Benny and the Bank Robber

by Mary C. Findley

Chapter Eight – The Star Witness

  Benny surprised himself by actually falling asleep. When he awoke the wagon was parked outside Kitty's Cafe and no one else was around. Benny slipped out and stood in the street. He did feel a little hungry now, but he didn't want to show up just as the others were finishing, and he also wasn't ready to face his mother yet. A light rain started to fall and Benny scooted under the awning of the shop next door. "Dear Lord, I think there's a verse that says, 'Bring my soul out of prison, so that I may praise Thy name.' Can't You do that for Jeremy? My mother won't help him. I don't know what I can do. He has to get out of there."

  Benny turned his head back toward the cafe. To his horror he saw that the wagon was gone. Benny ran down the street, looking both ways as far as he could. Thunder rolled and lightning flashed. How long would it be before his mother realized he wasn't still asleep under the blankets?

  "Child, what are you doing out in this storm dressed like that?" Benny almost ran into the dark-cloaked woman crossing the street in from of him. She held her umbrella over him.

  "Excuse me, ma'am," Benny apologized. "My uncle came to town on business. I – I accidentally got left behind. His farm is a long way from here —"

  "Come with me." She led Benny quickly down the street to a large house and hustled him into the front hallway. "Mary! Mary! Hurry and get this poor boy some dry clothes." A maid poked her head over the banister above them, nodded, and disappeared.

  Shortly, Benny sat before a roaring kitchen fire dressed in baggy men's clothing. Mary brought him a big plate of cold chicken, biscuits and hominy.

  "Poor Lamb," she clucked. "What kind of mother would ride off and leave her son standing in the rain?"

  "It wasn't like that at all," Benny protested. He wasn't having much luck trying to drink the scalding tea Mary had given him. The lady of the house came in as he was explaining how it had happened. She had introduced herself as Mrs. Connors. She was very beautiful and elegant, with rich-looking clothes.

  "But why were you coming toward the prison? Most folks are scared to death to go near the place."

  "I – I don't know anybody in town. My mother took me to visit – a prisoner earlier."

  "Dear child. Don't be ashamed. Be thankful your father's not dead," Mrs. Connors said.

  "My father has been dead for more than a year," Benny said.

  "Why, I do charity visits myself," Mrs. Connors said cheerfully, struggling to understand without wanting to pry. "We owe it to those less fortunate than ourselves. Sometimes it does a great deal of good."

  Benny guessed that was how his mother thought of it. Benny didn't believe they'd done Jeremy much good.

  "Oh. There's my husband coming home now," Mrs. Connors exclaimed. I'm sure he'll know what to do about getting in touch with your people, Benjamin. Thomas Laughlin, you said your uncle's name was? From Osage?"

  She bustled away. Benny ate all the food Mary set in front of him. He was very hungry by now.

  "Hello, there, young man," said a very tall, handsome man who somehow looked familiar to Benny, opening the kitchen door.

  "Benjamin Richardson, is it?" He sounded kind enough, but his face was very stern. "All finished eating? I wonder if you'd mind coming into my study with me."

  Benny followed him through the dining room and into a dark-paneled side room with a settee and two high-backed chairs. Another man, much older, with gray hair and a very grave expression sat in one of the chairs. He got up and shook Benny's hand. All of them sat down and Mr. Connors began to fill a pipe.

  "My wife's told me about your little mishap, Benjamin," said Mr. Connors. "Apparently she's a little absent-minded, not to realize who you are." Benny stared at Mr. Connors but didn't know what he meant or why Mrs. Connors should know him. "We're sending a messenger to catch up to your family. This gentleman is the prison warden, Sam Calloway," Mr. Connors added.

  "Do you mind if I ask you a few questions about your friend Jeremy Carlisle?"

  "Yes, sir. I mean, no, sir." Benny flushed.

  "Mr. Calloway," Mr. Connors said quickly, "please let me remind you that I represent Mr. Carlisle and I advise you to be careful what action you take in this matter."

  Benny stared up at Mr. Connors. Connors! Of course! This was Doc Daniel's son, the lawyer.

  "Carlisle confessed to that Pennsylvania bank robbery," Mr. Calloway said angrily. "We weren't aware that he ought to have been charged with kidnapping too."

