Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1884-01-30

dark, L consented, ana when inside
the bank Mr.. Westman laid he wante,
to examine Johns cash, We made
careful count and compared the mono,
with the book, and found the cash wa
an even s., 900 short. We said nothin!
about il until Monday morning whci
we met John at the bank. Mr. West
man then asked him if he had balance,
his cash on Saturday His face wa
slightly flushed, and he said that he haC
balanced the cash-book, but that hi
cash was short, and he did not stop Il
see what the trouble was. He said |
was short 50, 900 rs he supposed, but h,
expected careful examination on Mon
day would show where the mistak,
was. Then followed an examination
and reorganization, and still another
trial at finding the lost money. All at
tempts were fruitless, and an expert
was employed. The expert corrobo
rated the other trials, and reported tC
the board that there could be no doubt
about il that John Earnest was posi-
lively short in his cash TO the amount
of $4,000. The matter was placed in
the hands of detectives, and John was
arrested. IL was discovered that soor
after. the money was missed John paid
of mortgage on his mothers house,
and that fact gave the detectives-aS
they thought-a direct clcw to his guilt
When John was arrested his bondsmeI
came forward and offered TO make good
the loss, but John positively declined
and refused TO allow that to be done.
He declared his innocence, and said he
could prove where the money came from
to pay of the mortgage. He would
rather suffer imprisonment and trial
than TO have his bondsmen pay for what
he had not stolen, and thereby be con
sidered thief. He demanded trial
This is probably his last day in court
and see no chance whatever for the
poor boy to escape the full penalty Of
the law. | admit being greatly in doubt
about his guilt, and il will be terrible
blow upon me 10 see John Earnest taken
| To prison. 1t would be almost as hard
as to see my own child taken there. "
And with these words the old gentleman
tremblngly shook his white locks and
wiped his moistened eyes.
We were now at the courthouse steps,
and we slowly assembled to the commo-
dious courtroom. An immense throng
had gathered around the building, and
when we entered the courtroom we
found it completely packed, and the
doors guarded to prevent further ingress
of the crowd. My companion passed
me in, and led the way down the aisle to
seat in the space reserved for counsel
and Witnesses. A few minutes later
the prisoner came in under escort of a
deputy sheriff. The face was natural,
and was the one had expected to see
at the counter where went to get my
check cashed. The prisoner looked
pale, however, from the severe trouble
he had evidently been passing through
But his clear skin, soft, glossy dark hair,
bright eyes, and face beaming with in
tellgencc and good nature, all helped
to inspire his friends with confidence in
his innocence. 1t was a picture for an
artist rs every eye was turned toward
the smooth-faced young prisoner. The
old gentleman leaned over to me, and
in whisper said, as the tears came TO
his eyes: isn't it a sorrowful picture?
Isn't he the type of q noble man? And
my poor daughtcr-she was deeply in
love with him. | wouldn't have it
ndpptn lOI ntlI L Ill WORTH.
Before / could ask any question,
though | was now more Thoroughly than
before awakened in the case, the Judge
took his seat, the jury were escorted to
their box, and the court was called TO
order. just then n small boy came tip
tocing through the crowd, and beck
oned to the deputy sheriff. l heard him
say: Here's message for Mr.. Ear
nest"
The telegram was placed in the pris-
oner's hands. He nervously opened the
wrapper, read it, and passed it to his
counsel. The attorney for the State
had just arisen, and and asked to recall
the expert who had examined the books.
The request was granted A series of
what seemed To- me quite unimportant
questions were asked and answered.
The witness was excused, and, Just as
the State Attorney was about to arise,
the counsel for the prisoner sprang to
his feet and addressed the court
MAY it please yonr honor, / hold in
my hand material testimony in this case.
1t is telegram from an important wit
ness, who will be here tomorrow TO tes-
tify in the prisoners behalf. l desire
to ask your Honor for n stay of pro-
ceedings until the witness arrives. If
there be no objection / shall be thank
full for the privilege Of reading the tel.
egram."
The Judge informed the attorney
that he could first show the pa
per to the attorney for the State, and
If he did not object it could then be
read. This was done; consent was
given, and the telegram, dated at st.
Louis, was read, as follows:
John Earnest. Linton: Delayed by accident
viii be there tomorrow to prove your inno
cence. and corroboratc your statement of my
bequcst Take courage, all shall be well.
PETER PORTER.
After the telegram had been read the
State Attorney arose, and addressed the
court:
II see no reason, your Honor, why
this trial should be delayed upon the
strength of this telegram. There is no
evidence to show that it is genuine, and
if that point be admitted there is no
evidence to show that the testimony to
be thus secured will establish the inno-
cence of the prisoner. Even though it
be proven that the author of the tele-
RIdm 10 tllc uIClc VI tuc pIloOutIy dS 10
alleged, and that he will be able to sat
isfactorily prove how the prisoner came
with the money to pay off the mort
gage, that will remove only one of the
strong circumstances which go to prove
his guilt. There are other circum-
stances, as your Honor is aware, upon
which he may be convicted. / trust,
your Honor, that this shall not be
deemed of sufficient importance to grant
o postponement of this case"
The able counsel for the prisoner
then followed with an eloquent agument
in favor of postponement. While he
was talking q beautiful young lady en-
tered the courtroom. She was at once
the observed of all observers, and an
almost deathlike silence stole over the
immense audience rs she carefully,
though evidently under great excitement,
followed an officer of the court until
they reached the railing within which
sat the counsel and witnesses.
A. tb.. laI xrfc