Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1891-06-13
A CIRCUMSTANTIAL CASE,
HI COME8 NEAR BENDING A
MAN TO THE "PEN."

| MAN TO THE "PEN."
A Member Ofthe Legal Profession
Tells "The Citizen" a story of 81
Case i'm This City Several Years
Ago.
| In d conversation with member of
the Ashcvillc bar yesterday. a story was
told THE CITIZEN that well illustrates
the dangers attending the use Of crcum-
stantial evidence in the trial of suspect.
The story, as told, follows:
Michael Coleman. colorcd, had been
for some months employed as a waiter
at hotel here. He and six fellow wait
crs were under the control of William
Smith, an intelligent negro of good char
acter who held the place of head waiter
The proprietor had committed the dining
room silvcrware to Smiths care, and
Smith was to be held responsible for
every part it which might bc missed
and he informed the walters Of this liza
bility.
On one occasion Coleman broke dish
and the price of the dish was deducted BY
Smith from Coleman's wages, the for
mer insisting that il resulted from care
lcssness. The latter was e1aspcrated
and vowed that he would do Smith as
mean trick as he considered had been
done him.
Soon after this, the silver spoous began
to disappear from Colcman's table
After this had gone on for week. Smith
began to watch Coleman closely, belicy-
ing that the latter, by taking the spoons
for which he (Smth) was responsible
sought the threatened revenge. lie
learned that ColcnaR had given two
teaspoons to Il young cOlored woman,
telling her to have them made INTO finger
rings.
Coleman was absent from the hotel one
day, claiming to bc sick. Smith thinking
good opportunity offered, and knowing
Coleman was not in his room, made
affidavit as to his suspicious and the cir
cumstanrcs before a magistrate of this
city and procured a warrant authorizing
a search by officers of the apartments Of
the suspected man.
A deputy sheriff went with Smith and
the room Of the alleged thief was
searched. Before beginning the search
however, he was taken into the hotel and
the spoons i'll usc there were laid before
him. They were of two kinds, shapes
and sizes, and all had the stamp of the
same maker. Smith also showed certain
marks made across the back of the uppci
part OF the spoon.handlcs. and single
straight mark across that part of tn,
back of the spoons bowl where it is
joined to the handle. The marks had
been made with rough instrument and
had evidently been made for months. In
most of the cross marks the instrument
had not cut for sufficient distance AT
first and the stroke had been repeated,
so that both strokes could be plainly
seen. Smith explained that he had made
these marks witha broken case knife.
| When the officers searched Coleman's
trunk he found carefully put away in the
bottom, two silver spoons, identical in
shape, size and device with the two
kinds OF spoons at the hotel, one OF each
kind. The makers name was the same,
and most careful comparison failed to
discover the slightest difference bctwccu
the spoons found in the trunk and those
used in the hotel. As soon as Smith saw
the officers uncover the spoons he dc.
clarcd that they were beyond any doubt
two of those missing from the hotel.
Coleman was Immediately arrested,
charged with the larceny of the spoons
and taken before magistrate. The
prosecution was represented by able coun-
sci. The proprietor OF the hotel identified
the spoons as his property, and half
dozen each of the two different kinds of
spoons were brought from the hotel and
used in the trial. A careful comparison
of these spoons and the ones alleged to
have been stolen was made by the coun-
sci on both sides, by the sheriff. the dcpu.
ty, the magistrate, and several Others,
among them the walters at the hotel, the
latter of whom were dcsirous of giving
any aid to the defendant, and no one
could detect the slightest difference Two
Of the walters testified to hearing Cole.
mans threat.
The chain of evidence seemed to bc com
plete. Coleman made an explanation
in which he said he had once owned a res.
taurant in Norfolk. Va, and while en-.
gagged there two spoons marked as seeil
at the trial had been given him. by his
mother and sister, and for that reason he
had never parted with the spoons. lie
introduced evidence to show that tn,
practice of marking spoons in hotels with
a cross mark was very common ono.
COlcman's statement was lengthy and
the crowd smiled incrcdulously at hi.
evidence. The magistrate had clearly de
terinined to hold him for trial. His coun
sci appeared much disconnected at tn,
case made out, but insisted on his right
to argue the case. The prosecuting at
torney, therefore, made the opening ar
gumcnt. reviewing the case, the motive o
the defendant, etc.
Meanwhile the counsel for the defend
ant was nervously comparing the spoons
AT tho conclusion of the speech the magis
trate turned and asked the prisoner
counsel what he had to say.
IL have this to say" he replied. "Tn
spoons found do not belong to the hotel!'
lie then took up one Of the spoons foun,
in the trunk and placing il alongside ON
of the hotel spoons, he pointed out tina
on the hotel spoon, Immediately after tn
name of the maker, stamped on the bacl
of the handle, was small figure 20" no
larger than pinhcad, while the fgur
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