The Portland daily press., 1897-02-01
NOT GUILTY.
Bailey Acquitted Of the Charge of
Stealing the Stamps.

There was little ripple of applause in
the superiur court, Saturday. when the
forepan of the jury loudly replieag Not
yniltv,, TO the question of the clerk as to
the verdict In the case of state VS.. War
ren A. Bailey, tie young man accused Of
stealing a stamp album containing
stamns valued at 5000. the property CT
Mr. Samnel A. Stevens Of this city. Mrs.
Stevsns. who testified that Bailey was
4ba man to whom she delivered the
st.nns was not in court when the YER
diet was rendered.
The case was given to the jury at II. 30
and they were ready to report when
eourt came in at three o'clock. Bailey
held mis- handkerchief in his hand and
nersously pressed it to his face as he
hard tbe words which set him free.
Tban he Jumped up and shook handa
with his father and kissed his wife.
Bailey Immediately left the court room.
To him, probably. the arrival of the jury
was matter of keen interest; but that
can hardly be said about the spectators,
for it was generally believed that the
verdict would be one of aequittal.
The days proceedings began with the
nresentation of the last of the evidence.
Mr.. Ira C. Stockbridge testified that ne
Ind seen Bailey in his store.
Marshal Trickey testified that he went
to Brockton October 30 and had talk
with Mrs. Carr, with whom Bailey had
boarded. He did not tell her he was an
officer. She declined to show him her
hooks at that time and made only gen
eral statement about the time that Bailey
left her house.
Officer Kingman of Brookton was re-
called. He said Mrs. Carr told him she
had instructions to send Bailey's mail TO
.Danville, VT.
Mrs. Carr was recalled. She said she
did not show her books to Mr.. Tricky
because she didn't know who he was,
and because she preferred to have her
husband present when she talked. She
told him to return in the evening and
she would give him the information he
wanted. She said that she did not have
orders to send Bailey s mail to Danviile,
VT. but that she told Officer KingDan
thatga letter had come from him from
Danville.
This closed the testimony.
Mr. Morrill, bagan his plea for the de-
tense by saying he felt the great respon-
sibility of the case, and any professional
pride was entirely lost sight of CO impaired
with the satisfaction of aiding in restoring
this Young man to his home and good
name when he was absolutely innocent.
Accused of committing crime in Port
land. as matter of fact he was
moro than 10) miles away when the theft
WAS done.
Discussing the States evidence, Mr..
Morrill, said it rested upon the positive
testimony of Mrs. Stevens inshsr identi.
fcation of the defendant. He believed
Mrs, Stevens was honest in her opinions
sabsolutely, but he believed that uncon.
ciously perhaps her impression OF the
man had been formed more from the
photograph of Bailey, secured by Bell
by lie, and his and Mr.. Stevens's
minute description than from her brief
ipsneotion of the real thief. He would
not for an instant cast any reflection up
on Mrs. Steysns's motives or testimony,
but il did seem to him as if In the face
of ali this evidence, showing the absolute
presence of Bailey in Brockton at the
time, that she was perhaps a..little over
Jealous. Mrs. Stevens is bright, keen
and quick of perception, and honest in
her statements, but we are all human
and mistakes in identity are made every
day by just as bright people as Mrs.
stevens. It is entirely possible, and it is
proved by overwhelming evidence in this
case. that In this instance she was mis-
taken entirely.
The counsel summed up, as he said. the
splendidly clear and convincing evidence
of all the witnesses from Brookton, peo-
pie without the slightest interest in the
case, and not one flaw had the govern
meut produeed In their story. he paid
an especially high tribute to the testi-
mony Of the young boy, against whom.
he said, the skillful attorney for the
State had directed perfect cannonade Of
cross questions. Not once did he waver.
Not moment did he falter from his
straight story. the straight and narrow
path of truth. Only the truth coulo
have been told and held to in snch way.
The counsel defended Mr.. Bailey, the
fa ther Of Warren, for his zealousness in
the case. 'tIt is his boy accused of p
beiIous, crime,' said he, "and he knows
lie is Innocent. Why ahouldn't be be
zaalous? Wouldn't you, gentlemen, if il
was your bog?'
Mr. Morrill, took up the whole chain Of
evidence for the defense, point by point.
every single circumstances pointing In
unmistakble manner to the innocence Of
theyespondent.
"Why, gentlemen, if this boy is con
victea in the face of this absolut evil
Geace IF his innocence, / should feel like
ne7er trying another case in court.
TIE e can be but one verdict, and thai
~ one #hich will be. Let him go free
hid him 90 forth with unsullied reputa