sness, the seizing
of the Company's mill. The prisoner admits that he forcibly broke into
the mill, hoping, no doubt, that by confessing the minor offense he may
persuade you to believe him when he denies the greater. This is a very
ancient expedient of accused persons.
"He ground his grain and carried it back to the Indians, and they
stored it in an empty shack across the river. This is conceded by both
sides.
"On the following night during the progress of a barbaric dance among
the Kakisas, at which the prisoner was a guest--an honored guest,
remember--an alarm of fire was given.
"Upon running to the scene they found the shack in flames. It was
completely destroyed, together with its contents.
"Now, gentlemen, this is one of the mysteries of the case. No evidence
has been adduced to show who set that fire. Its suddenness and
violence precludes the possibility of its having caught by accident.
It was set, but who set it?
"We are reduced to mere speculation here. Was it any one connected
with the Company? No! They had thousands of dollars' worth of
unprotected goods across the river; they were a mere handful, and the
Indians three hundred. It isn't reasonable.
"Well, then, did any of the Indians set it? Why should they? It was
their flour; they had receipted for it. Lastly, did Ambrose Doane do
it, or have it done? Ah! Let us look for possible motives.
"He was a trader, remember. It had been so easy for him to secure the
first lot; perhaps he wanted to sell them another lot. The simple
Indians, of course, would be persuaded that the incendiary came from
across the river--"
Mr. Denholm rose. "I object," he said. "My eminent friend has no
right to suggest such ideas to the jury. There is no evidence--"
Mr. Pascoe beamed upon his young opponent. "Counsel overlooks the
fact," he said gently, "that I expressly stated this was mere
speculation on my part."
"Overruled," murmured the judge.
Mr. Pascoe resumed: "As to what followed there are several versions.
The prisoner says that he pleaded with the Indians, and tried to keep
them from crossing the river. Simon Grampierre corroborates this; but
Grampierre, you must remember, is the prisoner's self-confessed
accomplice in the seizure of the flour-mill.
"Still, he may be telling the truth. Grampierre was not with Doane all
the time. It is highly probable that the prisoner, seeking to impress
Grampierre, pleaded with the Indians
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