  "Kid-kidnapping, sir?" Mr. Connors dropped his pipe and shot a piercing look at Benny. Obviously he was just as surprised as Benny.

  "One of the guards at the prison reported your conversation with Carlisle today," Mr. Calloway explained. "He took you from your mother under false pretenses? He kept you prisoner? He threatened to kill you? Is this true?"

  "I – I – " Benny realized now just how much trouble their visit had made for Jeremy. "Please, sir, he never really hurt me. He was good to me most of the time. It isn't as bad as it sounds."

  "Boy, you don't have to be afraid of him," Mr. Calloway said. "He can't hurt you anymore."

  "No, no, it's not like that at all," Benny insisted. "Jeremy's my friend."

  "You have to tell us the truth," Mr. Calloway said.

  "I'm not a liar, sir," Benny said sharply.

  "You're protecting him," Mr. Calloway replied. "We could deal with this just on the testimony of the guard about Carlisle's own words."

  "He said that because of my mother," Benny said. "She made him angry – and sorry too."

  "Was what he said untrue?"

  "No, sir," Benny said in a low voice.

  "Mr. Calloway, I demand a hearing on these charges," Mr. Connors said. "I can get the judge to preside in three or four days – "

  "Carlisle doesn't have three or four days. He's to be shipped out tomorrow," Mr. Calloway snapped.

  "Why wasn't I informed?" demanded Mr. Connors.

  "He's your client. It's your job to keep up with his affairs."

  "It might not be possible to arrange a hearing in that short a time. If he's leaving that soon – "

  "That is, if there's any need to have him go to Philadelphia. Maybe we can just take care of him here." He stood up to go.

  "I'll see the judge right away," Mr. Connors said. "In the meantime you'll take no action, Mr. Calloway."

  "You don't have any authority over me," Mr. Calloway growled.

  "The laws of the United States grant a man the right to due process," Mr. Connors said. He stood up also, towering over Mr. Calloway. "As Mr. Carlisle's lawyer it's my job to see that he gets a hearing. You are the law in this town, Mr. Calloway, but you can't set the law aside to suit your purpose."

  "We'll see about that," Mr. Calloway sneered. He left without even looking at Benny. Mr. Connors slammed his hand down on the desk. He looked furiously angry. Then he remembered Benny was still sitting in front of him.

  "Oh, Benjamin, I wish I'd known you were coming to visit Jeremy," he sighed.

  "I'm sorry, sir," Benny whispered.

  "Take it easy, son," Mr. Connors soothed. "I'm going to see the judge right now. My wife and Mary will take care of you. We'll take this up with your mother and your uncle when they get here. I'm sure your mother'd have to file a complaint against Jeremy before anything could happen to him. Would she do that?"

  Benny's heart sank. "How long do they put you in prison for kidnapping?" Benny asked.

  "In Missouri they don't put people in prison for kidnapping a child and threatening him with death, Benjamin. Jeremy would be hanged for it."

  Mr. Connors hadn't come back by ten o'clock that night. Mrs. Connors and Mary put Benny to sleep in the Connors' spare bedroom.

  In the middle of the night a bright light shined in his face, then someone grabbed him in a fierce hug.

  "Benny! Benny, darling! Oh, thank the Lord you're all right."

  "Mother!" Benny exclaimed. He was very glad to hug her back. They stayed that way a long time without talking.

&nbs
p; "Mother, you can't press charges against Jeremy. They'll hang him! Please promise me you won't."

  "What?" his mother brushed the hair out of his eyes. "Did you have a bad dream, darling? It's all right."

  "No! They want to charge Jeremy with kidnapping me. Mr. Connors says you can press charges against him. They'd hang him! Mother, please, I know you hate Jeremy, but he doesn't deserve to die. God could've let the cougar kill him, or the Conemaugh River, or any of those people he cheated at cards. You don't have to like him. But don't let them kill him."

  "Oh, Benny ... " His mother held him tightly again. "Benny, we'll have to talk about this in the morning. It's so late. Uncle Tom is waiting to take me to a hotel. We'll let you stay here the night, and I'll be back first thing in the morning."

