Mister Dingledine by Robert F. Clifton (short novels in english .TXT) 📖

next to the backdoor. That rug gentlemen, as you now know contained arsenic. Therefore, the beans coming in contact with the arsenic resulted in trace elements of the poison adhering to the vegetables. Did Herbert Dingledine wash those beans? Certainly. However, two questions arise. Did he know there was arsenic on the beans and did he wash and rinse them enough? The answer to both is no. The result then was he cooked and canned the beans. At a later date, perhaps months later he served at the request of his wife, green beans. We admit there were traces of arsenic found in the partly digested green beans found in Ethel Dingledine’s stomach. But, I submit to you that those traces found by the hospital pathologist did not result in her death. Instead I offer you this hypothesis. The traces of arsenic in the green beans combined with the amount of arsenic already in Ethel Dingledine’s body came together to create the lethal amount necessary to kill her. In short her death was inevitable, but accidental.

You have heard Mr. Sawyer tell you about motive. He indicted that the motive Herbert Dingledine had for killing his wife was his attraction for one Alberta Collins. Was the defendant infatuated with Miss Collins? Yes, he was, but removing himself from his marriage could be obtained by a simple divorce. There was no need to murder his wife in order to be free to marry Alberta Collins. There is no crime here gentlemen. If there is, then the accused should be Alberta Collins. Why? Because it was she that intentionally loured Herbert Dingeldine into a liaison of her choosing. It was she that began that involvement by inviting him to a concert. It was she that decided on which Saturdays they would meet. It was she that picked the time and places, such as the City Library and the museums and it was she that in after all consideration probably committed perjury on the witness stand while under oath.

Now then, allow me to give you a lesson in the law. In order for a crime to have been committed two essential elements must be present. The first is intent. The second is the act. In the case of Herbert Dingledine there was no intent to kill or murder his wife. At the same time he took no action to do so. So, with the absence of both the intent and the act no crime could possibly be committed under the laws of the State of Pennsylvania. Therefore, I ask you to confer and then render a verdict of, not guilty. Thank you.”

“The jury will now retire, meet and discuss, hopefully reaching a decision and verdict. Court in the meantime will be in recess,” said Judge Flowers.

“What do you think?’, asked Herbert of Henderson.

“To be honest, right now it could go either way. I will tell you this, The longer they deliberate, the better it is for us. Now, go back to the holding area and don’t fret. There’s nothing more that we can do,” Henderson replied.

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At noon the next day Edsel Sawyer and Theodore Henderson lunched together at a small restaurant located across from the courthouse. “Well, this is the second day that the jury has been out. I’d have to say that it’s beginning to look mighty good for you Ted,” said Sawyer.

“I want to hear the foreman stand and tell me before I count on it,”Henderson replied.

“Well, whatever the outcome allow me to congratulate you on a fine defense,” said Sawyer.

“Thank you. You are a tough representative for the State.”

“I will say that if you do lose, you’ll know why, won’t you?”

“Yes, Alberta Collins.”

“Absolutely, she stuck it to him,” said Sawyer.

“Same old story. A man loses not only his head over a woman but everything he has in the world, reputation, money, property, friends and for what? A woman who like a cat playing with a mouse finally gets tired of him and kills him. Only this time Alberta’s letting the State of Pennsylvania do the killing,” said Henderson.

A uniformed bailiff entered the restaurant walked up to their table and said, “Gentlemen, the jury is in.”

Both attorney’s got up immediately, left the restaurant and walked quickly to the courthouse.

It took twenty minutes before the court was called to order.

Henderson waited for Herbert to be brought into the room. When he arrived he took a seat in the chair at the table. Once situated, the men of the jury filed into the jury box. Judge Flowers then said, “Mister foreman, have you reached a verdict?”

“We have your honor.”

“Please pass your verdict to the bailiff ."

As this was being done, Herbert sat in silence watching. He saw Judge Flowers receive the piece of paper from the bailiff. Still, he was unable to detect any kind of expression on the judge’s face. Then, the Judge spoke. "The defendant will rise and face the jury. Both Herbert and Henderson stood.

