The daily morning Alaskan., 1902-07-10
A CASE OF IDENTITY

ears old. named Henry Day. He made ! is home with a widow named Martin -ho had three children. As postmaster ! he was known to every man, woman and child for Ave miles around, md you would say that his identity could be proved above any other mans. One morning Day was missing. and within an hour the widow startled the com. munlty by charging him with attempt ed assault and robbery. Her state | ment was Co the effect that she had ! been awakened about midnight and | found him In her room. She had that | day received 5000 in cash. and he de- | manded the money. When she cried out. be struck her with a club, aud dur | ing tho few minutes she was uncon. scious he secured the money and acd. Did any ono doubt her story? Was there the slightest reason to suspect sho could be mlstakcnJ She had seen | him and heard his voice. So also had | Frank and Hattie as he left the house He had taken a freight train which passed the station at 1 o'clock a. m., and the station agent had even spoken Co him. As he was the only pas sengcr. the conductor and two brake men could fully identify him. Was | there ever a palmer casct 1 It was three weeks before Mir. Day | was ovcrhaulcd and brought back for trial. He was not even frustrated. He calmly denied that he was Henry Day | He denied that he had ever been In | Clayton. Indeed he was SO cool and nervy that the officers. who knew him | as we'll as they knew their own chll- drcn. began to doubt if be were really | the man before they started back.
 The prisoner declared the officers | mistaken. but made no objection Co re- ! turning with them. There were 500 people at the depot 10 sec him. Every one recognized him as Henry Day. | Next day he was arralgncd before a Justice of the peace under that name. ! He denied it and gave his name as | James Bailey Ills plea was mot | guilty" and he had the best lawyers iu the county. The doubt which the officers brought back with them now began Co bear fruit When Mrs Mar tln took the stand, she positively lden- ! tincd the prisoner as Day On cross | examination she began Co wavcr. One ! of her children swore positively; nnoth- J CT thought SO" A clerk in the postof' flee was put on the stand Co Identify thc prisoner. He was positive ot first but ended by doubting, Only two young persons ou, Of thirty called to the stand were positive The defense claimed a case of mistaken Identity The prisoner declared his name to be James Bailey md that he was born of American parents ln Switzerland. He had come Co the United States as a tourist and had only been In the coun- try two weeks when arrested He had about Si.OOO In money, some of which was English gold.
 | When the trial In the higher court camc ou thc crew Of the freight train and the station agent were put on the stand. Each set out to be positive, but coch ended by doubtlnc. The tcstlmo- ny of the station agent was a fair sample:
 "Mr Jones. you were acquainted with Henry Day"
 "Ycs. sir"
 "Whut sort of nose had heT
 "Nosc, Why. a straight nose, sir"
 Sure or thisT"
 "Ycs, sir"
 That win do."
 The prisoner In tho box had Roman nose. Did Day have that sort Of nosel , One half the village said yes the other half no. The Widow Martin was de- ! tcrmlucd Co bc positive thls time. She | not only believed in what she was go- ing Co swear Co. but a hundred different people had encouraged her in her con- victlon This was the way she came Co grief:
 You think lt was about midnight when you awokeT'
 "Ycs. sir"
 "Wcll. what did you seeT'
 "I sow the prisoner at tho foot of ! Che bed and called out"
 Did you know who it was before you heard his yoiccY
 No, sir"
 "well. what did hc say?"
 He sald T want that money or Tll murder you %
 You were greatly frightened"
 "Ycs, sir"
 And yet, frightened as you were, you recognized hls voice"
 "Yes, sir"
 Well. let us sec if there is any sim ] narity. Prisoner. you will call out the words used by the man in the bed room"
 The prisoner compiled, seeming to put himself in the others place, and ! his words knocked the bottom out of the prosecution. Tho Widow Martin seemed stupchcd as she looked 0t him.
 "So you swear that this Is the voice you heard In your bedroom, do youT asked the lawyer.
 Fl can't say"
 or the two men who had been posi- tive at the preliminary examination one backed square down, while the other was full of doubts When the case was closed and the Jury went out. eight were doubtful and the other four not very positive, and the result was a verdict of mot guilty" Bailey remained In town for a couple oi 'wcclSs, meeting everybody as stran ger and wandering around to see th' sights. and then went quietly away.