The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-15
BExLEY GOT OFF LIGHT.
PAIDA FINE OF SEQ AND COSTS AND
WAS RELEASED FROM CUSTODY.

The Defendant a Florida Boy Who
stole About $500 Worth of Goods
From the Department store OF
Leopold AdIer-Captured the Day
After the Commission of the Crime.
Jury Found BexIey Guilty of Lar
cenS of Goods of Less Value Than
$5O-They Stuck to II Despite the
Questions of the COurt-With
Recomme ndntlOn TO Extreme Mer-
cy II LiGhtened the Penalty Mate
rally.
w. A. Bexley was found guilty in the
Superior Court yesterday of larceny of
goods under the value of $50, with a rec
ommendation from the jury to the mercy
Of the court. He was sentenced by Judge
Falligant to pay fine of 800 and the
costs of the prosecution or to serve six
months in the county Jail The fine was
paid.
The trial of the case. like the commits
sion of the crime, was not without its
interest Occasionally, and despite the pa
thetic element that predominated a ray
of humor would creep in, the cross ex-
animation OF Mr., Leopold Adler, che pros
ecu1ing witness, by Mr.. J. f. Cam of
rcounsel for the defense, furnishing much
of the fun.
The circumstances of the crime with
which young Bexley was charged and for
which he was indicted by the last grand
jury are sufficiently familiar He was a
raw country lad, who came up from Flor
ida, and secured employment as a clerk
at Adlers where he was employed on
Dec. II. That night he was locked in the
store after all the other employees had left
it, and he at once attached about $500
worth of the most valuable and portable
articles upon which he could lay his
hands. He packed them in two large
valises and carried them to his boarding
house
They next day was Sunday and a day of
rest for BeXley. He used it by comforting
some of the articles stolen upon various
of his friends, among them some young
women living in The neighborhood in which
he lodged. So carelessly open was he in
the display of the articles he had appropri-
ated and so little did they seem to fit the
purse of a novice of a clerk that he excit-
! ed suspicion and Mr.. Adler was notified.
| The latter made an examination of his
| store discovered that a lot of valuable
| goods had been removed and caused Bex-
! ley's arrest.
The indictment only charged the larceny
of goods of the value of $150 though goods
of much greater value had been taken. 1t
is understood that the articles named in
! the indictment were the only ones that
could be positively Unidentified and that for
! this reason the others were not enumera-
ted. The idea was that when larceny of
] ~.
the indictment, the jury could not find the
larceny of goods under the value of $50
and thus reduce the crime from a felony
to a misdemeanor and the punishment
from a term in the penitentiary to fine
or imprisonment on the chain-gang or in
jail. That's where the mistake was
made.
Mr.. Cam questioned Mr.. Adler very
closely as to the value of the goods stolen
and managed to fasten a lingering doubt
on the minds of the jurymen after the
evidence had been given. Indeed, they ex-
pressed their doubt in their verdict.
At the conclusion of the states case Mr.
Cam moved the court to direct a verdict
of not guilty. Other than to overrule the
motion promptly, Judge Falligant said
nothing at the time but after the case had
been determined he remarked that this ac-
ton on the part of Counsel was the finest
example of nerve he had ever witnessed in
rience.
When Bexley was placed on the stand
to make his statement he frankly ac-
knowledged the corn. He retaiied for the
benefit Of court and jury some of the
hardships he claimed to have undergone,
and stated that he had appropriated the
goods because he had no money and wish
ed to pay his people in Florida Christ
mas visit.
When Solicitor General Osborne argued
the case for the state he said that this
sta tement somewhat surprised him. The
solicitor general was not advised of the
railroad fare to High Springs, Fla, where
Bexley and his people lived, but ne
thought it could hardly amount TO $3.50.
Mr. Cam and MIR Colding. for the de-
Tense, made appeals for the mercy of the
jury. asking, inde5d that their client be
given his liberty, because Of his youth lg>
norance and inexperience, and that he be
permitted TO take a new start in the
warle
The verdict of the jury was surprise to
everybody in the court room. 1t found the
prisoner guilty of a misdemeanor, thus in
effect holding that the goods stolen were
of less value than $40. The code makes
| this amount the dividing line between
grand and petit larceny, one of which is
| a felony and the other a misdemeanor.
| You mean" said Judge Falligant, to
the foreman of the jury, THAT you find
the defendant guilty to be punished as
! for a misdemeanor."
! mo. your honor replied the foreman,
I'VE mean Just what the verdict says. We
find the prisoner guilty Of a misdemeanor
and recommend him TO the extreme mercy
Of the court"
Judge Faligant then imposed a fine of
! 800 ard costs with six months in Jail
the alternative. During the afternoon the
fine and costs We're paid and Bexley was
given his liberty.
WILL THANK MRS. JEFFRIES.