“Mister Foreman. Have you reached a verdict?” judge Flowers asked again.

“We have your honor.”

“And, what is you verdict?”

“We find the defendant, Herbert Dingledine guilty as charged.”

“Say all of you?”, asked Flowers.

“Yes sir.”

“The defendant will now face the bench.”

Herbert turned and watched and listened to the judge. “Herbert Dingledine you have been found guilty of murder in the first degree by a jury of your peers. It is the sentence of this court that you will be transferred to the Eastern State Penitentiary where you will be held until the date of your execution, the punishment of which is hanging by the neck until dead. Do you have anything to say to this court.?”

“Yes sir. I didn’t kill my wife. I’m innocent.”

“May the Lord have mercy upon your soul. Court is adjourned.

 

“All rise!,” called the bailiff.

“Keep your chin up. I’ll file a motion to appeal,” said Henderson.

Herbert smiled. “Well you know where I’ll be,” he said.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chapter Ten

Eastern Penitentiary

 

Herbert Dingledine smiled when he saw Theodore Henderson. “How have you been?” he asked his lawyer.

“Fine Herbert, what about you?”

“Peachy. The guards allowed me to have a deck of playing cards. When I get bored I play solitaire.”

“Good. The reason I’m here is to let you know that I’ve exhausted all appeals. Each court I petitioned during the past year found no cause to overturn your conviction and give us a new trial. I was counting on perjury by Alberta, but the courts didn’t see it my way. In short, a warrant for your execution has been issued by the governor. They intend to hang you on June 13, 1902 said Henderson.”

“Hey, at least you tried. Thank you,” Herbert replied.

“Is there anything you need?”

“Dingledine laughed. “A hacksaw, a hundred feet of rope and a three hour head start. Seriously, there’s nothing I need.”

“Well then, I’ll say good by.”

“Good by friend and you were and are my friend.”

“That’s for sure. That’s for sure,” said Henderson shaking hands and then walking away.

“Ted?.” Herbert called.

Henderson stopped and turned around. “Yes?”

“What day of the week is June the thirteenth?”

“It’s a Friday.”

Herbert laughed. “That figures.”

The early days of June, 1902 went by quickly. Herbert had one more visitor, the Reverend, Holmes. Holmes sat on a stool in Herbert’s cell and said, “ Would you like me to pray with you?”

“No Father. That won’t be necessary. You see, I’m innocent. I did not kill Ethel. I know it and God knows it.I will admit that I wanted her dead, but I didn't kill her. I don’t need prayer or confession. I will not descend into hell after I die. I spent ten years in hell and if anyone should ever ask you about hell, it’s right here on earth. No Father, I’ll walk right through the pearly gates. No one will stop me.”

At ten o’clock in the evening of Friday, June 13, 1902 guards entered Herbert’s cell. They had him stand. When he did he was placed in a straightjacket which then immobilized his arms and hands. He was then led out of his cell.

As he walked along the long hallway he became aware of the sounds of footsteps, his, the wardens and the guards. “ Are these the last sounds I’ll be hearing? How much further do we have to go? Ah, here we are, a door. Now, what? Oh, people, many people. Why? Of course, witnesses. They’re here to see me die.

Whats’ that sound? Thump, Thump, Thump, Thump. It’s my heart beating. Nothing more. Steps, now I have to climb steps. The guards are helping me. Good, it’s difficult to climb steps with your arms secured to your sides. There’s that sound again,thump, thump. My heart beat, telling me I’m still alive. Wait, they're making me stand at a particular place. Must be the trap door. They’re removing my eyeglasses. Now I can’t see, everything is a blur. They’re placing a hood over my head. Now, a noose. They're tightening it, placing a knot behind my ear. A new sound, thumpity, thumpity, thumpity, the heart is beating faster. Wait, I’m falling, falling. CRACK!

 

 

 

 

 

 

 

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Publication Date: 01-13-2017

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