The daily journal. (Salem, Or.) 1899-1903, 1902-05-16
A CASE Or IDENTITY

bis home with a widow named Martin,
who had three children. AS postmaster
he was known to every man, woman
and child for FIVE miles around, and
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
munity by charging him with attempt.
ed assault aud robbery. Her state
ment was to the effect that she had
been awakened about midnight and
found him In her room. She had that
cay received $1,000 I'm cash. and be de
manded the money. When she cried
out. he struck her with club, and dur
ing the few minutes she was uncon-
scious he secured the money and fed.
Did any one doubt her story? Was
there the slightest reason TO suspect
she could be mistaken 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 l o'clock a. m,
and the station agent had even spoken
senger. the conductor and two brake
men could fully Identify him. Was
there ever a palmer case?
Ii was three weeks before Mr.. Day
was overhauled and brought back for
trial. He was not even illustrated. He
calmly denied that he was Henry Day.
He denied that he had ever been in
Clayton. Indeed be was so cool and
nervy that the officers, who knew him
as well as they knew their own chill
dren began. 70 doubt II he were really
the man before they started back.
The prisoner declared the officers
mistaken. but made no objection to re-
turning with them. There were 800
people at the depot 10 see him. Every
one recognized him as Henry Day.
Next day he was arraiened before
justice OF the peace under that name.
lie denied it and gave his name as
James Bailey. His plea was mot
guilty. and he had the best lawyers
In the county The doubt which the
officers brought back with them now
began 10 bear fruit When Mrs. Mar
tin took the stand. she positively iden-
titled the prisoner as Day. on cross
examination she began to waver. one
Of her children sworc positively; anoth-
er "thOught So" 4 clerk In the pOstof.
ucp WIS pur on Jue sranu 10 idenury
the prisoner He was positive at first,
but ended hy doubling. Only two
young persons out OF thirty called TO
the stand were positive. The defense
claimed case of mistaken identity.
The prisoner declared his name 10 be
James Bailey aud that he was born OF
American parents IN Switzerland. He
had come 10 the United States as a
tourist and had only been in the coun-
try two weeks when arrested. He had
about 1000 In money, some OF which
was English gold
When the trial in the higher court
came on. the crew Of the freight train
and the station agent were put on the
stand. Each set out 10 be positive. but.
each ended by doubling. The testimo-
ny Of the station agent was a fair
sample:
Mr. Jones, you were acquainted
with Henry Day|
Yes, sir"
"What sort OF nose had hep
"Nose? Why. a straight nose, sir"
sure OF thisT'
"Yes. sir"
THAT will do.
The prisoner in the box had a Roman
nose. Did Day have that sort Of nose?
One half the village said yes, the other
half no. The Widow Martin was de-
termined 20 be positive this time. She
not only believed In what she was go
ing to swear TO- but hundred different
people had encouraged her In her con-
vlctlon. This was the way she came
TO grief;
"You think II was about midnight
when you awokeT
Yes, sir"
well what did you seeT'
II saw the prisoner at the foot OF
the bed aud called out"
did you know who ii was before
you heard his yolceY
NO, sir"
well, what did he say"
"He said. L want that money or I'll
murder YOU"
You were greatly frIghtenedT
Eyes, sir"
"And yet, frightened as you were.
you recognized his yoiceT
Yes, sir
well, let US see II there Is any sim
narity. Prisoner. you viii call out the
words used by the man in the bed.
room"
The prisoner complied. seeming 10
put himself In the others place, and
his words knocked the bottom out OF
the prosecution. The Widow Martin
seemed stupefied as she looked at him.
80 you swear that this is the voice
you heard in your bedroom, do youg'
asked the lawyer.
II can't say"
or the two men who had been posi-.
tive at the preliminary examlnation
one backed square down. while the
other was full OF doubts. When the
case was closed and the jury went
out, eight were doubtful aud the other
four not very positive aud the result
was a verdict OF mot guilty" Bailey
remained IN town Tor couple OF
weeks, meeting everybody as a stran-
ger and wandering around 60 see the
sights, and then went quietly away, 70
De seen no more. Was he Bailey or
Dayt | have told you how they failed
10 prove be was anybody but Bailey,
and yet lie was Day, Years afterward
] Interviewed him fn a Coufh rer,ti,,.