The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1870-02-25
A Case Of circumstantial Evidence.

The following strange narrative appeared
in volume called the "Theory of Pre-
sumptive Proof" published some sixty
years since, and now not often met with:
A gentleman travelling to Hull was stop
ped late in the evening, about seven miles
short of that town, by single highway
man, with mask on, who robbed him of
a purse containing twenty guineas. The
highwayman rode off by different road
full speed, and the gentleman pursued his
journey. 1t, however, growing late, and
he being already much frightened and agi-
tatcd at what had passed, rode only two
miles further, and stopped at the Bell a
roadside inn, kept by James Brunell.
He went into the kitchen to give direc-
lions for his supper, when he related to
several persons present his having been
robbed, to which he added this peculiar
circumstance, that when he travelled he
always gave his gold particular mark;
that every guinea in the purse he was rob-
bed If was so specially marked, and that
probably the robber by that means would
be detected. Supper being ready he re-
tired. He had not long finished his repast
when Mr.. Brunell came into the parlor.
After the usual inquiries of landlords of
hoping the supper and everything was to
his liking, etc, Sir" says he Il under
stand that you have been robbed not far
from hence this evening" 81 have, sir"
Sand that your money was marked ?" at
was" "a circumstance has arisen which
leads me to think that can point oat the
robber." Indeed !" Pray, sir, what time
in the evening was it? ut was just set
TIM in to be dark" "The time confirms
suspicious" Mr.. Brunell then informed
the gentleman that he had waiter, one
John Jennings, who had of late been so
very full of money he had had many words
with him about it, and had determined to
part with him on account of his conduct
being so suspicious; that long before dark
that day he had sent him out to change a
guinea for him, and that he had only come
back since he, the gentleman, was in the
house, saying that he could get no change;
and that Jennings being in liquor, he had
sent him to bed, resolving to discharge
him in the morning. That at the time he
returned him the guinea, he (Mr. BrunelD
did not think it the same which he
had given him to get silver for, having per-
ceivcd mark upon this which he was very
clear was not upon the other but that,
nevertheless, he should have thought no
more of the matter, as Jennings had so fire.
qucntly gold of his own in his pocket, had
he not afterwards heard-for he was not
present when the gentleman was in his
kitchen relating 1.-THE particulars of the
robbery, and that the guineas which the
highwayman had taken were all marked
that, however, few minutes previously
to his having heard this, he had unluckily
pal away the guinea which jennings re-
turned him to man who lived some dis
lance off and wasg gone; but the circum-
stance struck him SO very strongly that he
could not, as all honest man, refrain from
giving this information.
Mr. Brunell was thanked for his attention
and public spirit. There was the strongest
reason for suspecting Jennings; and if, on
searching him, any of the marked guineas
should be found, as the gentleman could
swear to them, there would then remain no
doubt. 1t was now agreed to go softly up
to his room; Jennings was fast asleep; his
pockets were searched, and from one of
them was drawn forth u purse containing
exactly nineteen guineas. Suspicion now
became demonstration, for the gentleman
declared them to be identically those of
which he had been robbed Assistance
was called, Jennings was awakened, drag
ged out of bed, and charged with the rob-
berry. He denied it firmly, but circumstan-
ces were too strong to gain him belief He
itwes secured that night, and the next day
garfield before neighboring Justice of the
Peace The gentleman and Mr.. Brunell
deposed to the facts on oath; and Jen-
nings,. having no proofs, nothing but mere
assertions of innocence to oppose them,
which obtained no credit, was committed
to take his trial at the next assizes