The New York herald., 1872-12-23
MISTAKEN IDENTITY.

Probably Innocent Man Sentenced ia
state Prison for Twenty Years-Ths
Robbery OF James Hume ON Thanks.
giving Evcning-Thc Truth Coming 60
Light.
1t will be recollected by the readers OF the HER.
AID that q young man named John Mcmillan
was tried at recent term of the General Sessions,
charged with being one OF party OF three who
Knocked down and robbed Mr.. James Hume, the
wel-known master builder OF 127 Clinton place. on
the eve of Thanksgiving Day, near Washington
Park Mr.. Hume was rendered senseless by blow
from behind and his watch taken from him. He
had seen his assallants however, and recognized
Mcmillan as one of them. A girl of bad character,
who gave Hef name as Louisa Smith, swore upon
the trial that she had seen the whole transaction,
and positively Identified Mcmillan as one Of the
robbers.
On his examination IN the JEFFERSON Market
Police Court
M'MILLIAN PROTESTED HIS INNOCENCE
with fearful earnestness, and charged the girl
smith with perjury IN such manner as to some. e
The testimony on the trial was, however, too direct
for any assumption Of innocence and the jury
found him guilty with the result mentioned. So0u
after certain officers OF the Court learned through
some statements OF members OF the "iiouSton
street gang. . with which Mcmillan was supposed
to be connected, that the real criminals were still at
large and that an innocent man had been convicted.
The names OF the informers are for obvious reasons
that two girls, well known irequenters OF the street
In that vicinity, had witnessed the whole trans.
action, and II they choose could tell all about
IT, The names OF these were obtained alter some
effort, and they were yesterday morning arrested
and brought up before Justice Cox, AZ Jeners0n
Market, In q conversation with him, and in the
presence OF Mr.. Hume they readily admitted tnat
they had witnessed the robbery ana had raised Mr..
Hume's head from the ground after the robbers
WIPED THE BLOOD FROM HIS FACE.
On the approach OF the officers they ran away, iear
i,r 10 h.a 1ta1-
real criminals well, but did not know their names.
Their statements were such as to convince Mr.
they were telling much less than they really knew.
Justice Cox, who from long experience can Judge
being 't told, saw that they were concealing
something, and urged tnem 10 make q
thav ta did not Know the names Of the robbers but
volunteered a description OF them. They were
separately taken 10 the cells below to see II any OF
the alleged robbers were there. On their return
they stated positively that the robbers were not
among the prisoners SHOWN them.
They were left in temporary charge OF the officer,
while new phase of the affair came up In the
court room. Mr.. Isaac Black, Of Chatham street.
was arraigned, charged with
RECEIVING STOLEN GOODS,
in having purchased the watch stolen from Mr..
Hume. The complainant was Charles Woodruff.
in the robbery. He stated that lie had accompanied
a friend. whose name he did not know, to Mr.
Blacks place where his riend soa se shs watch or
man, gave bail in the sum OF $1,000
to answer the charge. Meanwhile the "friend"
OF one o the girls mentioned, who was seated in
the audience was arrested, by order OF the JUSTICE
and the three were informed that they would be
locked up as witnesses. This caused an immediate
futter among them, and alter hurried consulta-
tion they concluded to tell all the truth, which
they accordingly did, and the guilty parties are,
no doubt ere this arrested. Their story fully
exculpates Mcmillan, and both Justice Cox and Mr..
Hume are convinced OF his innocence. or course.
with the arrest and conviction Of the real cuprits
immediate steps will be taken for his release.
Only such portions oil this curious case as the ends
OF justice Will permit have been told, but 1t well
excmplI6es the great care necessary In questions oil
ldsatlV taat tRe innocent d9 gQt syaers