The daily journal. (Salem, Or.) 1899-1903, 1902-10-07
A CASE Oh IDENTITY

tsa proved above any CLler LDhn r CN'
| ro-uing Dav vas missing, and within
An hour the widow startled the com
munity by charging him with attempt
! 81 assault and robbery. Her state
ment Vas 10 the effect that sbe bad
ben awakened about midnight and
/ found him in ber room. she hhd tha'
Ssv received 5000 10 cash. and be de
I mauded the money. When she crled
ont be struck her with q club, snd dur
ing the few minutes she vas uneon-
scious be secured tie money and led
Did any one d0ubt her storyl was
there the slightest reason 70 SUSPECT
she could b mistaken? She had seen
him and heard his voice. So also had
Frank and Hattie as be left the house
he lad taken q freight train which
passed the station az O'clock a. n,
and the station agent bad even spoken
TO him. As be was the only pas
senger. the conductor and two brake
men could fully identify him. Was
there ever a palmer caset
IL was three weeks before Mr.. Day
was overhauled and brought back for
trial He was not even frustrated he
calmly denied that be was Henry Day.
He denied that be bad ever been in
CLAYTON. Indeed Be was 80 cool and
nervy that the officers, who knew him
as well as they knew their OVID chill
dr-n. began 20 doubt Il be were really
the man before they started hack.
a a 81
mistaken. but made 10 objection u ~
turning with them. There were 90
neopIe at the depot % see him. Every
ole recognized him as Henry Day.
Next day Be was arraiCned before a
lust 80 u the peace under that name.
ne denied it and gave bis name as
James Ra.ley Ills plea was mot
guilty. a-I be had the best lawyers
in the county The doubt which the
,Hlre-s brought back with them now
oe-aa 70 tear fruit When Mrs. Mar
lin t10k tire stand. she positively iden-
.iG,l The prisoner az Day. On cross
exam. Iratioa she leCan % waver. One
HIl.r ,a1irpa sworc positively. anoth.
r. -.LJu-lf 80" A clerk JOB the post0f.
s.. -g. uut oa tue rrunu 70 icenuIy
ae prisoner. lie was positive az hIst.
.-I ended by doubt.nE Only tvo
.1-rz persons Out q thirty called 10
, stand were positive. The defense
-lel q case o. misraken Identity.
Iio prisoner declared his name t0 be
Iames Bailey aud that be was horn %
American parents .a Switzerland lie
lad come 90 the United states o. q
tourist aud bad only leen iu the cCu--
try two weeks when arrested. uC hal
about Sltru in money. some o. which
vas Euei $50 s,l'
Wien ,ue -riai iI tie higher court
aud Oh. ,tsUon agent were put on the
stand. Ea,h ~,.t out 20 IT, positive. bur
zach ended by douh,.us. TIE tesumo
ly ~ tile station agent was fa.I
sample:
NJ Jones you We're acquainted
with Henry Day.
Eyes. sir"
"Wlat sort o. nose had heT'
-NoSes Why. a straight nose, sir
sure q thlsy'
Yes. sir"
That viii do"
The prisoner In the box had a Roman
nose. Did Day have that sort of nose1
One bali the village said yes. the other
half no. The Widow Martin was do
ternined % be positive this time. She
not only believed 10 what she was 60
Ing 20 swear %. but a hundred different
people had encouraged her IN her con-
Victlon. This was the way she cane
20 grief:
You think Il was about midnight
when you awokey'
Yes. sir"
''Well, what did you seeT'
Il saw the prisoner az the foot Of
the bed aud called out"
Did you know who lt was before
you heard bis voiceE'
"NO. sir"
well what did be say
HE said. ! want that money or III
nurder you
You were greatly frlghtenedy"
"Yes sir"
"And yet frightened as you were.
ynu recognized his voice."
Yes. SIR"
"Well let US see n there Is any sim
ilarity. Prisoner. you viii call out The
words used by the man IN the bed.
room"
The prisoner complied, seeming 70
put himself 10 the others place. aud
his words knocked the bottom out OF
the prosecution The Widow Martin
seemed stupehed Is she looked az him.
SO you swear that this Is the voice
you heard 10 your bednoom. DO your
asked the lawyer.
~ cant say"
or the two men who had been posL
tive al the preliminary exaulnation
one backed square down. while the
other Was fun % doubts. When the
case was closed and the jury went
out. eight were doubtful aud the other
four not very positive, and the result
was verdict OF mot guilty Bailey
remained IN town for a couple of
weeks. messing everybody as a stran-
ser and wandering around 10 see the
sights. and thea went quietly away. 70
be seen no more. Was be Bailey or
Day. I have told you how they failed
20 prove be was anybody but Bailey.
and yet be was Day. Years afterw ard
interviewed him M a South Carolina
jail Tor two DAYS before be was 10 Il