  Benny didn't sleep the rest of the night. He tossed and turned and tried to think of ways he could persuade his mother to help Jeremy. What could he promise her? What could he do for her? What would make her agree?

  At dawn he dressed in his own clothes and crept downstairs. No one was in the front room or the dining room. He wondered if everyone was still asleep. Then he heard a noise in the kitchen and went to the door.

  "Oh, there's no secret to really good biscuits," his mother was saying to Mary. She rolled out dough on the table while Mary watched, wide-eyed. "Just cut the fat in nice and fine, and don't mix too much or roll too much ... Where's your cutter? Benny, darling! Good morning. Sleep well?" She wiped the flour from her hands and took off her borrowed apron. "Mind you don't let them overbake," she admonished Mary. "Darling, let's take a walk and let Mary get on with her work.

  "I pity those poor Connors. Never a decent batch of biscuits. What a gorgeous morning it is. The rain washed everything clean."

  "I'm sorry about all the trouble I caused," Benny said quietly.

  "Darling, we were very worried. We'd already stopped for the night because of the storm. Imagine picking up the blankets and finding you gone. I've had enough of losing you for one lifetime. Let's just try to stay together from now on, all right?" She took Benny's arm and squeezed just a little.

  "Poor Mr. Connors was with the federal judge until very late last night," she said soberly. "There's a hearing this morning at ten o'clock. I'm to testify concerning the abduction of my son Benjamin Jonathan Richardson at the hands of Jeremy Gladstone Carlisle."

  "I guess I know what you're going to say," Benny said flatly. "After what you said to Jeremy yesterday. I wish we'd never come here."

  "Darling, can you trust me to do the right thing about Mr. Carlisle?" his mother asked. "Can you believe that I love you and want what's best for you?"

  "What are you going to say?"

  "I'll have to claim the verse that says the Lord will give me the words to speak when the time comes. I honestly don't know yet, Benny. I've thought and prayed a good deal since our visit yesterday. I've talked with Mr. Connors. He came to see us at the hotel this morning.

  "You were right. I didn't really know Mr. Carlisle. He isn't at all what I thought he would be. But he could be deceiving us again – acting to save himself."

  "How could he fool Doc Daniel and his son? Doc Daniel says Jeremy's really a believer. Mother, I – I promise you I'll do what you want – I'll never see Jeremy again, or write to him, or have anything to do with him, if you'll just help him not to be hanged."

  "You've put a great burden on me, Benny," his mother said tiredly. "I hardly think it's fair or right of you. Mr. Connors says Mr. Calloway is a very powerful man in this town. It may not even matter what I say. Will you always blame me if Mr. Carlisle is hanged?"

  "I – I never thought about it like that," Benny said. "Mother, I'm sorry. I was blaming you. I was trying to protect Jeremy. But only God can protect him. And only God can punish him. I need to thank the Lord that Jeremy's in his hands, don't I?"

  "That's more like my son," Benny's mother smiled. "I hope Mary didn't burn those biscuits. Let's go and see."

  Benny and his mother sat very still and straight in their chairs at the courthouse. Dan Connors sat beside them. His mother still hadn't told him what she meant to say, but Benny knew now that Jeremy would have the Lord to take care of him. That brought Benny a lot more peace than he'd had in many days.

  They heard chains rattling behind the door they faced and after a moment two guards ushered Jeremy in. Both Benny and his mother stared at him in horror.

  Jeremy's face was badly bruised. He had a cut over one eye and a puffed, split lip. He seemed to be having more trouble walking than the shackles would explain. Benny's mother turned quickly to the warden, who sat behind them.

  "What has happened to him?" She demanded.

  "Ma'am, there're men who don't take kindly to the thought of havin' a fellow in their midst who might have kidnapped a young boy and threatened his life," the warden said. The guards pushed Jeremy roughly into a chair beside the judge's bench.

  "Stop that!" Benny's mother exclaimed, starting out of her seat. "How dare you torment a helpless man?"

  The two guards looked ashamed. Jeremy had seemed half-dazed when he had come in. He had groaned in pain when the guards sat him down.

  Benny's mother had seated herself, but she shot to her feet again. Benny almost laughed at how the men all jumped out of their chairs every time his mother got up. Jeremy tried, but he gave it up and simply held his side.

