stated, then clearly he could not have followed on Mr. Henderson's track to Everton. The force of this weighed more than any thing else with the court; the summing up of the judge also bore strongly toward an acquittal; and, consequently, Dalton was declared not guilty.
But the acquittal on this first charge did not at all secure the escape of Dalton from danger. Another charge, which had been interwoven with the first, still impended over him, and no sooner was he declared free of murder than he was arrested on the charge of forgery, and remanded to prison to await his trial on that accusation.
Now during the whole course of the trial the public mind had been intensely excited; all men were eager than vengeance should fall on some one, and at the outset had made up their minds that Dalton was guilty. The verdict of acquittal created deep and widespread dissatisfaction, for it seemed as though justice had been cheated of a victim. When, therefore, the trial for forgery came on, there weighed against Dalton all the infamy that had been accumulating against him during the trial for murder. Had this trial stood alone, the prisoner's counsel might have successfully pleaded his high character, as well as his wealth, against this charge, and shown that it was false because it was morally impossible. But this was no longer of avail, and in the public mind Frederick Dalton was deemed only a desperate murderer, whose good reputation was merely the result of life-long hypocrisy, and whose character was but an empty name.
And so in this trial it was shown that Dalton had first put forth the forged check, and afterward learning that it was discovered prematurely, had hurried to Liverpool so as to get it back from Mr. Henderson. His asserted wealth was not believed in. Efforts were made to show that he had been connected with men of desperate fortunes, and had himself been perhaps betting heavily; and all this arts which ate usually employed by unscrupulous or excited advocates to crush an accused man were freely put forth. Experts were brought from London to examine Dalton's handwriting, and compare it with that of the forged check; and these men yielding to the common prejudice, gave it as their opinion that he was, or _might have been_(!), the author of the forgery.
But all this was as nothing when compared with the injury which Dalton himself did to his own cause by the course which he chose to adopt. Contenting himself with the simple assertion of his innocence, he refused to give the name of the guilty man, or to say any thing that might lead to his discovery. Actuated by a lofty sense of honor, a chivalrous sentiment of loyalty and friendship, he kept the secret with obstinate fidelity; and the almost frantic appeals of his counsel, who saw in the discovery of the real offender the only chance for the escape of the accused, and who used every possible argument to shake his resolve, availed not in the slightest degree to shake his firmness. They employed detectives, and instituted inquiries in all directions in the endeavor to find out who might be this friend for whom
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