The weekly herald. [volume] (Cleveland, Tenn.) 1876-1888, 1878-04-18
Who Stole the Money

have learned, in the course of my
legal experience, that circumstantlal
evidence alone is dangerous theory
upon which to base conviction in criml-
nal cases. have known several cases
i'm which the innocent have been gross
ly wronged through this means, very
plausible instance, | remember, being
in substance as follows:
A pale, scared boy, some fourteen
years old, was broughtinto the munici-
pal court, in a neighboring city, one
morning, evidently in great tribulation,
who was arraigned upon charge of
theft in his employers store.
"What is your name?" asked the
judge, quietly.
johnny Briggs, said the boy, hum
bly,.
,'Where do you live?"
"Down't North End, sir"
"Now, Mr.. Clerk, what is the case?"
said the judge, with some interest.
"The old story, your honor" replied
the clerk, Familiarity. "Thieving. He's
stolen pocketbook, 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 friend in
courtY"
81 haven't seen any, your honor; and
he don't look as if he were overburd-
ened in that way" replied the clerk,
sarcastically.
Proceed with the eyidence?"
The child's employer took the stand
first, and stated the case.
He was well-dressed man, but had
hard features-a worldly-minded, self
ish appearing person-and thus testi-
fled:
"A stranger came into my store, your
honor, and made purchase. He paid
Inc thirty dollars, ordered his goods
sent home, and went out, but returned
in short time for his pocketbook,
which he missed directly, and was GER
tain he had left it on the counter, care
lessly. This boy, Johnny, yonder, had
been with me but few weeks, and |
noticed that he hurried away out of the
shop Immediately, and | did not see him
for three days afterward. There was
nobody in the store at that time but
johnny and /. The money was gone,
and did not steal it. He has been able
to give me no account of it,Npr rather,
refused to do so, 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 vagrant, and
has deceived me-"
SIS that all, sir2"
eyes, your honor"
The owner of the money then stated
that the merchants testimony was cor
rect. 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 on his inn
mediate return to the store, upon dis
covering his loss. He was very positive
he had not taken the wallet with him,
but remembered just where he left it
upon the counter, near where this
johnny was engaged putting up the
goods. He had no shadow of doubt
that he had purloined it and got away
with it during his brief absence, for he
had not been seen about his business
for three days afterwards by anybody,
and he noticed that the boy seemed un-
easy and restless during his stay there
He could not afford to lose this money,
and thought such young rogues should
be made on example of.
''Now, my boy" said the judge,
"'have you anything to say? You have
heard the testimony ofyour former en-
ployer, and this person who has lost his
money, and the case is very much
against you. DO you wish to say any
thing, or explain, ehy"
The little fellow was so much
alarmed at the apparent severity of his
honor, though he wa3 q just man, and
good Judge, and did not intend to in
timidate the culprit at all, as | knew
from a long acquaintance with his grave
but sterling characteristic boy was SC
confused that he said:
"No, sir; can't"
at is a kind of case" said his honor
that is getting lamcntably common
among as, and we must do our duty II
the endeavor to check the growth OF
this evil. Mr.. Clerk, shall commit
this boy to the House of Correction ioi
one year"
And the judge arose to adjourn the
court
"May 1t please your honor" | said
respectfully, twill you allow me, be-
fore this sentence II officially recorded
to address the court brienyp"
"Ccrtainly, Mr.. S." replied his
honor, pleasantly. "Do you know
anything of this casep"
"No, your honor. have never seer
any Of these parties until this hour