  "How does a person take action against the abuse of a prisoner in your care, warden?" she asked sharply. The warden looked startled.

  "Ma'am ... I ... I have the authority to discipline prisoners however I see fit in my prison," he said, but he seemed uncertain.

  "Discipline! Perhaps you should consider that you are a servant of the law and try to support its just workings, Mr. Calloway."

  "Yes, Ma'am." The warden sat down meekly.

  Mr. Connors went over to Jeremy and spoke quietly to him. Benny wished he could hear what they were saying. And he wished he knew what his mother was really thinking. It was one thing to be angry because Jeremy had been hurt, and quite another to be willing to say he didn't kidnap Benny. At last the judge arrived. He nodded to everyone to be seated and took his place at the bench.

  "This is an informal hearing, ladies and gentlemen," the judge explained. "It's been organized in haste due to the impending transfer of the prisoner to Philadelphia. Warden, are you conducting the proceedings?"

  "If it please your honor," the warden said, standing up again.

  "Informal. I said informal, Sam," the judge murmured.

  "Right, Abe," Mr. Calloway replied. "All right, then. First I need to call my witnesses, I guess. George Brown, please step forward."

  Benny realized he was the same guard who had brought Jeremy in for their visit. He repeated what Benny's mother had said to Jeremy, and the parts of Jeremy's answer that made him sound guilty.

  "I have no questions for this witness, your honor," Mr. Connors said. George Brown gripped the handle of the heavy stick he wore in his belt as he walked past Jeremy and Jeremy flinched just a little. Benny didn't wonder much who had done the beating -- at least some of it.

  "My next witness is Mrs. Abigail Laughlin Richardson," the warden announced. Benny's mother squeezed his hand and stood up to take the stand.

  "Ma'am, what were the circumstances of your meeting the prisoner?"

  "We were passengers together on a barge on the Conemaugh River east of Saltsburg, Pennsylvania," Benny's mother answered.

  "Did you know the prisoner by the name of Jeremy Gladstone Carlisle, ma'am?" the warden asked.

  "No, sir. He told me his name was John Clancy," she replied, glancing at Benny.

  "May I ask the warden to clarify for me the reason for this line of questioning?" Mr. Connors asked.

  "Your honor, I'm trying to establish that the prisoner deceived Mrs. Richardson with a false name and a false appearance."

  The judge frowned and scratched his chin. "The false name I grant you, Sam. It's already been established in this very c
ourt that he traveled under a false name because he had robbed a bank, a crime to which he confessed." The judge frowned at the Warden. "Are you planning to make a case out of this at any time soon, Sam?"

  "Mrs. Richardson," the warden said, clearing his throat, "How did your son become a – shall we say traveling companion – of the prisoner?"

  "I suffered a serious injury escaping from the barge when it sank in a mudslide," Benny's mother explained. "It required surgery, and the doctor was uncertain whether I would even survive. Mr. Clancy – I mean – the prisoner – saved the lives of my son and myself. I asked him to see my son safely to my brother's farm here in Missouri."

  "You had known this man only a few hours," the warden protested.

  "There was no one else," Benny's mother answered. "No one else on that barge lifted a hand to assist my son or me. No one else carried us to a place of safety out of the mudslide. No one else walked three or four miles to secure assistance for us."

  "I ran, mostly," Jeremy murmured.

  "The prisoner will have a chance to say his piece later," the judge said, but he smiled.

  "For another thing," Benny's mother continued, "I felt sure that a man who would risk so much for strangers, who would even wait outside my hotel room to be sure I was being cared for, was a good man."

  Jeremy looked up at Benny's mother in wonder. The warden paced nervously.

  "Mrs. Richardson, this testimony you are giving now does not quite coincide with what the guard has testified you said in the prison," the judge said. "I do see the point the warden is trying to make and I'm curious to hear you reconcile these two very different statements about Mr. Carlisle's character."

  "You have asked me to give a truthful report about certain events, your honor," Benny's mother answered. "As a judge, I am sure you do not allow hindsight to color your reporting of an event at the time it happened. I have told you my true knowledge and belief at the time."

