THE EVIDENCE IN THE CASE.

When court opened on Sat.u.r.day morning, all the persons interested in the Burnham suit were present, and the court-room was crowded to even a greater extent than it had been on the previous day. Sharpman began the proceedings by offering in evidence the files of the Register's court, showing the date of Robert Burnham's death, the issuing of letters of administration to his widow, and the inventory and apprais.e.m.e.nt of his personal estate.

Then he called Simon Craft to the witness-stand. There was a stir of excitement in the room; every one was curious to see this witness and to hear his evidence.

The old man did not present an unfavorable appearance, as he sat, leaning on his cane, dressed in his new black suit, waiting for the examination to begin. He looked across the bar into the faces of the people with the utmost calmness. He was perfectly at his ease. He knew that what he was about to tell was absolutely true in all material respects, and this fact inspired him with confidence in his ability to tell it effectually. It relieved him, also, of the necessity for that constant evasion and watchfulness which had characterized his efforts as a witness in other cases.

The formal questions relating to his residence, age, occupation, etc., were answered with alacrity.

Then Sharpman, pointing to Ralph, asked the witness:--

"Do you know this boy?"

"I do," answered Craft, unhesitatingly.

"What is his name?"

"Ralph Burnham."

"When did you first see him?"

"On the night of May 13, 1859."

"Under what circ.u.mstances?"

This question, as by previous arrangement between attorney and witness, opened up the way for a narration of facts, and old Simon, clearing his throat, leaned across the railing of the witness-box and began.

He related in detail, and with much dramatic effect, the scenes at the accident, his rescue of the boy, his effort at the time to find some one to whom he belonged, and the ride into the city afterward. He corroborated conductor Merrick's story of the meeting on the train which carried the rescued pa.s.sengers, and related the conversation which pa.s.sed between them, as nearly as he could remember it.

He told of his attempts to find the child's friends during the few days that followed, then of the long and desperate illness from which he suffered as a result of his exertion and exposure on the night of the accident. From that point, he went on with an account of his continued care for the child, of his incessant search for clews to the lad's ident.i.ty, of his final success, of Ralph's unaccountable disappearance, and of his own regret and disappointment thereat.

He said that the lad had grown into his affections to so great an extent, and his sympathy for the child's parents was such, that he could not let him go in that way, and so he started out to find him.

He told how he traced him from one point to another, until he was taken up by the circus wagon, how the scent was then lost, and how the boy's whereabouts remained a mystery to him, until the happy discovery at the tent in Scranton.

"Well," said Sharpman, "when you had found the boy, what did you do?"

"I went, the very next day," was the reply, "to Robert Burnham to tell him that his son was living."

"What conversation did you have with him?"

"I object," interposed Goodlaw, "to evidence of any alleged conversation between this witness and Robert Burnham. Counsel should know better than to ask for it."

"The question is not a proper one," said the judge.

"Well," continued Sharpman, "as a result of that meeting what were you to do?"

"I was to bring his son to him the following day."

"Did you bring him?"

"I did not."

"Why not?"

"Mr. Burnham died that night."

"What did you do then?"

"I went to you for advice."

"In pursuance of that advice, did you have an interview with the boy Ralph?"

"I did."

"Where?"

"At your office."

"Did you explain to him the facts concerning his parentage and history?"

"They were explained to him."

"What did he say he wished you to do for him?"

Goodlaw interrupted again, to object to the testimony offered as incompetent and thereupon ensued an argument between counsel, which was cut short by the judge ordering the testimony to be excluded, and directing a bill of exceptions to be sealed for the plaintiff.

The hour for the noon recess had now come, and court was adjourned to meet again at two o'clock.

When the afternoon session was called, Sharpman announced that he was through with the direct examination of Craft.

Then Goodlaw took the witness in hand. He asked many questions about Craft's personal history, about the wreck, and about the rescue of the child. He demanded a full account of the way in which Robert Burnham had been discovered, by the witness and found to be Ralph's father. He called for the explicit reason for every opinion given, but Old Simon was on safe ground, and his testimony remained unshaken.

Finally, Goodlaw asked:--

"What is your occupation, Mr. Craft?" and Craft answered: "I have no occupation at present, except to see that this boy gets his rights."

"What was your occupation during the time that this boy lived with you?"

"I was a travelling salesman."

"What did you sell?"

"Jewelry, mostly."

"For whom did you sell the jewelry?"