Daily Republican., 1883-05-10
EDITION,
County Court.

Court re-CODVeneu tnls iuotHihe nv ~
o'clock, with Chief Justice Comegys and
Associate Justices Wootten and John
Houston on the bench. The trial Of
Ella Brister, colored, for the larceny Of
c cothiug from Catharine McGrenna, was
resumed, and Mr.. Bacon concluded
his argument for the defense.
Mr.. Davis closed for the State, and
after a brief charge by the Chief JUS
tice, the case was submitted to the jury.
and they retired,
After an absence of ten minutes they
returned with verdict Of guilty. i
Patrick Lynch was arraigned ana
pleaded not guilty to an indictment
charging him with the larceny OF e4.oo,
the property Of Sarah Z. Brown. 4
A jury was drawn and the trial pro-
ceeded with. l.. G. Vandegrift, ESD,
prosecuted the case for the State, and
Charles b. Lore and Harry Enmons,
Esqs., for the defense. , i
Sarah 4. Brown sworn, ana testiheo
that on the 10th of last February she
went into Walkers shoe store on Ihlrd
street, between Market and King
bought pair of shoes from Mr.. Bur
nett. the salesman, and gave him 80
note. He gave her IS 80 change, that
she placed in pocket-book ana lala
in her basket, which was standing on "a
box near the door; saw the prisoner
pass the basket, and immediately after
missed the pocket-book; followed him
ont on the street and accused him OF
taking the money; he had pair OF
boots in his hand, which he threw down
and denied taking it. lie used very
profane language, and was remon-
strated with by a gentleman, who
wanted him to return to the store and
submit to be searched. This the prisoner
refused to do, and went Oft down Mar
ket street, where he was afterwards
arrested by all officer, The witness d"i
not recover her money
The cross-examinatlon was conducted
by Mr.. Emmons, and the witness said
that Lynch told her to search him, and
she replied that it was not her place to
do so. He also offered to bring persons
to prove that he was an honest man.
The witness was also subjected to
a searching and exhaustive cross
examination by Mr.. Lore, with view
of showing that she was not certain
that she had placed the pocket-book in
the basket, but did not vary in any
material point from her direct te1ti-
mony.
John Burnett testified that he is en-
plOyed as a salesman in Mr.. Walker =
store. He remembered the day Miss
Brown was there she purchased pair
of shoes from him for Sl5o, and gave
him a s. bill. After handling her IS. 80
change, he went to the back part of the
store to put away some shoes. Saw the
prisoner in the store at the time Miss
Brown was there, but knew nothing
labout his taking the pocket-bOOk.
| Alfred ID. Nimrock testified that on
the day the pocket-bOok was taken, he
was in store on Third street, near
Market heard some loud talking on the
pavement, and upon going to the door
saw Miss Brown and the prisoner. She
accused him OF taking her pocket-book
which he Indignantly denied, and offer
ed to allow either Miss Brown or the
witness to search him, but refused to 20
back to the store for that purpose.
The witness followed Lynch down
Market street, and pointed nlin uut Il
officer Osborne who arrested him. John
7. Walker, proprietor of the store, les
titled to the fact of the parties being IL
his store that morning. At the tim,
Lynch and Miss Bronn were il, ther,
was no one else present but himself and
one clerk After Miss Brown misseo
her money, search was made Ill the
store, but it could not be found.
Officer Osborne testified To seeing a
= large crowd Oh the 10Th OF February
on the corner Of Front and Market
streets, and was told that IL man had
stolen Il pocket-book. Went to a stab,
on Front street, near NJ irket, and had
) Lynch pointed ont as the man. Mr.
, Wingate was standing alongside Of him,
and seemed to have him in custody,
The witness took him in charge and
proceeded to the hall on the way h,
was very abusive and used prufane and
vulgar language. When the prisoner
was searched there was Sll21 found o,
him. The State closed with this Wit,
ness, and Mr.. Emmons opened for the
defense.
He said that in case like this,
where no positive testimony could be
produced for the defense, they would
have to rely on evidence showing good
character, and that the accused was Il
man who would not be guilty Of such
a crime.
George W. Taylor testified that he
had known Lynch since he was il boy,
and always found him honest and up
right in all his dealings. He had been
employed when but boy by the wit
ness, and he always trusted him as hc
,y,n III tf biy IlT,i u HI, a :
very much shocked when he learned
Of this charge against hin.
A number Of other witnesses were
examined, some Of whom had known
the accused for sixteen years, and they
all agreed in saying that his character
for honesty was above rcpruach. The
defense announced that they would rest
the cast, and Mr.. Nandclriit made a
!, short address to the jury, and was
followed by Mr. Lore for the defense.
He contcndcd that it had net been
1 shown 1hatLynch took the pocket book,
and said that no man in his right s.n-
y ses would put his hand in Il person /,
basket right before their eyes, and steal
Il pcckcI-b book or anything etSr
No evidence had been produced to
show that he took the pOCkrt-boOk,
neither had the money in his possession
been identified as that belonging to
Miss Brown. No man except con-
: tirmcd thief world commit a robbery
under such circumstances, and for this
man TO he guilty Of this oiirn5c he must
, have fallen in one moment from being
an honest man, above reproach, to the
: level Of II common thief, and that wa,
| 4 4
Luciicr. He concluded by urging til,
, Jury TO take into consideration the evil
| dence of good character that had been
d. shown, and render verdict Of no,
. guilty.
: Mr.. Vandcgrift made an eloquent
argument Tor the prosecution, and con
g tended that, rs it had been shown,
at The time e"l the robbery the, prisoner
- was under the influence Of liquor, and
when he was arrested used very protan'