Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-07-06
The Sturp Teller.
WHO STOLE THE MONEY {?

WHO STOLE THE MONEY
I have learned, in the course of my legal
experience, that circumstantial evidence alone
is dangerous theory upon which to base con.
viction in criminal cases. have known sew
eral cases in which the innocent have been
grossly wronged through this means, a very
plausible instance, I remember, being in sub.
stance as follows
A pale, scared boy, fourteen years old, was
brought into the Municipal Court, in neigh
boring city, one morning, evidently in great
tribulation, who was arraigned upon charge
of stealing in his employers store.
"What is your name?" asked the judge,
quietly.
Johnny Biggs," said the boy, humbly.
"Where do you live p
"Down't North End, sir"
"Now, Mr.. Clerk, what is this case ?" said
the Judge, with some interest.
"fhe old story, your honor" replied the
clerk, familiarly. "Thieving. Hes stolen q
pocket-book, and won't give any account of
it."
"Where are the witnesses?"
"Here, your honor. The loser Of the mon
ey, and the boys late employer"
"Has he no counsel-no friend in court p
"I haven't 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 we'll dressed man, but had hard
features-a worldly minded, selfsh-appearing
person-and thus testified
"A stranger came into my store, your hon.
or, to make purchase. He paid me thirty
dollars, ordered his goods sent home, and
went out, but returned in a short time for his
pocket book, which he missed directly, and
was certain he had left it on the counter care
lesely. This boy, Johnny, yonder, had been
with me but few weeks, and I noticed that
he hurried away out of the shop immediate
ly, and did not see him for three days after
wards. There was nobody in the store at the
time but Johnny and me. The money was
gana, and didn't steal it He has been able
to give no account Of it, or, rather, refused to
do 80, and there can be no doubt that 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 va.
grant, and has deceived me-"
"Is that all, sir?"
"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
but this boy and bis master, and the lad had
disappeared on his immediate return to the
store, upon discovering his loss. He was very
positive be had not taken his wallet with him,
but remembered just where he had left it
upon the counter, near where this Johnny
was engaged putting up the goods. He had
no shadow of doubt that he bad purloined it
and got away with it auring bis brief alb.
sence, for he had not been seen about his bus
mess for three days afterwards by anybody,
and he noticed that the boy seemed uneasy
and restless during his stay there. He could
not afford to lose this money, and thought
such young rogues should be made an exam
pie of.
"Now my boy" said the judge, "have you
anything to say? You have heard the tes-
timony of your former employer, and this
man who lost his money, and the case is very
much against you. Do you wish to say any
thing, or to explain, ehs"
The little fellow was 90 much alarmed at
the apparent severity Of his honor, though he
was just man and good judge, and did
not intend to iDtimidate the culprit at all, as
I knew from long acquaintance with bis
grave but sterling characteristic boy was so
confused that he said
mo, sir, I can't"
ut is kind of case," said his honor, "that
is getting lamentably common among us, and
we must do our duty, in the endeavor to check
the growth of this evil. Mr.. Clerk, I shall
sentence this boy to the House Of Correction
for year"
And the judge arose to adjourn his court.
MAY it please your honor" said respect
fully, "will you allow me, before this sentence
is officially recorded, to address the court
brieAy?"
"Certainly, Mr.. s., replied his honor,
pleasantly. "Do you know anything of this
casew
"No, your honor. have never seen any
of these parties until this hour. But this lad
doesn't look like thief, to my vision, and be
has no friend to say word for him here. I
have listened to the testimony, and, with the
utmost Difference to your honors judgment in
the case, I respectfully suggest that the evi.
dence against the boy, though very plausible
and connected, is but circumstantial,"
"Yer, dangerously 80, "suggeated the Court,
civilly,
II admit that, your honor" said, frankly.
"And though it is hardly within the ordinary
rule of courts, at this late stage of the busi
ness, pray the court to allow me, on this
trembling, frightened boys behalf, to ask the
last witness in this case few brief questions"
"Certainly; there is no objection, sir"
And I had the loser of the money upon the
stand again directly.
"You say you missed your pocket-book
after leaving the store, sir p I inquired.
eyes, sir-with seventy dollars in it."
"You are sure you didn't take it out when
you went2"
"No, sir, I did not"
"You might have done So"
"But didn't, sir"
"You couldn't have dropped it, then, in
your hurry, as you went"
near where this boy waa putting up goods,
and I've no question that be took it."
"You came back, how soonP y
"Within Eve minutes or 50" ..
"And the boy was gone"
ayes, sir, and the pocket-book," added the
witness, sharply. 's
"That's all, sir" I remarked.
And the gentleman sat down. ! had not
made much progress as yet, but I next asked
e.