Show dy MARY R P HATCH author of the bank tragedy copyright by lee and shepard CHAPTER XII the exam nat on As the day of the examination ar rived it became evident that there was to be a large attendance at the courtroom it was understood it bad been called by hamilton rather than to await the slower action of the supreme court whose next term was yet at some distance I 1 have no intention of giving a prolix account of the examination only a general summary of particulars the austice with great dignity before swearing the witnesses asked mr hamilton it he wished to be examined personally assuring him that be was not compelled to answer a single question unless he chose I 1 am well aware of that said mr hamilton but I 1 shall answer ably every question that you put to me that I 1 can that is well said the justice but the law compels me to caution you as all questions and answers will be written and presented for use in case of a trial by jury that you should answer truly if at all mr hamilton such questions as you choose to an awer you can answer but you can also refuse to answer any question saying simply I 1 decline to reply to that question and at any time you decline to be questioned any further your examination can close mr hamilton related the story ot his leaving home as he had done to his wife and mr carter and to the officers of the bank there was much excitement manifested at his assertion that he lost all sense of personal iden city when or about the time he reach ed portland the justice questioned him regard ing his many mysterious absences in the month of may for the first time the cashier appear ed to hesitate looking about the room tor a moment with uncertain the manner of the young man was far less nonchalant than usual gaze but he answered with compos use in a moment I 1 went away on business will you tell us what the business was of what nature I 1 must decline to answer that ques tion not because I 1 should not care to have it known but because it Is or was connected with other parties or persons who would object one of the specialists sidney W lamb of boston was allowed to ques alon mr hamilton and to examine him professionally with a view to dincov ering whether he was or had been mentally deranged as in that case he could not be held accountable for any act performed at such a time this was an important part of the proceedings and the result of the ex of the specialists was eager ly awaited their report however was postponed until other witnesses should be examined the letter which had been found under the dent s door was produced Is this your handwriting 7 asked the justice it looks like it but I 1 don t think it Is what are your reasons for think ing so I 1 reason thus if I 1 did not know my name at the date when that letter beems to have been written then I 1 have not signed if As I 1 did not know it I 1 think the letter must have leen by some other person mr low was questioned at this point did the person who presented the note tell ou his name was hamil ton no sir I 1 think not I 1 am sure he did not speak the name at all but I 1 recognized him did you call him mr hamiltons 9 I 1 think not I 1 think I 1 said that I 1 did not know him at first still at this distance of time I 1 could not swear that the name was not spoken during the interview this point introduced by mr ham allton that he did not know his name and therefore could not have signed it to the letter would apply to the inter view at the lank in the same wai it mr hamilton did not know his name he could not give it to oi it he did ghe his name as hamilton then the inference would be that it could not have been mr hamilton since he did not know it from any other well I 1 do not think he gave the name but you cannot be certain I 1 cannot recollect but my imbres sion Is that the name of the cashier was not mentioned in the court room was he cashier of the cheshire bank when the four hundred dollar note altered to four thousand was presented and he was examined at this point he stated con cisel that a n an who closely lesem bled mr ham iton as he appeared now gave him the altered note an 1 said that he was the bahler ot th grovedale Grov edale bank I 1 knew the neme of cashier as hamilton and I 1 called him so ably during the interview why do you say probably 7 because I 1 us ally speak a man s name after addressing him can any one present certify that this Is mr hull s usual mannera ask ed the justice I 1 can said president hartwell and I 1 also said simon low he usually introduces the name of the hersca addressed in every sentence A point like this was most puzzling and of considerable consequence taken in connection with the fact that he had stated he was the cashier of grovedale Grov edale bank the whole was tantamount to an acknowledgment of his name as hamilton now the ques tion arose could he give the name or acknowledge it unwittingly in con with a fraudulent deed con arary to bis usual or character or was he personated by a professional lank robber disguised to resemble him who had possessed himself of the bani papers and credentials and who in pursuance of his purposes and de signs to represent the cashier wrote the letter to the president 9 the last seemed more likely and reasonable and in this case the man before them had been the dupe not alone of cir cum stances but of an evil