South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1878-04-26
WNp1st the HSnsy.

legal experience. that circumstauial
evidence alone is dangerous theory
upoA which - hose eahf etiorf ip erfmt
nal cases: fhave Ne6x AeveMl CASE
- which the innocent have been gross
4 wronged through this means, a very
usible instance, remember, being in
distance as follows,
9 A pale. scared boy, some fourteen
Years old was brought into the municis
pal court. IN neigiiboring city, one
morning, evidently in great ttibulation.
who was arfaigned upon charge OF
theft in his employers store.
What Is your name? asked the judge,
quietly.
johnny Briggs said the boy, hum
bly,. .EfE 4safsRfs f.sr
Where do you live?'
Downs Nesth End, sir.
Now, Mr.. Clerk, what is the case?'
said the Judge with. some interest. o.,
'Ehe old story, your honor replied
tue clerk, Familiarity. ..Fhieving. He's
stolen pocketbook. and wont give any
account or it, =
Where are the witnesses?
Here. your honor. The loser Of the
money, and the boys late employ.
err!
Has he no counsel-no friend I'm
i haven't seen any, your honor and
he don't look as if he were overburd-
ened in that way replied the clerk sar-
castically.,
Proceed With the evidence?'
The child's employer took the stand
first, and stated The case.
. Ale was a well. dressed man. but had
hard features-a worldly-minded, self
ish appearing person-and thus testif-
ed:
IA stranger came into my store, your
b0nor, and made q purchase. lie paid
me thirty dollars, ordered his goods
sent home, and went ost, .but returned
i'm a short time for his pocketbook,
which he missed directly, aud was cet-
tain he had left 1t on the counter, care
lcssly. This boy. Johnny. yonder. had
been with me but few weeks, and
noticed that he hurried away otit of Sue
shop Immediately. and L did not see him
for three days afterward. There was
nobody in the store ut that time but
Johnny aud L. The money was gone,
and l did not steal it. He has been
able 70. gise me no account of Il, or RAJ
thcr. refused to Go SO. and there can be
no doubt that lac is the thief. I took him
out Of the street, and set him to work
out of CHARITY. and thisfs the return lie
makes me. He was poor yaarant, and
has deceived me-
is that all, sir?'
Yes, 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 lie saw 10 one
in the store bat this boy and his master,
and the lad had disappeared on lis i'm
mediate return to the store, upon dis.
covering his loss. lie was very positive
he had not taken the wallet with him
but remembered just where he left it
upon the counter, near where this John
ny was engaged putting up the goods.
Ho had no shadow Of doubt that he had
phrloined 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 no.
ticed 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 example Of.
Now, my boy, said the Judge, have
you anything to say? You have heard
the testimony Of your former employer
and this person who has lost his money
and the case is very much against you
Doyou wish to say anything, or explain
ehP'
The little fellow was so much alarm.
ed at the srparent severity of his hon.
or, through he was just man. and a
good judge, and did not intend to intm-
idate the culprit at all, as knew from
long acquaintance with his grave but
sterling character the boy was 50 con-
fused that he said,
NO, sir can't
1T 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, shall commit this
boy 70 the House or Correction for one
year
And the judge arose to adjourn the
court,
May il please your honor | said
respectfully, will you allow me, before
this sentence is officially recorded, to
address The court bTieAyY
Certainly, MI. s. replied bis
honor, pleasantly. DO you know anyo
thing Of this case?'
No, your honor. ] haye never seen
any of these parties until this hour.
But the lad does not look like a thief to
my vision, and Inc has no friends to say
a word for him here.
have listened to toe testimony, and
with the utmost Difference to your hon.
or's judgment in the case, respectfully
suggest that the evidence against the
boy, though very plausible and connect
ing, is but circumstantial.'
Very dangerously So suggested tho
court, ctvilly.
admit that, your honor. I said.