Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-21
THE SUBSTANCE OR THE SHADOW.
The TelI-Tale Mirror ms Testimony In
an Important Case Mt Inv.


nm Important Case mt Law.
what is and what is not testimony"
remarked the attorney who goes twenty
miles out on the railroad every evening to
sleep. 'is not always determined by Chit
ty, as I can testify, after an experience l
had not long ago. 1 was spending a week
with q friend who keeps a mountain re-
sort in Virginia, and during my visit the
room of one of the guests was robbed of
jewelry amounting to $40 or $50. Several
servants were suspected, but the theft
could not be fixed upon any one of them
Until happened upon the man who came
to get the laundry of the guests on that
floor. mine among the number. This man
was thoroughly reliable and Of some means.
which he had saved during many years of
work about the hotel.
Il was interested in the case. and when
I mentioned 1t to my laundryman he look
ed surprised and asked If he could not
have a private talk with me on the sub
ject. He gave me such information that l
felt safe in having a colored chambermaid
arrested for the theft, the prosecuting at
torney. of course, taking the lead in the
action. The girl denied stealing the jewelry,
but we stood ready to prove what We had
charged and the case came promptly to
trial before a magistrate.
Our side did not have much show until
I called the laundryman. He was duly
sworn. and testified that on the day of the
stealing he had stopped in front of the
door of the room in which the theft was
committed. thinking 1t was room where
he was to call for laundry. In getting
close enough to see the number on the
door, his attention in some way was at
tracted to the large transom over the door,
which was set open at an angle rejecting the
interior of the room. The transom was of
one large pane Of glass, with a piece OF
dark silk over the inside, making it to all
intents and purposes mirror. In this
a had dtGft f1Hy haa pfHc Inn
of the figure of the prisoner, Mary French.
whom he had known since her childhood.
She was standing at bureau or. dresser
looking at and handling some tewelry which
had been left there After few moments
he saw her take in her hand a breastpin
of gold and move away about her work in
the room. At least he could hear her NOV
Ing about sweeping, though he could no
longer see her, as she had got where the
glass did not reflect her. The la undryman's
son. Lad Of sixteen. testified to very nearly
the same facts, as he had been standing by
the side Of his father
1.-The pin thus described as having been
taken was the pin which was lost, and the
evidence seemed sure to convict. but the
magistrate was very cautious. The iaun-
dryman testified further that he had not
mentioned 1t. because he had not heard of
the robbery until spoke of 1t, and he had
not cared to make any trouble at first, be-
cause he supposed the girl might have been
only going to put the pin in a safe place.
This kind of testimony was in my opin-
ion good enough to convict in any court,
but his honor. the squire, looked wise and
refused to admit 1t on the ground that
the witness had not seen the prisoner take
the pin, nor had he seen the prisoner at all.
1t was her reflection ard as he had not
seen her. and had SO testified, then. OF
course, not having seen her. his testimony
as to what she had done during the time
of her reflection was not competent and he
would throw 1t out. Which he did. and
the state lost the case, of course. Since
which time I have been making study of
evidence and calculating the value Of the
relation of shadow to it's substance in
court Of law-presided over by Vir-
ginia justice Of the peace"