Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1902-05-09
A CASE OF IDENTITY
Copyright, 1902, by G. B. Lewis.l

time l write of and for two years pre-
viously was single man, thirty-f1ve
years old, named Henry Day. He made
his home with 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 and robbery. Her state
ment was to the effect that she had
been awakened about midnight and
found him in her room. She had that
day received $1,000 in cash. and he 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 1 o'clock a. m,
and the station agent had even spoken
to him. AS he was the only pas
senger, the conductor and two brake
men could fully identify him. Was
there ever palmer case?
1t was three weeks before Mr. Day
was overhauled 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 well as they knew their own chill
dren. began to doubt If 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 500
people at the depot to see him. Every
one recognized him as Henry Day.
Next day he was arraigned before |
justice of the peace under that name |
He 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 to 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 swOre positively; anoth-
er Thought So" a clerk in the pOStOf-
flee was put Oh the stand to Identify
the prisoner He was positive ut first.
but ended by 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 to be
James Bailey and that lie was born Of
American parents i'm Switzerland. He
had come to the United States as
tourist and had ONLY been in the cOun-
try two weeks when arrested. He had
about $1,000 in money, some of which
was English gold.
When the trial in the higher court
came on. the crew of the freight train
md the station agent were put on the
stand Each set out to be positive. but
zach ended by doubling. The testimO-
ny of the station agent was fair
sample:
"Nlr. Jones, you were acquainted
with Henry Day"
Eyes. sir"
m Of a
"Nose? Why, a straight nose, sir" {
Sure of this?'
Eyes, 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 I
half no. The Widow Martin was de- '
ermined to he positive this time. She |
lot only believed in what she was 60 !
ny TO swear to. bat hundred different
people had encouraged her in her con- S
;iction. This was the way she came S
o grief; '
you think it was about midnight [
when you awOke|' J
"Yes. sir I
"Well. what did you see?"
81 saw the prisoner ut the foot Of l
he bed and called out" l
"Did you know who it was before l
'ou heard his vOicc?' i
"NO, sir" Il
"Well. what did lie say?" Il
"He said. Il want that money or I'll =
murder you.
You were greatly frightened"
Eyes. sir"
"And yet. frightened as you were, ),
on recognized his voice." u
Yes, sir" Il
"Well let us see if there is any sim
arity. Prisoner, you will call out the (
rOrds used by the man in the bed u
Oom."
The prisoner complied, seeming to :
ut himself in the others place, and D
is words knocked the bottom out of V
ne prosecution. The Widow Martin "
acmed stupefed as she looked at him. u
so you swear that this is the voice ii
on heard in your bedroom, do you" G
sked the lawyer. 81
II can't say" r'
or the two men who had been posi- o
We at the preliminary examination "
ne backed square down, while the
Their was FL Of doubts. When the u
lse was closed and the jury went t'
ut, eight were doubtful and the other
'ur not very positive, and the result
as verdict of mot guilty" Bailey
'mained Ia town for couple of
ceks. meeting everybody as q stran-