The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1884-03-25

ner's attorney and whispered: "My boy,
hose twelve birds can't be caught with
chaff." - 7E.s11 -
The evidence was brief. Samuel Wal.
Lers, the principal witness, testified that
he was a farmer from near Carlinville.
He drove into town, sold his load of
wheat, placed the money in his overcoat
pocket and soon after entered the county
clerks Office, leaving his overcoat and
money in his farm wagon; the prisoner
seized his coat aud ran away with it.
There was $50 in money; the coat was
worth $50. Two Witnesses saw him
seize the coat and run of with it. Sew.
eral others saw him running, and several
more saw him when he was caught with
the coat and money in his possession.
Against all this there was nothing to Of.
fer. Carter endeavored to show that the
coat was really worth less than els,
which, If he succeeded, would bring the
prisoners crime down to petty larceny;
but his effort in this direction was pot
brilliant. Clearly the coat had been
worn, and was worth less than Its origi.
nal cost, bat the desire to convict the
tramp was strong enough to warp the
Judgment of bis witnesses--snd be failed
When the evidence was in the prose-
cutor stood up and briefly explained the
law and the duty OF the jury, which was
to find the prisoner "guilty Of grand
larceny" il they believed the value Of
the coat and monev 10 be S35, and as
sess the penalty In many states the
jury merely dnd the verdict and the judge
declares the penalty. But here the jury
must assess the penalty as q part OF their
verdict, aud in this case il they found
the prisoner guilty, it was In their power
to consign him to prison for any period
from one minute to ten years. Carter,
his attorney, made halting effort in the
prisoners behalf and turned to sit down
Before he did so the prisoner exclaimed {:
"Say, yer didn't tell 'em my name 1t
haint Bill Jones'
Judge Ihrie turned toward the priso-
uer who was standing with the full light
Of the morning sun streaming In through
the windows upon his face and upon his
tatters aud he asked: what is your
namep'
.'Taint nary Bill jones'
THAT will do as we'll as another re-
sponded the Judge, 'if you decline to re.
veal your true name
:. sHey 7 exclaimed the tramp.
Then the Judge turned to the jury and
explained to them the law and their duty.
In conclusion be said that they should
find against William alias .Bilr Jones in
default Of the defendant stating bis true
name; and il they found the coat aud
money to be e35 or over they should
fnd him guilty Of grand larceny, II under
$35 Of petit larceny.
Then the prisoner muttered, MY name
is Bill Hinkley.'
i ask leave to amend, yoor honor, and
insert the defendants name as he now
gives it, exclaimed Prosecutor Alden.
; Certainly, Mr.. Alden,' replied the
Judge.
After writing moment the prosecutor
read: William Hinkley alias Bill Hink-
ley, alias William Jones'
Judge Ihrie then heard the prisoners
name for the 6rst time. Turning bis face
full upon the tatters in the prisoners
box Judge Ihrie asked: 'Wbat did you
aav vonr mama ia p ~
III are Bill Hinkley.'
Bill Hinkley.'
.Yaas! the same!'
Que, two three minutes passed In un-
broken silence Judge Ihrie's eyes were
rivited upon the mans face; he was
deadly pale; ! could see that distinctly
from where sat.
The judge broke the stiffness which
was becoming oppressive by asking:
Did you ever live in New York;
.Yaas.'
How lopg7'
Ono
when you we're youngr
Yeas
sWherep'
In cellar
What streetr
Cherry it wur.'
Did you have brother?
'Yaas.'
What was his name:'
: Jimmy
, sWhat was yoar fathers namer
Jason, it wur; yaas, JASON
When did you see your brother last ?
Dino; s'long I forget
Where was it
sTombs.'
Were you tried there4'
.Yaas.'
Convicted P
sYaas; sent up -
What was il Aboutf
"A ticker setfF
"A wstchp 81 tF
.Yaas; a ticker
'Was your brother with your
Nav, be wasn't sent up
WAS he charged with stealing itp
'Yaas.'
Did he steal It or did your
wat are We giving mef Didn't 'fess.
say, and didn't / stand the quod, say /,
and wat fur 'ud do that II twas little
Jimmy, say? Yer can't git nothin agin
little Jimmy out O. me, no yer can't!
What has become of your brotberp'
sMust ha' starved {; that's wat goes o.
little kids watts got no one to stand up
for EN-
did you try to find him when you
were dischargedr
.Ysas; sarched ev'ry alley and ey'ry
dock in New York.
And you never heard Of him ,sinceY
NAV: he starved, the pore kid did, or
dropped over the docks
The turn the case had taken and the
deep agitation evident In the judges
trembling voice as the catechism pro-
ceeded naturally rivited the attention of
the bar and jury.
: After the prisoners response to his
last question Judge Ihrie walked down
from the bench with the aid of crutch
which be had used since the battle Of
Chickamauga, and stood facing the jury.
A few moments he stood thus in silence.
Then in tones tremulous as leaves sha.
ken by the autumn winds he began to
spoak The memhprs nj tha har uather