The herald., 1896-04-29
Two Innocent Men Narrowly
Escape the Penitentiary
EFFECT OF A BOYS STORY
A Couple Of Tramps the Victims Of th
Youths Prevarication
Captain James on Trial In the United States
District court-Civil Suits in the Va.
rlous Departments

Two innocent men had a narrow es-
cape from going to San Quentin yester-
day Joseph johnson and Thomas Will
Jams, couple of tramps, We're on trial
before Judge Smith in department one
On q charge of assault with intent to COM
init robbery. The complaining witness
was Pablo Mungi, a Mexican boy, aged
16 years, who lives with his parents out
near San Gabriel. Mungi's story was to
the effect that he had been given SO by
his father and sent to purchase provis-
ions for the family. A short distance
from his home he met Johnson and Will
Jams, who had just waded one small
stream and We're sitting on the banks
of the river when he came up on horse
back. Mungi says that he took the men
across the river on his horse, and that,
after carrying them across, one or the
men held the horse while the other put
his hand in his pocket and took the
money given him by his father, two silver
dollars and two half dollars. On maxi
ing his escape, the boy ran home and
told his people that he had been robbed,
Whereupon his father and some friends
armed themselves with clubs and went
after the robbers The two men were
found near where the boy had left them,
and they were set upon by the Mexicans,
who gave them a severe beating. The
money siven the boy by his father a,hn was was
fouCd in their possession. The men
aiaimed that the money belonged to
them, and that the boy had stolen ring
from one of them and ran OFF, and tnat
they had held the horse as security for
the return of the ring. A complaint was
issued by Justice Burke, and the men
We're held to answer to the charge.
When the case came on for trial yester-
Cay the boy told his story as he had at
the preliminary examination, IN Whlch
he was corroborated by several oil ms
countrymen. The money found on the
~.,sk Il, l.
70 the boy, and it looked as thougn
there was a good straight case against
the two men. When Justice Burke was
put on the stand he testified to young
Mungi applying to him for a complaint
for horse-stealing. The boy sald noun
ing about the theft of the money at the
time. In the meantime the two men had
also applied to him for a complaint
against the boy for stealing the ring,
and told their story. The day foiloWlng
the boy again appeared before MIN, anu
on this occasion asked for a compiaaia.ta. az
against the men for robbing him OF w;
Remembering what the men had salu
about the ring, the justice asked what ne
had done with it, when the boy without
thinking, replied that he did not remem-
ber what had become of it; that ne coulo
not say whether he had thrown the Ilils
nway or whether one of the men had done
so.
new light and as the boy in his testl-
mony had said nothing about ring,
and as the Justices testimony was cor
roborated by another reputable witness
Assistant District Attorney Wlillans,
who was conducting the prosecution, at
once stopped the case, saying that tnere
was evidently perjury somewhere, ana
he did not feel justified in going further
in the matter whereupon the judge IN
structed the jury to acquit, which was
done, and they left the courtroom.
With the testimony of Justice Burke
as a guide as to the true facts, II was
patent that there had been lying on both
sides, that is by Mungi as we'll as the two
men. The true facts probably were that
the boy met the men on the river bank
as he stated. He probably carried them
across the river, and in the conversation
that eflsued the matter of the ring came
up. The boy wanted the ring, and in
all probability gave the men the SS
for it. After the trade was made, he
probably realized that he would be pun
ished for not buying the provisions as
he had been instructed to do, and secret
ing the ring ran home and told his peo-
pie that he had been robbed, leaving his
horse with the men. The boys father
and his friends, believing the boys story,
armed themselves and went after the
robbers. The finding of the money was
conclusive evidence to them of the rob-
berry, and they almost beat the two men
to DEATH The two men evidently be-
came ratified on realizing the position in
which they found themselves, and were
afraid to acknowledge how they came
by the money, claiming that 1t belonged
to them, thereby causing another COM
plicaton and Strengthening the case
against them
The boy stuck to his story, and but for
the unguarded admission in regard to
the ring to Justice Burke. the chances
are that the lie would have been success
full and the two men would have been
convicted and sent to the penitentiary.
for perfect case was made out against
them, so far as circumstantial evidence
nnYi11