  "I stand corrected, Madam," the judge nodded. "Any more questions for the witness, Sam?"

  "I – uh – Mrs. Richardson, what knowledge do you have of the treatment your son received from the prisoner?"

  "Sir, I have no certain knowledge. It would be hearsay to report on events I did not witness."

  The warden scratched his head. "In what condition did you receive your son from the prisoner's care?"

  "My son had recently recovered from injuries and a fever which had almost killed him."

  "Was this a result of neglect or mistreatment on the part of the prisoner?"

  "Certainly not. Benjamin had frightened a high-strung horse and the animal struck at him in its own defense. The prisoner traveled twenty miles when he himself was in precarious health, recovering from the cougar attack, and secured assistance which saved my son's life. This I am certain is true because I saw the condition the man was in when he arrived at my brother's home seeking aid and heard him explain what had happened."

  "Help me out here, Sam," the judge said, rubbing a hand over his broad face. "Exactly what was the charge against this prisoner again?"

  "Kid-kidnapping, your honor," the warden said. "Abe, can I put the boy on the stand? He can tell us the truth!"

  Benny paled. The judge studied him. Mr. Connors had been kneeling beside Jeremy to talk to him. He stood up very quickly.

  "Son, how old are you?" the judge asked.

  "Eleven, sir," Benny replied.

  "We've had testimony from two adults," the judge grunted. "I don't think there's a need to put this child through any more than he's already endured. Any other questions for this witness?"

  The warden stared at Benny's mother a long time. She faced him steadily, calmly, without a trace of fear.

  "No more questions, your honor."

  "Counsel for the defense, have you any questions for this witness?"

  "No, your honor," Mr. Connors said.

  "Anyone have anything else to say relevant to this case?" the judge asked.

  "Sounds more like a hero than a kidnapper to me," muttered the second guard.

  "Prisoner," said the judge, "you have the right to speak if you wish, before this court makes its determination."

  "I'd just like to say that it was the goodness and power of almighty God that preserved Ben Richardson from harm while he was in my care," Jeremy said in a low but strong voice, "though I did not know it at the time. And it was the goodness and power of God that brought him safely back to his mother. I deserve no credit."

  "I should retire to my chambers to deliberate this matter and give my decision in proper leisurely judicial fashion," the judge said. "But time is precious, so I will just render my ruling. The charge of kidnapping against Jeremy Gladstone Carlisle is dismissed. This court stands adjourned."

  Benny jumped into the air with a wild cheer. The men all stood up as Benny's mother rose from her seat.

  "Ma'am, am I supposed to understand what just happened here?" the warden asked her.

  "I did not bring the charge of kidnapping, Warden, you did," Benny's mother said quietly. "Are we permitted to speak to Mr. Carlisle?"

  "Yes, yes, go ahead," the warden waved them away.

  "Are you really all right?" Benny's mother reached out a hand and touched Jeremy's face. "They did this to you because of me."

  "The Scriptures say, 'Faithful are the wounds of a friend,'" Jeremy quipped. "This is not the same Mrs. Richardson who came to visit me yesterday. Where'd she go, that righteously indignant little woman?"

  "She realized what so many people had been trying to tell her for a long time," Benny's mother replied. "That you are a good, godly man who needs the help of Christian people."

  "Jeremy, I'm going to get my dad to look at you before we leave," Dan said. "And we're both going to make the trip with you."

  "Dan," Jeremy said, "it wasn't necessary for you or your father to do any of this. I'm so grateful for what you've tried to do."

  "I've failed in everything I've tried to do," Mr. Connors said. "Please don't thank me."

  "Jeremy, I – I wish you didn't have to go," Benny said. "I'll miss you so much."

  "Oh, Ben, I almost wish you hadn't come. This makes it so much harder, seeing you again."

  "We shall pray for you every day, and write to you often, Mr. Carlisle," Benny's mother said suddenly. "I never did thank you for bringing Benny safely back to me. You sacrificed so much for him. How very glad I am that God brought you into our lives. I pray He will return you to us in his time."

  "I didn't think you'd ever look me in the eye, ma'am," Jeremy said soberly. Benny's mother blushed.

  "I'm looking through at your soul, Mr. Carlisle," she replied.