Huntington independent. [volume] (Huntington, W. Va.) 1871-1874, 1873-10-09
WHO STOLE THE MONEY.


my legal experience, that circumstan
tial evidence alone is dangerous
theory upon which 10 base convic
tion in criminal causes. | have known
several cases in which the innocen
have been grossly wrOnged through
this means; very plausible instance
| remember, being in substance as
| follows:
\ pale, scared boy, some fourteen
wears old, was brought into the Mu,
nicipal Court, in q neighboring city,
ono morning, evidently in great
circulation, who was arraigned upon
charge of theft in his employers
store.
What's your name?7 asked the
Judge quietly.
"Johnny Briggs" said the 90 y
hunbly.
Where do you live?"
"Down'l North Eud ST.
Now, Nr. Clerk, what is this case?
asked the Judge, with some interest.
The old story, your Honor" an
swered the Clerk, rather famlliary!
''Thieving. He's stolen a pock ct
book, aud won't give any account OF
it"
"Where are the witnesses|
"Here, your Honor. The loser OF
the money, aud the boys late employ
err
Has he no couuscl-no friends
here"
IL have not seen any, your Honor;
and he don't look as if he were over
buTdened in that way" replied the
clerk, sarcastically.
| proceed with the evidence
The child's employer took the
stand first, and stated the case. lie
was a well dressed man, but had hard
features-was a worldly minded sell
| disappearing lerson-ahd thus
testified:
"a stranger came into my store,
vour Honor, TO make purchase.
! tic pald me thirty dollars, ordered
Ibis goods to be sent home, and went
out: tut he returned 10 a short time
| for his poeket-b book, which he missed
directly, and was certain that he had
carelessly left it on the counter. This
boy. Johnny yOuder, had noeu with
| me but a few weeks; aud | noticed
I that he hurried away oct Of the shop
Immediately, and | did not see him
for three days after.-There was no
BODY in the store at the time but
Iohnuy and me. The pocket ock
vas gone, and | didn't steal it. He
has been able to give 70 aceovnt of II
or rather refused to DO so-and
There can not be any doubt that hs
/ is the thief. took him out of the
street, and set him to work, out of
charity: aud this is the return he
makes NE. lie was a poor vagrant,
aud he has deceived NE. ~
as that all, sjr?'
"Yes. your Honor
The owner of the lost money then
stated that the merchants testi mony
was correct; he had lost seventy dol
lars in the manner described; that
he saw no one in the store but this
how and his master, aud rhe lad had
disappeared on his immediate return
10 tie store, upon discovering bis
loss. He was very positive that be
had not taken his wallet with him,
. but he remembered where he had left
il on the coupter, near where John
nv was engaged in putting up the
goods. lie had 90 shadow of doubt
.tha, he prrloincd it, and got away
with it during his brief absence; fol
he had not been seen about his busl
pess for three days afterwards by any
body and be noticed that the boy
seemed uneasy and restless during
his stay there. lie could not atorC
to lose the money, aud thought that
such young rogues should be made
an example Of.
Now, boy said the Judge, have
you anything to say? You have
ILaard the testimony of your iOrmeI
employer, and this person who los
his money, and the ease is very muel
against you. Do YOU wish to sa.
anything, or to explain-eh?'
The little fellow was so mueI
alarmed at the apparent severity o
his Honor. though he was Just mai
and a coed Judge, aud did NOT in
tend TO iutimidate the culprit at all
as knew from long acquainIanc
with his grave but sterling cbNracte
the boy was so confused that b
said
No. sir-I can't"
"Itis a case" said his Honor, 80
kind that is getting lamentabt
common among Us, aud we mus. d.
cur duty, in the epdeavOr to ehee
the growth of this evil. Mr.. Clerk,
shall commit this boy TO the Hous
Of Correction for year
The Judge rose to adjourn tn
court.
MAY it please your Honor"
said, respectfully, will you allow nj
before this sentence is officially re
corded, to address the Court briefly
nCertainlY NJ. s." said hi