The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-07-04

II
on the oath of the entire stock of iewelry
and some neck wear and other goods.
Actual loss not fully known. Entrance
was effected by forcing the front door
open, which was detected about midnight
by Thos. Fleming, M. Birdsall and Mr..
Call, our efficient night police, whose
timely discovery saved the store from be-
ing a total wreck, as the door could not
be closed until Mr.. Whitley was notified
and the bolt reversed with the KEY.
Burglar MISUNDERSTANDING Recovered.
The burglar who entered Whitley &
Henson's store, on the night of June "a,
and stole lot of clothing and about 800
worth of cheap jewelry, was arrested
the following night, and turns out TO be a
young man named who
recently came here from Wichita and
with partner, professed to be engaged
in repainting signs, and went around to
get work in that line. His partner was
also arrested on the 9th on suspicion
of being an accOmplice, and the officers
believe both belong to quite gang of
thieves that now loaf around at the vari-
GUS saloons during the day and commit
thefts at night. The partner was dis
charged for lack of proof
The fellow was caught by making good
use of an accidental discovery of the sto-
len clothing. On the 25th Chas. Hall
berg saw what looked like a drunken
man lying snuglY under the hedge around
his fathers nursery, but which on in
spection, proved to be a bundle of new
clothing, wrapped up IN old goods He
took 1t to the house, and Messrs, Whitley
& Henson being absent on the excursion
to Eureka, Mr.. PaYton, one of their clerks,
examined and identified the clothing as
that which had been taken from the
store, though the thief had removed the
price marks. A bundle of old clothing
was substituted for the one found, and
Mr.. Cox was employed to watch during
the night and arrest whoever came for
the bundle. Sure enough, after several
hours of patient watching, Mr.. Cox saw
man suddenly take the bundle, and
drawing his revolver he at once arrested
the stranger and marched him to the Jail,
where his identity, as above described,
was soon established. He denied the
robbery, and denied knowing the where
abOuts of the jewelry, but was not able
to explain why he came to get the stolen
clothing.
The Wrong Bull by the Horns.
The examination of Watts, accused of
burglarizing Whitley & Hensons store
June Oath, placed matters in an entirely
new light Tuesday morning. The accused
young man conducted his own defense
and in a manner that would do credit
to any of our practicing lawyers. He
clearly showed that the entire testimony
of the prosecution excepting that of one
Cox, sustained no proof against him, as
implicated in the crime, but only estab-
lished the fact of the theft being COM
mitted and the finding of the goods. He
relied upon his own testimony as suffi-
ciently rebutting that of Cox and left it
with the court to say whether he was
not as credible witness in every re-
spect as the said Cox.
In summing up his case after receiv-
ing the testimony he showed that by the
testimony of Mr.. Garlick and Mr.. Gard
ner he had established. good "Alibi''
which was the strongest part of his de.
Tense. He had proven that he went to
bed at 10 O'Clock, on the night of the
burglary and that from the peculiar sit
uatiOn of the room in which he slept, il
would have been impossible for him
to have left the house without disturbing
the occupants in an adjoining apart
ment through which he would have to
pass, or going out through the only win.
dow the room contained, thence, to q
porch and down the pillars to the
ground, this mode Of egress he contend
ed would have been made evident in
some way, had it been adopted, as the
posts were covered with vines, ETC., but
nothing had been found disturbed OIL
awry in any way. After a very credit
able argument he rested his case and in
less than five minutes Judge Fletcher
discharged him, public sentiment seems
to be divided on the issue of the case
but the accused is at least entitled to the
benefit of the doubt" and stands cleared
by the decision of the justice.