The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-25

me went to the superintendent and told her that
lady had stolen some candy and requested her TO see
70 the matter Mr. Field now put tins witness
through most severe crosse ANIMATION, elfcting
from her the position and length OF the counter, the
time the transaction occupied the distance OF the
counters from each other, and numerous other de.
Mr.. Fields 1t true that you receive recon-
pense II any one Is convicted through your vigil
Witness-No, sir; such occurrences as arrests are
frequent, perhaps 0ut not IN my presence; do net
get any Increase OF salary for such tnngs; my salary
Ii seven dollars week.
Mr.. Fleld-How do you know Mrs. Phelps took
winess-Because saw it up at the end of the
counter first and then Immediately afterwards
missed 1t; did net see Ia what part OF ner person
SON. alter accused her Of taking i che said, There
ID some mistake about this, my child"
she was superintendent for Mr.. Macy she said
that on Tuesday last she was In her Office In the
building when messenger from Miss Grotty IN
formed her that q lady had taken something:
presently Miss Grotty came down with Mrs. Phelps
and told the detective, or shopwalker Of what had
mistake somewhere and desired to see Mr. Macy
The witness tsld her that Mr.. Macy would not be In
until ai'er SIX O'Clock In the evening. She SAID
MRS PHELPS WAS VERY INDIGNANT,
ana Told her who she was and where she lived; on
consulting The directory she found that this in.
formation was correct. Witness suggested to send
for some one. and Mrs. Phelps mentioned several
names, but afterwards said she would prefer 10 go
before police justice, which she did. In cross-ex-
many ladies were sent to the police station
on charges OF theft and that 1t was the
any one found stealing goods; she had certain In
terest In the business was not partner, but had 4
commission from the firm. She would not swear
the carriages were not three deep outside the store
On the whole considering The extent Q; the exams
hall an hour, Mrs. Laforge maintained her sellpos-
session and made but few mistakes,
MRS. PHELPS TESTIMONY.
Mr, aln pnVtn M ufon al
gave her evidence with GOODNESS and determination.
went out she said, on the day mentioned. with
ee or o. lew pieces o. box
this purpose visited Mr.. Wilson, lorist In Fonr.
teenth street. After seeing several sorts took few
ing there passed near Mays and Wishing sa as 70
purchase little toy for one OF my grandchlldren l
IN SEEING ns Sang whom
witness Grotty) ana seeing some pretty little boxes,
filled with bonbons asked her the price, and sne
paper In which the sprtgs OF box were packed and,
seeing piece OF nice White paper on the door
stopped to pick 1t up, and rewrappcd the evergreen
in IT, Holding my nun in one hand, and trying to
hold this parcel also, took out my pocEetbook TO
pay her Tor the bonbons, when this package
dropped; and before knew anything about the
matter In question she
ACCUSED ME or STEALING
package OF candy. was very indignant, and
asked for Mr.. Macy. She took TO an Office aud
tod another person that she had seen take II or
the counter. After this Mrs. Phelps stated that for
surprise that she could not remember 10 whom TO
send for the moment she was told that il She did
not send for some one she would have 10 accompany
officer to Jefferson Market and that II there bail
was not forthcoming
SHE WOULD BE LOCKED UP.
Judge-Mrs. Phelps, did you take the candy2
Mrs. Pheps-If am IN my right senses never saw
1t nor touched it, have no doubt that THIS wllness
Groty believes what she has said, but it was doubt
less owing to the falling OF the package OF sprlgs
that the whole mistake had arisen.
Judge Downing said that rom the evidence adj
duced before him there was no doubt that the mat
ter was mistake, but that III The disposition he
was about TO make Of the case he wished 10 to be
clearly understood that II ought in way reject
upon the character OF the Witnesses. 1t was case
III which the principal witness believed IN her mis-
take, and as her reputation was her capital ne
would rather, II there should be loss that 1t Tell
upon Mrs. Phelps, who could afford t better than
the Others In his opinion the witnesses, though
Mistaken believed they were IN the right; but IRON
the evidence taken coupling 1t with the high cna-
racer OF Mrs. Phelps her charitable and benev.
oent tendencies-and character always spoke in
favor OF person in cOurt--the only conclusion he
could arrive AZ was full dismissal or the CASE
Mrs. Phelps, who was spendidly attred IN a deep
velvet costume and wearing heavy furs, then left
the court, accompanied by her friends.