The sun., 1900-11-23
TOUCHING Scene At
TRIAL Of ALLEGED
HORSE THIEF PALMER
''if You Convict That Man, You
Convict an Innocent Man."
Says Miss Mercer.
THE JURY WAS OUT ALL NIGHT
1t Could Not Arrive at a Verdict and
Was Locked Up for the Night.
Albert Palmer is Accused
of Stealing Samuel
A. Bailey's Horse.

There were a number of sensational
features in the trial yesterday of Albert
Palmer, an intelligent well dressed M
on the charge of stealing horse
longing to Samuel A. Bailey of :.
Creek hundred
The jury retired shortly beforr
o'clock and in about half fhoursent y
| to the judge asking If it would coi.
tute a case of larceny if the horse W.
| found in Palmer's possession in Penn
| sylvania. They were told this would
make no difference.
AT O'Clock they had not agreed and
the judges instructed them that in case
they arrived at Il verdict before o'clock
| they would come to the Court House and
receive it; otherwise they would be lock-
ed up for the night.
The jury however was unable to agree
and were locked up.
Miss Lydia Mercer, who is said to be
engaged to marry the prisoner, created
a sensation when on the witness stand
by saying to the jury "If you convict
that man, you convict an innocent man."
Samuel A. Bailey, when on the wit
Iness stand said: Chat while he was.
attending Christian Endeavor meet.
ling in Red Clay Greek Presbyterian
Church ON the evening of June 8, his
brown horse, which was hitched near the
church. had been stolen. He recovered
it at the stable of Timothy Toomey, in
Coatesville on August 16. Mr.. Toomey
had gotten the horse from S. Carl
Stokes, who had purchased it from Pal
mcr while it was being pastured by John
/ Wilson, in Highland township, Chester,
county. Palmer said to Mr.. Bailey in
Coatesvillc that he had purchased the
animal from gypsies in Poneroy on June
.. Palmer told that tne buggy was in
woods near Coatcsyillc, where the owner
found il. While in conversation with
Mr.. Bailey. Palmer said: IF you get
back your horse and buggy will YOU
prosecute mcl' Mr.. Bailey told him
!. that he would not if he were not the
!, guilty man, ana Palmer said: There is
= no one hut me to suffer for this"
Howell $. England. counsel for the
prisoner did not attempt to prove that
HE horse had been III the possession of
Palmer, nor that he had sold if, but they
nttcmpted 10 prove that Palmer was not
| near Rcd Clay Creek Church on the
night Mr.. Railcys horse was stolen, but
e was in the Presbyterian Church in
t pomeroy on thai night. They also at
tempted ID prove that Palmer had bought
the horse on the following day from two
gypsics. Miss Lille Il. Hutton, of
Pomeroy, with whose sister Palmer
boarded. testified that Palmer had ac-
companied her TO the Presbyterian
Church on the evening of June 8. They
had gone home together and witness saw
the prisoner at $50 o'clock the next
; morning in the house where they lived.
Palmer when on the stand in his own
behalf admitted that he served for lar
ceny as bailce of horse and admitted
there were two indictments hanging over
him in Chester county.
Miss Ida G.. Meredith of Pomeroy
testified that Palmer was not in the
Presbyterian Chapel in Pomeroy on the
night of June 5. Miss Lulu A. Hutton
come out of the Methodist chapel on
that night.
Miss Meredith had stated that she had
looked to see if Palmer was in church
on June 8 and remarked that he had
stolen her brothers horse prior to that
time.
Howell S. England made an able de-
fcnsc for the prisoner In addressing
the jury he spoke in general way about
the unfairnesS OF detectives and said
they gloricd in the number of convic-
tions they secured.
Deputy Attorney General Cooper CON
ducted the prosecution and in addressing
the Jury said the evidence was strong
enough and did not require that he
should make any extended remarks.