The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1908-10-01


The register il in good order simply
records the amount of the sales from
Friday until the following Tuesday
Consequently 40 far as the evidence
shows there is no means of arriving at
the amount OF money. if any, which
was taken between the time Of closing
Sunday night and the discovery on
Monday morning.
In n case Of larcency where there are
several grades Of the crime depending
on the amount and value of the proper
ty stolen it is absolutely essential that
the value be fixed absolutely before the
grade of the crime can be charged. Up.
on the amount and value also depends
the exercise of jurisdiction by different
Courts. Upon such determination also
depends the right of a party charged to
immediate trial for petty larceny in
, lower court or whether he shall be de-
tained in prison in default of bail for
months before the question of his guilt
-
ference of single penny makes the
difference between an offense puuishab-
le by Imprisonment in the County Jail
ard one punishable in the states prison;
between a misdemeanor and felony
Under such circumstances the amount
stolen must be fixed beyond all question
in 70 otnh l;ch .
committed
In my judgement this has not been
done by the testimony before me.
But if we concede that it is establish.
d that the amount of money taken was
thirty nine dollars and the taking was
established thereby as grand larceny,
what is the evidence to connect this pc
titioner with such crime
If we give to the testimony of the
witness Young the almost force which
can be claimed, it would appear the
money was taken some time between
the evening Of Sunday night and Mon.
day morning, during AL that time the
register laid entirely unlocked, the key
in the drawer, and any person who
could obtain access to the room could
abstract the money. There was a door
between the saloon and the butcher shop
continually open; the person waiting
upon the saloon was not always present.
1t does not appear that any one knew
at the time Of closing that the money
was still in the register Mr.. Young's
testimony is that the money WAS in the
drawer when he sereed the last custom.
or IN the butcher shop and made three
dollar sale, but how long before closing
does not appear, nor docs it appear that
there were no other persons IN the "a.
loon after that. He closed about 500
o'clock or $50. 1t appears in the testi.
mony that there were a: least four per.
sons who were in the habit of going
ont and in to the butcher shop and sa.
loon, participating in the business and
manipulating the Cash Register, besid,
es the servant girl who would 90 to
the butcher shop to get articles kept in
the ice box.
1t does not appear that the accused
was at or on the premises after Sun.
day morning when he settled his bill
partially in advance announcing his in
tention to leave early next morning ex,
| cept that he returned late at night and
went to his room He had already
packed his satchel and carried it to the
depot
Nor does it appear that at any time af.
ter the alleged larceny, was the accused
found in possession of larger amount
OF money that 1t was reasonable he
would posses under all the circumstanc.
| es OF the case, nor is there any evidence
whatever that the accused was near or
In the room where this cash register
WAS placed
80 far as opportunity is concerned it
seems to me that Suspicion points equal
| ly rs strong in the direction of several
other persons and if mere suspicion and
opportunity Were enough any one of
them might be arrested and held for
trial with eqnal prJpriety.
The District Attorney frankly admits
that with the evidence as it stands. no
further evidence being found, the nc.
cused would be entitled to dismissal
of the case. 1t woni be equally the duty
Of the court to dismiss the case without
putting the accused to the hazard of a
jury or il II jnry shonld bring in yer.
dict OF guilty to set the verdict aside.
But he argues that there il cause to he.
lieve him probably guilty and should be
held pending the 4uit for further tes.
timony.
IL seems to me that in case of this
kind where the same kind Of presump.
tion attaches to any one of several diff.
ferent persons som thing more il re
qnired than mere proof Of opportunity
a