Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1872-01-10
.WHO STOLE THE MONEY"
A STORY OF CIRCUMsTANCIAL EvI-
DENCE.

have learned in the course of nay
legal experience, that circumstancial
evidence alone, is dangerous theory
upon which to base conviction in
criminal causes. have known seve-
raj cases in which the innocent have
been grossly wronged through this
means; d very plausible instance, 1
remember, being in substance as fol-
lows:
A pale, scared boy, some fourteen
years old, was brought into the Mu-
nicipal Court, in neighboring city,
one morning, evidently in great trib-
ulation, who was upon a charge of
theft in his employers store.
"What's your namc?" asked the
Judge quietly.
"Johnny Biggs," said the boy hum
bly,.
Where do you livc?''
"Down t North End, SIR"
"Now, Mr.. Clerk, what is this
case!" said the Judge, with some i'll
terest.
"The old story, your Honor" re-
piled the Clerk, rather familiarly.
"Thieving. He's stolen a pocket
book, and won't give any account of
it,"
"Whcre are the witncsses?"
"Ilcre, your Honor. The loser of
the money and the boys late employ
er."
elias he no counsel-no friends in
court z"
81 havn't seen any, your Honor;
and he don't look as it he were over
burdencd in that way" replied the
Clerk sarcastically.
"Proceed with the evidence"
The child's employer took the stand
first, and stated the case. He was
well-dressed man, but had hard fea-
turcs-a worldly-minded, selfish ap-
pearing person-and thus testified:
"a stranger came into my store,
your Honor, to make a purchase. He
paid me thirty dollars, ordered his
goods sent home, and went out; but
returned in short time for his pock-
et-book, which he missed directly,
and was certain he had left it on the
counter carelcssly. This boy, Johnny
,-o,,Jor l,o1 koa,, Ny; ~, ,,,, h,,< n 70 VI,
weeks, and noticed that he hurried
away out of the shop Immediately,
and did not sec him for three days
afterward. There was nobody III the
store at the time but Johnny and me.
The money was gone, and 1 didn't
steal it. He has been able to give no
account of it, or rather refused to do
SO, and there can be 10 doubt he is the
thief. took him out of the street
and set him to work out OF
charity, and this is the return he
makes me. He was poor vagrant,
and has deceived me-"
els that ali?"
eyes, your Honor"
| The owner Of the lost money then
stated that the merchants testimony
was correct. lie had lost seventy
tlollers in the manner described-that
he saw no one in the store but this
boy and his master, and the lad had
disappeared OH his immediate return
to the store, upon discovering his
loss. He was very positive he had
not taken his wallet with him, but re.
membered just where he had left ii
upon the counter, near where this
johnny was engaged putting up the
goods. He had no shadow of doub,
that he had purloined it. aud got
away with itduring his brief absence;
for he had not been seen about his
business for three days afterward by
anybody. and he noticed that the boy
seemed uneasy aud restless during his
stay there. He could not afford to
lose this money, and thought tha,
such young rogues should be made On
example of.
Now, boy" said tho Judge, 'shave
You anything to say7 You have
heard tho testimony of your forme,
employsr, aud this person who In.