What are two characteristics from "The Devil and Tom Walker" that let the reader know the story is fiction?

First, the story includes the famous scene at the pine and hemlock swamp where Tom Walker meets the devil or Old Scratch. Tom makes a pact with Old Scratch; however, this fact taken alone, may still lend some ambiguity as to whether the story is fiction or non-fiction. After all, who hasn't heard some true story of someone making a pact with the devil? Usually, however, this 'pact' with the devil is not made face...

First, the story includes the famous scene at the pine and hemlock swamp where Tom Walker meets the devil or Old Scratch. Tom makes a pact with Old Scratch; however, this fact taken alone, may still lend some ambiguity as to whether the story is fiction or non-fiction. After all, who hasn't heard some true story of someone making a pact with the devil? Usually, however, this 'pact' with the devil is not made face to face, as no one has seen the devil. However, in the story, Old Scratch's words soon convince us this is a work of fiction when he exclaims about the future fate of one important colonist, Crowninshield.

"He's just ready for burning!" said the black man, with a growl of triumph. "You see, I am likely to have a good stock of firewood for the winter."

The author tells us that Tom Walker is meeting the devil face to face and he further presents the imagery of the devil presiding over the fires of Hell and over the souls of sinners burning for their sins. Right away, the first few pages of the story tell us that this is a work of fiction. Two characteristics of fiction:

1)Non-fiction relates real events happening to real people, in real places. Fiction is open to interpretation. Near the end of the story, Tom Walker is carried off by the devil towards the direction of the swamp and the old Indian fort. The whole scene of Tom Walker's abduction by Old Scratch is couched in fantastic imagery; such seemingly supernatural occurrences also highlight common superstitious beliefs held by many in 18th century New England. The author tells us that people have been 'accustomed to witches and goblins and tricks of the devil in all kinds of shapes from the first settlement of the colony.' Again, this connects to superstitious beliefs rather than realistic events that have been documented.

2)In fiction, we can find characters like devils, vampires, werewolves, hobbits, changelings, and shapeshifters. However, such characters are not found in non-fiction. Hence, with the inclusion of Old Scratch in Tom Walker's tale, we can be sure that this short story is fiction.