Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-08-05
THE cAsE DISMISSED.
MISS ButIer Discharged by Justice
Crutc hno.d.


Yesterday morning when the case OF Miss
Caledonia Butler was reached IL was, on mo-
ton OF counsel and by consent 81 Justice
Cruichfeld, laid over until O'Clock.
Judge witt, OF counsel for the accused,
remained In the courtroom during the
interim, anil his associate, Mr.. ). Taylor
Evans, returned about 1890 O'Clock. Shortly
before O'Clock Miss Batter arrived and
STAYED In the private Office Of the Justice
until the case was called. She was accom-
panied by her brother, sister. brothers wife,
aud numerous friends. Before the case was
taken up quite an assemblagc, including
witnesses, had gathered in the court
About three minutes after the appointed
hour the Justice assembled the bench and
Clerk Edgar White raped the court to or
der and called the case. A short postpone
ment was had to await the arrival ~ Major
Robert stiles. counsel for Messrs. Cohen
Brothers, but he soon came IN, and all things
we're ready.
DISMISSAL ASKED EOR.
Mr.. Evans opened the case IN a brief adj
dress TO the Court. Tie said that while the
defence had asked for several contiuuances
they bad all been for good reasons. He had
all the while felt sanguine that his client
would be tbe upon an examination to estab-
HNn ttNDhu NOHNJ tNc ldJt Aldl SUI utu bfFu
guilty OF no theft, aud he suggested that
Miss Buffers statement be heard. as he
thought that would fully satisfy the Court.
MIR. witt supplemented this by SAYING
that nc was prepared 10 make TO the Court \
statement Of what Miss Butler had said 10
him and repeated TO Mr.. Cohen, aud which
was satisfactory to that gentleman; that on
the day Of the alleged larceny the accused
went 20 the store OF this firm, with whom she
mad been dealing for years, for the
purpose OF matching certain trimmings
and getting some samples; that she
started to take home = piece OF rib
bon for the sole purpose OF ascertain
ing whether Il could be made 10 answer the
purpose Tor which she wanted it, and II so OF
paying FOR II; that the colored porter saw
her take the riobou and walk ont OF the store
with it and reported the fact to Mr. Samuel
Cohen; that slr. Cohen told the porter 10
oYert9ke her and get what she had taken; that
'she gave the ribbon to the porter aud told
him she had nothing else belonging tc Mr..
Cohen, &c. Mr. witt said further that Mr..
Cohen did not know at the time that
he sent out after the lady that she
was Miss Butler; that Miss Butler had
made her statement to Mr.. Cohen and
bis counsel and It was satisfactory; that Mr.
Cohen had sufficient ground and acted
properly 20 protect bis business In taking out
the warrant, hut that in the full light OF all
the facts in the case Sir Cohen. who had al
ways been freul to the accused, was not
only willing ~ preferred that the case
should be dismissed. Judge wit, in con-
cilsion. SAID that he, for Miss Butler, admitted
taking the things, but with no sort OF Inter.
ton to commit larceny. II the Court desired
It Miss Butler might make her statement and
then he tWh0 saw no reason why tue case
might not be dismissed.
Justice Crutchnsld SAID he would have
to make some inquiry into the matter; that
IL would be setting dangerous precedent to
discharge a person charged with larceny
simply on their own statement.
Mr. witt sald they only desired TO save the
trouble and time Of an examination, and |
therefore adlai,tcd unhesitatlngy all that |
could be proved.
Major stiles, counsel for Cohen Brothers, /
said that tbey did not appear rs prosecutors /
OF out not no,h,stiy but pro6eriy as wasadniiifd
by defendants counsel, and the Meesrs. /
Cohen were perfectly satisfied from Miss !
Butler's statement that there was no /
crimual intent on her part. ana they would /
be highly pleased. il his Honor could feel /
warranted in doing so. to have the case dig /
missed.
Justice Crutchfeld repeated that he did /
not feel justified 10 dismissing the case with /
out some examination, and Major stiles re- /
piled that he did not mean to advise the /
Court, but simply stated tue position OF his /
clients in the matter.
Tue PoRrEE's STORY.
Frank Albright, the colored porter, was /
put upon the stand. lie said that Oh the day |
the ribbon wa, taken De was standing by the /
counter where bundles are wrapped and saw /
a lady showing things 10 her umbrella ard .
then take up piece OF ribbon aud walk ont /
81 the store win H. He told Mr.. samuel ,
Cohen, = no sent him after the lady. over /
taking her uear the corner OF Fourth ana /
Grace streets ne albright told her that NJ. /
Cohen sand she must send those things back /
which she had taken or ne would have her /
arrested. The hdY handed him the piece OF .
ribbon. He then demanded the return ~
tue things she had in her umbrella. The
lady asked him moi 10 expose her in the
street: that il be would 20 with her home /
she would give him tie things, and write .
note 10 Mr. Cohen; that he told her Ne wanted /
the things, not note, but finally went with .
her home. While on the way there Miss
Rutler offered him a banjo and some o'j |
clothes n be would not sly anything about /
the matter.
ON cross-examlnation Albright said be /
did not know What It was that Miss Butler /
put in her umbrella; IN fact, he did not see /
anything at all in her hand, but was willing |
10 swear that she had put seme Of Cohen /
Brothers goods IN her umbrella. /
Mr.. COHEN on The STAND.
Mr.. Samuel Cohen next testified. and said /
that be knew nothing Of tho alleged steal |
ing EXCEPT what had been told him by the /
porter. lie ordered the porter TO go after |
the lady aud qc the goods which she had 1
taken, and saw Miss Butler baud the porter |
the piece OF ribbon. He Wss some distance /
behind them when the porter overlook her.
Mr. Cohen said he did not know 1t was
Miss Butler uutil three hours Afterwards.
In reply TO questions by counsel witness
aid that Miss Butler had been dealing with /
them fer maAv wears, and that he had always !
eAtertaincd the highest opinion OF her; that /
they would have let her have almost any.
thing she wanted.
MISS BUrLEE'S STATEMENT.
Miss Butler was next called to the stand !
and gave full and open statement Of facts
in the ease, apparently conccaling nothing /
az all. she said that on the morning OF July |
94th she went to CUben's 10 get some dress
goods auQ samples anu ~ see ii sue COulu /
get any cheap MORE ribbon for her brothers
vile TO match the trimming for drcss. she
saw Mr.. Jennings, with whom she generally /
dealt. who said that he was busy just then
and could not wait upon her. She waited /
for him, and was standing talking to some
ladies when MIR. Jennings came up aud |
handed her an envelope containing samples /
OF the goods she wanted. Miss Butler then
related conversation she bad with Alr. Jen-
nings, and that afterwards when she was
going Gus Of the store she saw two pieces OF
ribbon OF the kind that she wanted. one was OF
very inferior qHaIity other was slightly /
better. She took up the latter with the In
tentiOn OF taking it TO the lady to see n it
suited her, and, II so, she would make il all
right with Dir. Cohen. She had gottea AZ far
as Mr.. Males when a colored hoy ran up and |
said that Mr.. Cohen wanted those things she
had taken from the store or be would have
her arrested. She gave the boy the ribbon
and requested him to go with her home for
her TO write a note to Mr.. Cohen. She also
said TO the boy, "Please don't mention this,
for would not like my friends to know that
was accused by Dir. Cohen Of taking