“Again, your honor, I wish to call your attention to the fact that the defendants, through their counsel, made persistent efforts to get an early hearing, but it was denied them at the instigation of District Attorney Lane. For six long weeks their pleas were disregarded, and in the meanwhile the district attorney made a dicker with Cummings, the Walpole bank burglar, and in that bargain this Cummings turned over to Mr. Lane more than five thousand dollars. Then the enterprising burglar was set at liberty, to continue his preying upon the public, it being done in a star chamber proceeding, and supplied with money to pay his railroad fare to Rochester, New York. I state all this, your honor, with a view of opening your eyes to what is going on in this case, and with the hope that the prisoners, so infamously charged, may be given the benefit of this warning.
“All of this looks very plain to me, sir. Cummings was arrested with a large amount of cash in his possession, and some one wanted it, and he was willing to give it up, provided he was set free. Two men, it is alleged, your honor, robbed the Walpole Bank. Mr. Shinburn was arrested and would do for one prisoner; but if Cummings were given his liberty, who would take his place? That was the question. Where was the second victim to come from? Ah, a thought strikes some one! A certain hotel keeper and liveryman in Stoneham let teams, according to the district attorney, to a man resembling Mr. Shinburn, one of the defendants here. Excellent! Grand idea! The liveryman was arrested, and was none other than Mr. George White, the other defendant here. The men behind this case got detectives from New York to journey to Stoneham and drag into this awful mess this respectable business man; and we find him in court before your honor to-day, the second victim, standing in the shoes which Cummings should fill. Is not this an infamous state of affairs, your honor? I charge that the district attorney set James Cummings free. I charge that Cummings did not take the five thousand dollars with him, and that the district attorney paid for the railway ticket that took him to Rochester. If ever there was a case of compounding a felony, then this is one. In view of all these facts, your honor, I say that the prisoners at the bar should be granted separate trials.”