The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1873-09-26
mi i S G elan ecu s..
WHO STOLE THE MONEY

l have learned in the course of my legal
experience, that circumstantial evidence
alone is dangerous theory upon which to
base conviction in criminal causes. have
known several cases in which the innocent
have been grossly wronged through this
means; very plausible instance, rcmem-
Der, being in substance as follows:
A pale, scared boy, some fourteen years
old, was brought into the Municipal Court
in neighboring city, one morning, evil
IDENTIFY in great tribulation, who was ar
raigned upon a charge of theft in his en-
ployer's store.
whats your ?" asked the Judge
quietly.
Johnny Briggs" said the boy humbly.
"Wherc do you live2"
I "Down't North End SIR"
"Now, Mr.. Clerk, what is this case 2" ask
ed the Judge, with some interest
"The old story, your Honor" answered
the Clerk, rather familiarity! "Thieving.
He's stolen a pocket-book, and won't give
any account of it."
"Where are the witnesses ?"
"Here, your Honor. The loser of the
money, and the boys late employer
HAS he no counsel-no friends here 2"
~ have not seen any, your Honor; and
he don't look as if he were overburdened 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 a well dressed
man, but had hard features was world
ly minded, selfsh-appearing person-and
IA stranger came INTO my store, your
Honor, to make a purchase. He paid me
thirty dollars, ordered his goods to be sent
home, and went out; but he returned in
short time for his pockctbook which he
missed directly, and was certain that he
had carelessly left it on the counter. This
boy, Johnny yonder, had been with me but
few weeks and noticed that he hur-
red away out of the shop Immediately, and
I did not see him for three days after
There was nobody in the store at the time
but Johnny and me. The pocket book was
gone, and didn't steal it. He has been
able to give no account of tor rather re-
fused to do so-and there can not be any
doubt that he is the thief l 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 he has
deceived me-"
SIS that all, sir2
"Yes, your Honor"
The owner of the lost money then stated
that the merchants testimony was correct;
he had lost seventy dollars in the manner
described that he saw no one in the store
but this boy and his master, and the lad
had disappeared onhis immediate return
to the store, upon discovering his loss He
was very positive that he had not taken his
wallet with him, but he remembered where
he had left it on the counter, near where
Johnny was engaged in putting up the
goods. He had no shadow of doubt that
he purloned it, and got away with it du-
ring his brief absence; for he had not been
seen about his business for three days after
ward by anybody, and he noticed that the
boy seemed uneasy and restless during his
stay there. He could not afford to lose the
money, and thought that such young rogucs
should be made an example of.
"Now, boy" said the Judge, have you
anything to say2 You have heard the tes-
timony of your former employer, and this
person who lost his money, and the case is
very much against you. Do you wish to
say anything, or to explain -eh Z"
The little fellow was so much alarmed at
the apparent severity of his Honor, though
he was just man and good Judge, and did
not intend to intimidate the culprit at all
as knew from long acquaintance with
his grave but sterling characteristic boy
was SO confused that he said:
mo, sir-I can't"
"It is CASE" said his Honor, "ot a kind
that is getting lamentably common among
us, and we must do our duty. in the cndeav-
or to check the growth of this evil. Mr..
Clerk, l shall commit this boy to the House
Of Correction for year."
The Judge rose to adjourn the court.
MAY it please your Honor" I said, res
pectfully, "will you allow me, before this
sentence is officially recorded, to address
the Court briehy9"
"Certainly Mr.. S." said his Honor,
pleasantly. "Do you know anything OF
this case2"
mo, your Honor. l have never seen any
of these parties until this hour. But this
lad does not look like thief, to my vision
and he has no friend to say word for him
here. | have listened to the testimony; and
with the utmost Difference to your Honor'i
judgment in the case, | respectfully sugges
that the evidence against this boy, though
very plausible and connected, is but cir
cumstantial."
"Very damagingly sop suggested thu
Court, civilly.
81 admit that, your Honor" 1 answered
frankly. "And, though it is hardly within
the ordinary rule of Courts, at this lat
stage of the business, pray the Court t.
allow me, on this trembling boys behalf
to ask the last witness in this case few
> brief questions"
"Certainly there is no objection, SIR"
And had the loser of the money on til
e stand again directly.
n "You say you missed your pocket book
after leaving the store, sir 2" inquired