The record-union., 1894-02-17
HE STOLE THEM ALL RIGHT.
" Doc" Smith Examined for Burglary
of a Turkey Roost.
He Pleads Guilty to Petit Larceny and
Will Go to Jail six
Months for 1t.

"Doc" Smith, burly colored man,
was examined in Justice Henry's court
yesterday on charge of burglary in en-
tering the barn of William Counsman, a
farmer who lives some miles north of the
city on the Marysville road.
He is the individual whom Constable
Brissel and his deputy, William Brissel,
arrested about three weeks ago, near Ag-
ricultural Park, as he was getting out of
town as fast as his crowbait Of horse
could pull him.
Counsman was sworn and testified to
the fact of his barn having been broken
open one night in the latter part of Janu-
ary and twelve turkeys carried away, to-
gether with as many barley sacks. He
said the barn was tightly fastened on the
preceding evening.
ID. Stuart, a junk dealer who lives near
the north levee, testified that the prisoner
came to his place about o'clock in the
morning two weeks ago last Thursday
with seven turkeys in a cart, which he
desired the witness to haul into town for
him. Each turkey was in a sack by IT.
self. In taking the turkeys out of the
cart three of them got away. The tur-
keys were peddled about the city and
were finally sold at the Young America
Restaurant on Second street
Smith said he and his partner were in
the turkey business, and those were the
last lot they had to sell.
eenwood.testified that he saw
Smith at Bailey's camp on the north side
OF the American River, near the bridge.
On the day in question witness saw him
plucking a turkey at the camp. The
turkey was minus three toes of the right
foot. Smith spoke about some one hav-
ing been spying about there and used de-
fant language.
William Bailey testified that he has a
camp near the American River bridge.
Sometime in January the prisoner came
there and put up his tent. He was there
a couple of days, and when he left said he
was going to Marysville. Two or three
days afterward he returned and said his
horse had wandered of, and that he wan
ted to get another to go after his cart. lie
got one from neighDor.
The next morning, about o'clock, be
returned with some turkeys in MS cart
and wanted to get witness to take them
TO town, but he the witness) said he
couldn't spare the time. At noon, when
witness returned to his camp, Smith was
there cooking turkey. He said he got
the fowls about twelve miles up the road.
They had a turkey dinner that day.
George Nichols. proprietor of the
Young America Restaurant, testified to
having bought some turkeys from Smith,
for which he paid cents per pound.
Constable Brissel came to his place and
got the turkeys.
f. p. Johnson, who lives about twelve
miles out on the Marysville road, testified
to having seen Smith out there looking
for his horse
William Anderson, an employe of
Connsman, told about finding the barn
open and the turkeys and some sacks
missing. He Identified the sacks in court
as some of those taken at that time.
| Constable Brissel testified to the facts
concerning his pursuit Of Smith and the
! latter'S arrest.
At the conclusion Of the testimony for
the prosecution e. NJ. Beckworth and
| Colvin Brown, the prisoners counsel,
moved for his discharge, which motion
Justice Henry denied.
1t having been brought to District At
torney Ryan's attention that the prisoner
would be willing to plead guilty to petit
larceny, that officer gave his consent
| thereto, rather than go to the trouble and
expense of trial for burglary, with the
possibility of a jury acquitting the pris-
oner under the elastic rule of "a reason
| able doubt" as to his guilt.
Justice Henry asked the sable-colored
admirer of turkey flesh what was his plea
to the charge of petit larceny. The pris-
oner stood up and unburdened himself as
| follows:
"Well, Jedge, 1 stole dem turkeys,
shuah dats right! stole 'em all right
enuf, an / reck'n Pm guilty"
| Justice Henry then sentenced Smith to
| six months in the County Jail.