The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-13
AN ALIBI HARD TO FIX
1t Is An Injury to a Case Unless 1t Is
Complete.
FRAUD USED SOMETIMES
Criminals Have Escaped Through
False Alabis and Innocent Per-
sons Have Suffered-Some
Peculiar Cases.
FRAUD USED SOMETIMES
From the Boston Herald.

From the Boston Herald.
1t will be remembered that the senior
Weller recommended that an alibi be
set up by the defense In the celebrated
case of Bardell VS.. Pickwick for breach
of promise. The joke of the recommen-
dalton was in its absurdity. Seriously,
however. there is great risk in setting
up such plea without strong proof OF
the fact An unsuccessful attempt to
establish an alibi is always circum-
stance of great weight against a pris-
oner, because a resort to that kind or
defense implies an admission of the
truth and relevancy of the facts al
legged and a correctness of the infer
ences drawn from them; and where II
fails it is generally on the ground that
the witnesses are disbeIieved and the
defendants story regarded as a fabri-
cation. This is not universally true,
however. An extraordinary case to the
contrary occurred in an English court
in 1924, in an action against a young
man named Robinson who, on the posi-
tive evidence of many persons as to
his identity was convicted of larceny,
but afterwards an alibi was satisfac-
torily proved, and he received a par
don.
This plea often involves considera-
tions of the most difficult and perplex-
artifice to endeavor to give conference
and effort to a fabricated defense of
alibi by assigning the events of an
other day to that on which the crime
was committed, so that the events, be-
ing true in themselves, are necessarily
consistent with each other and false
only as they are applied to the day in
question. DR.. Amos, a famous lecturer
at the London Medical Lyceum, re-
ports q case in which a gentleman was
robbed and swore positively to the
identity of the prisoner, but neverthe-
less a complete alibi was proved. The
witnesses, examined separately, all
spoke of the same minute circum-
stances transporting while the prisoner
was in their company on the day and
hour of the robbery, and in particular
that church bell for funerals was toll
ing. which, in fact tolled every day at
that particular hour when the robbery
was committed. The prisoner was ac-
quilted.
year afterward the gentleman. see
inG-the prisoner in a little shop. went
to him and gave his word that as now
all danger was over, If he would tell
the truth no injury should happen to
him, but the contrary. The man re-
piled:
Il did rob you. The alibi was false,
and when the jury turned round to
consider the verdict felt shuddering
within me unlike anything i had ever
before felt, or believe l could feel. The
, consequence was that l vowed to get
my bread i'm a different way for the fu-
ture, and, with that purpose, have got
into thisslittle shop"
In 1874 a respectable yoursy man was
tried in an English court for highway
robbery committed at Bethnal Green,
in which neighborhood he and the vic
tim of the robbery resided. The latter
swore positively that the prisoner was
the man who had robbed him of his
watch. Counsel for the prisoner called
a genteel young woman, to whom the
defendant had paid his addresses, and
she gave evidence which established a
complete alibi. The complainant was
then ordered out of court, and, in the
interval another young man named
Greenwood. who was to be tried on a
capital charge, was introduced and
Then the prosecutor was again put
into the witness box and thus ad-
dressed
Remember, sir, the life of this young
man depends upon your reply to the
question l am about to put. VIII you
swear again that the young man at the
bar is the person who assaulted and
robbed you?'
The witness turned his head toward
the dock, when, beholding two men so
nearly alike he became petrifed with
establishment dropped his hat and was
speechless for time, but at length de-
clined swearing against either. OF
course. the young man was acquitted.
Greenwood was tried for the other
crime and executed. A few hours be-
fore his death he confessed that he had
committed the robbery with which the
other had been charged.
OF all kinds of exculpatory defense
"a n
by unsupported testimony, is the most
satisfactory and conclusive. since IL ex-
cludes the possibility of the truth Of
the accusation. A defense of this ma
ture is usually entertained with suspic-
ion, however, because IL is easily con-
cocted and frequently resorted TO false
ly. 1t is essential to the satisfactory
establishment of an alibi that II should
cover the whole of the time of the
transaction to which IL relates. so as
to render IL impossible that the pris-
oner could have committed the act. II
is not sufficient that 1t renders his guilt
improbable.
Two prisoners. charged with setting
a house afire. proved that they We're in
bed on the night in question at II
o'clock and were found in bed next
morning after the arson had taken
place but the plea of aiibi was disre-
garded because the distance. being
only two miles, they might have arisen,
committed the deed and returned TO
bed.
Early in the present century an alibi
was established in French court by
distinguished citizen of that country,
charged with murder. through the fore
thought OF himself and accomplice in
calling each other by assumed names.
overheard by several people. near the
scene of the tragedy. one of the people
whose name had been assumed was
subsequently arrested, tried and wrong
ly executed for the crime. After the
demise of the real murderer. the &C
complete, on his deathbed. confessed to
the horrible cheat.
How Deserts Are auth d