minded person who should bear the guilt and its v eight of punishment the bank commissioner to the sur prise of many present who had been led by the equivocal state of affairs to believe that actual proofs of fraud had been found to exist stated that with the exception of the two altered notes everything had been found to be correct did mr hamilton s books satisfy ou on occasions 9 they did invariably mr haell tons accounts were always in good cordei when tony osborn was called the macnei of the young man was tar less than usual an ex cited glitter shone in his eyes and he answered with clenched hand at his side and denous glances froni time to time at mr hamilton his replies were unsatisfactory to a de gree he seemed fretted and cious and in some way his attitude affected people in the court room till they became fretted and suspicious us too as it some occult influence was at work when h s examination was over he brightened with what seemed relief and he quickly took his seat and resumed his watch of the proceed ings with a degree of interest oddly at variance with his halfhearted man ner as a witness puzzled or something to conceal asked both bruce and swan who were watching him justice bailey at this point question ed mr lamb somewhat in regard to hypnotism these most marvelous phenomena exhibited by hypnotism said mr lamb have been questioned but they are real no doubt can every one be hypnotized 9 no not every one some affirm but a limited number of people are capable of being hypnotized but I 1 in dine to the belief that the number is much larger than Is generally be lieveld what is the effect afterwards 9 it tends to disturb the nervous equilibrium and if frequently re heated may lead to deterioration of brain and nervous function could an 01 aerator make a subject think he was another persona undoubtedly he could can you tell whether a person is capable of being hypnotized 9 and the justice s glance moved toward simon low tor an instant every heart stood still for the answer no sir to determine that with certainty one must possess the power to hypnotize which I 1 am thankful to state I 1 do not mr low looked much relieved but the audience correspondingly digap pointed has hypnotism ever been proved a factor in crimea yes sir more than once does the condition of mr hamil ton s brain imply that he has been hypnotized 9 I 1 cannot say at present I 1 should want counsel beacie making any state ment in regard to a matter of so much consequence and involving so many issues perhaps mr hamilton can himself give some explanation of the matter mr hamilton was ed to state wheal er he could throw any light upon the matter he replied that he could not but that he did not believe he and been hypnotized there was evident in mr lamb s nianwei a de ln not to 0 o bey na the es of the occasion i believing be affair too ei s to cone co ne wither he j i of d j st ce as lr 1 the j t hi rolt bt n to fee he therefore confined himself to a questioning of a fellow townsman of the cashier mr beakey who had been heard to u that he did not believe mr hamilton was right in his mind yet for he did not appear to know him when they first met on the street relate the circumstances of your meeting I 1 see him a comin an I 1 knowel him the moment I 1 sot eyes on him s I 1 jest step up an surprise him and so I 1 d d an hll out my ban I 1 never let on I 1 never said one single word but jes hil out my ban an kinder smiled wall it yo i believe it sir le never knowel me are you sure yes sir he looked beat an seem ed to be bryin to think who I 1 was me bill seavey that knowel him like a book for years what did he saya why hp said sorter polite an distant like you have the advantage names an faces are strange to me sometimes but jest as soon as I 1 said bill seavey your old foreman be remen ered like a book first off though as I 1 say he dian didn t kno me from adam so I 1 say he aint jest right if mr hamilton did not recognize his old foreman a man of most becu liar physiognomy then indeed his memory was not thoroughly reh abill bated and this agreed with his own statement that some portions of his past life were still quite vague to his mind justice bailey s examination was lengthy and searching to a certain ex tent his course became obvious after awhile it was to ascertain mr hamilton s standing as a cashier be fore his disappearance his acts while away whether questionable or other wise and then to learn whether he had been accountable for his acts at the time strange and unusual circumstances seemed to surround the affair an air of mystery clung to it from the man ner of the brain specialist and tony osborn also the hypnotic theory seemed to carry the matter farther beyond the depth of the worthy jus tice so after examining the beattle witnesses who brought no new facts to light differing from those presented by hamilton himself justice bailey caused each witness to affix his name to his testimony and ordered him to appear at the next trial term of the supreme court whether an indict ment would be found against haell ton for forgery and embezzlement re bained to be seen to make the busl ness safe and sure the worthy jus tice ordered him to recognize with the bame sureties and attendance as hith arto erto at the next trial term of court to take place in april the fourth tues day in the month to be continued |