The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1914-05-08
Two Cases Of
Circumstantial
Evidence
By SARAH BAXTER

By SARAH BAXTER
Judge Erskine Of the criminal court
was dispensing justice to the unfor-
tunate when a request came over the
telephone that he come home imme-
liately. Realizing that something mo-
mentous had happened In his house
hold, he adjourned the court and left
for his residence. On reaching it he
found his daughter, a girl of twenty,
in charge Of a policeman.
'I'm only obeying orders, judge"
said the man. who recognized the
Judge.
"What does this meanY'
1--WE don't know" sobbed the prison
er. Some one reported to Hammer
stein & Co. that they would find goods
stolen from their dry goods store be-
tween the mattresses of my bed. A
man came here representing himself
as q water inspector and found those
things"
Don't cry, Lulu; it will be all right"
Though the judge treasured his
daughter, he could not reassure him
self. He did not doubt that some one
had laid a trap for him, but remem:
bered that all are supposed to be equal
before, the law, and unless he could
prove a conspiracy there was trouble
ahead. He cast q glance at some laces
in the hands of a man in plain clothes,
then went with his daughter to court,
where. having furnished bail, he took
her home. Then he repaired to the
office of the head of the firm Of Ham
merstein & Co.
All Mr.. Hammerstein knew about
the matter was that they had received
an anonymous note informing them
where certain of their stolen goods
were to be found, and they had sent a
detective to the address. He had Sc
cured entrance as a water inspector
and found the articles. The Judge
went away much depressed. The offer
Of Mr.. Hammerstein to refrain from
prosecuting the case did not relieve the
former because the state would surely
prosecute anyway. and. eve If the
case was not tried, the stain would
remain. Judge Erskine believed that
some criminal whom he had sentenced
had taken this method of revenge.
A few days after his daughters ar
rest he received the following note:
Judge Erskine:
SRA few weeks ago you sentenced
Edna MacAlpine to state prison on a
charge Of shoplifting at Hammerstein's.
While she was shopping there. q thief who
feared to be caught with the stolen goods
on her, noticing q bag lying on tho coun-
ter. put the goods in 1t. A few minutes
later. n Of the store detectives arrested
Edna MacA1plne, to whom h bag be-
longed. I know this, but I can't prove It.
Can't you secure q pardon for Edna
MacAlpine3
Here was the explanation. Some per-
son In the interest Of one whom the
Judge had sentenced. either guilty or
not, had undertaken to force him to In
tercede with the governor for a pardon.
There was no signature to the note.
nothing BY which to trace the writer.
The fact that It did not refer to the
case against his W daughter did not
change the judges opinion. He be-
lieved that IL he secured a pardon for
Edna MacAlpine he would receive an
generation for his daughter. At any
rate, It was the only way that sug-
gested itself to free. his daughter from
the charge. ~
Judge Erskine went at once to the
governor and represented the case to
him. There was no evidence that he
could consider to prove that Edna Mac
Alpine had been wrongfully convicted:
but, being a practical man. he put the
same Interpretation as the Judge on
the connection between Miss Erskine's
arrest and the letter, her tfBthsr had re
ceived. Aspsfdonarequifes "a good deal
Of delay, mt this one after mucl,
labor and tie cutting Of. good deal OF.
red tape. was finally worked through.
and Edna MacAlpine was released.
The very evening the prisoner was
returned to her home a woman called
on Judge Erskine and said to him:
II am the sister Of Edna MacAlpine.
who IL as innocent Of the charge OH
which you sentenced her to prison 10
your daughter 10 Of a like offense. I
took the laces found In her possession
and went to your house on various
pretexts till l gained admission to her
room. where. when not observed. l
placed them between the mattresses Of
her bed. l then informed Hammer
stein & Co. Of their being there. My
last net In obtaining Justice for my sis
ter was to write you the note you re-
ceived asking for her pardon. / dared
not refer In the note to your daugh-
ter's' case or sign my name lest y0u
accuse me Of conspiracy. and yOu
might have proved me guilty. In any
event this course would have destroy.
ed my chances for obtaining the par
don. Now that my sister Is free you
are welcome to prosecute me for con
spiracy or any other crime" NEE
The Judge listened to this confession
with intense anxiety. "You have con-
WINGED me Of your sisters innocence
Of the. crime for which I sentenced her,
for were she guilty she would not have
inspired the devotion Of % splendid 4