The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-23
ON DIRECT EVIDENCE.

UN DlhECl EVIDENCE.
This cutlery against circumstantial evil
dence" said the old lawyer, 'is mere SEN
timentality You must admit that Paley
| hit the nail on the head when he said that
| facts or circumstances cannot lie
Il shall admit nothing of the kind re-
torted the young man. If we are to draw
on the old philosophers, let me quote Sir
Francis Bacons aphorism; that it is a
natural tendency in the human mind to
suppose a greater order OF conformity in
things than actually exist AS an expert
enced lawyer you must know how many ir-
retrievable acts of injustice have been COM
mitted by reason of the mere deceptiveness
of facts 1 have no legal experience, L know.
to back me up in this assertion, but let me
tell you a college story, which will convince
even you how facts and circumstances can
lie:
"One evening, while l was still junior
l was in my room getting ready for dinner.
Suddenly a freshman, young Southerner
with whom l had played tennis once or
twice came in and asked in an excited
| manner what was the exact location of my
locker in the gymnasium.
:. Down in the basement I said, near
yours. In the middle, on the north side. Up
per locker No 1885,
Great God! gasped the boy I am done
for
What do you mean?'
I don't know where to begin said he,
but it's awful Do you remember that you
kept two of my tennis balls the last time
we played, because had to go before the
set was fnished?
No., said l. But if did, 1 have them
still
70
remember he cried, or 1 shall get into a
worse hole than l am in already
with that he dropped on the window
seat and mopped his forehead.
What's the row.? / asked
The row is that 1 have been called a
thief And now l am supposed to prove
that l am not, and l have no proofs
~ should say that the proofs would
have to come from the other side / sug-
gested. but he interrupted:
Just wait. Did you know that there
has been locker thief proving around
in the gym for the last three weeks, and
that several of the fellows have lost
money!
Great heavens! No., said l. but how
did you come to be mixed up in it?'
You see, he began, I wanted those
tennis balls this afternoon, but did not
know where to find you. You weren't here,
| so went to the gym and ran down to our
lockers. Nobody was there, and 1 was
| about to go away when 1 noticed that your
| locker-I mean the locker I took for yours
was standing half open with gray coat like
yours hanging inside. / thought the balls
| might be in it, so / pulled the door wide
open and looked in. They We're not the
floor of the locker. But the pockets of the
| ,,.Dl 10 I,,,1rr 7
hand to feel them, but found it was merely
a handkerchief or some soft stuff l was
shutting the locker again when l heard an
odd grating noise. I looked around but
saw nothing, when suddenly the door of a
lower locker at the other end of the room
flew open with q bang, and out crawled a
man. 1t was Billy, the scrubber.
What on earth We're you doing in
! there?" l was about to ask, but he stepped
right up, took hold of my shoulder and
1--we got you at last You've been
after stealing just once too much, me foine
- You're liar" said I, but he caught
my wrist before I could hit him.
go, And what are you dom in other h
Mr.. Allyn, 1 would not have thought that
Of YOU" woe ,oo,,,.o Co., 49, +on.,. Nc >,
said | hotly, and you know it,
Tennis ballsr' said he, with an ugly
grin, and I knocked him clean over the
bench into the other room.
Help, help I've caught him, -
shouted Billy. gripping my leg from under
the bench. L went down, and we rolled
over and over, while the other scrubber
and Dolan, the janitor. came running down
the stairs. Holding me between them, with
By n bringing RI GIN up the rear theK marched
L told them to let me go or l would kick
myself loose.
The superintendent came to the door
at the hubbub, and Billy said:
Here's the thief / caught him in the
act and he hit me. 4"
40 hos ood mic oJy
began, and then the superintendent sat
down, and L explained and explained, while
offerings, and how he had lain in wait in
that locker for half an hour, and how 1 had
come in and, after looking around ''stealthy
like, had gone through the only open
locker and then started to go. ] began to
explain again, but the superintendent shook
his head and said that since No. 173 was
not the locker held by you, 1 should have
to wait until Parker. the senior, could be
summoned, whose locker it really was.
There was nothing for me to do but to
sit down and wait, while the others went
away; and wait did, with the hot blood
running up and down me till l thought
| Parker would never come.
AT last he stepped in with that same
gray coat on his back and the superln-
tendent asked him whether he knew me-
"A little" he answered.
g Then, speaking very slowly, the super
intendent asked:
Have you missed anything; | mean
any money, Mr.. Parker?"
:" Parker looked at me, and as he noted
| my So1led clothes and worried look / saw
him flush from his collar to his hair and
my own face burnt like fire
Il don't know he replied and with
that he feels in his pockets and speaks up
sharp and quick:
:, -Four dollars are gone. I had four
bills in my side pocket"
| Mr.. Allyn" said the superintendent
turning to me with a hard look do you
happen to have so much money with your
Yes, sir answered, and handed him
my card case with SO in it. He counted out
| the money in FLYER and four greenbacks,
! and then asked Parker when he had left
his locker open and when he last saw his
| money.
q" Parker said that he always left the
| door unlocked, and that three days had
| passed since he had been in the gymna-
| sum-
II am afraid, Mr.. Allyn" said the su-
| perintendent at last, that | shall have to
report this to the dean. AS for you Mr..
| Parker L need not caution you to speak to
no one of this matter until the dean has
| taken action
After that I came here
Not knowing what other comfort to of
fer | asked Ally to dine with me and to
! stay at my rooms until we might have an
| opportunity to go to the dean together but
! he refused. Next day l looked for Allyn
| in his rooms, but found him gone The day
after that l saw him sitting in his window
| with cold pipe in his mouth, and hailed
! him. He asked me to come up
g oh. / am so glad YOU have come he