The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-10-12
COULDN'T FOOL THE JUDGE.
A Diamond Case in Court Decided on
Equitable Terms.
From the Ne,v York Recorder.

Equitable Terms.
From the Ne,v York Recorder
- interesting case was tried last week In
the Fifth district court before Judge Gold
fogle. A few weeks ago Mendel Newman, a
ieweler, OF l25 Division street, sent his lS-
yeRr-old son with a diamond valued at $500
TO a customer for the purpose OF giving him
an opportunity to fully examine ie before
before purchasing IL, which he was about
TO do.
While going along the street the boy met
friend named Goldberg and showed him
the gem. Scarcely had he done so when,
prestol the diamond disappeared, as did also
Goldberg. Dismayed, the boy went home
and told his parents, who forthwith COM
municated the theft to the police.
About two weeks ago another diamond
keeper, who had also communicated his loss
to the police. A day or two after the theft
OF Nevman's diamond the boy Goldberg,
being either conscieuce-stricken or afraid OF
the consequences to which his act might
lead, called at police headquarters, saying
he had found diamond and wanted to de-
liver it up. He was referred 80 Property
Clerk Harriet, who warmly complimented
him for his honesty.
The property clerk immediately commu-
nicated with both Newman and Rose in re-
lation TO the finding of the diamond aud
both called to identify their property, and
both die identify ID as his own. The clerk
was in quandary, and finally decided, In
view Of the conflicting claims, to retain pos
session Of the diamond himself.
Mr.. Newman thereupon consulted aud
retained Marx Sc Rosenthal TO bring suit
for the recovery of his property, and suits
was instituted against the property clerk
Corporation Counsel Clark appeared at this
stage and legal proceedings were had, re-
sulting in the deposit OF the diamond in
court and the substitution of Rose, the rival
claimant in the suit in place Of the prop
erty clerk.
In that condition the case came on for
trial before Judge Godfo9le. The only
practical question for him to determine was
to whom had that diamond belonged before
it reached the hands of the police. Both
parties testified most positively that the
particular diamond was the one owned by
him, and each swore that be could not be
mistaken.
While the defendant was on the stand the
judge toyed with the diamond and finally
handed it to him again, and once more
asked him how he identified 1t 80 positively.
He again swore that the diamond which he
held IL his hand was the one which he had
worn on his shirt front for several years.
He could not be mistaken. The setting
size, and even the color of the stone proved
to him that it was his.
"That will do" said the judge 'You
may step down. Let Newman take the
stand"
Rose laid the diamond on the edge Of the
judges desk, in full view, and on Newman
taking the witness chair, he was told by the
judge to look at the stone again and repeat
why he, too, was so sure about his identif-
cation. After examining it a moment he
astonished counsel and spectators by saying
Your honor, that is not my stone"
Newman's counsel stood aghast at his
clients statement.
The mystic atmosphere was quickly
cleared, however, when Judge Goldfogle
said
Gentlemen, am prepared to settle this
case without hearing further testimony
The diamond which Rose swcars he wore
for several years past is mine, and have
just taken Ii from my bosom. AS the size
and setting Of my stone is slightly different
from the one in suit, and as mine Is identi-
fed by Rose as his, he certainly cannot
own the one in litigation, and, therefore,
must declare that TO belong to the plaintiff,
Newman. AS | have worn my diamond
for a number OF years, that cannot belong
to Rose, and he will, therefore. be com
PEELED to go further in quest Of his lost
gem