15
000.00
468.83
900.00
211.29
580.12
ney.
18-
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to com-
which
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)CCupa-
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hear that Mis Frick that same day
had given it to her maid as a present,
and on looking at the photo I became
convinced it wws the maid.”
Counsel for tne defence—"Good! Are
you also quite sure that the picture you
now see here ls theisame as that you
took on that ovcasion? The film has .
been several days out of your keeping,
and in other hands.”
The young Englishman seemed rather
impatient at this examination. « “If the
film has not been tampered with at the
photographer’s,” he exclaimed, quickly,
“it is the picture of what I saw in the
museum. Whether it has been tampered
with or not, I see here before me the
same person, in the same position, and
in the same room—others must now de-
cide which is most probable.”
He took up the picture again, ex-
amined it carefully, and handed it back
to the public prosecutor.
“I have only wanted to show,” said
the counsel for the defence, quietly,
“that you yourself at one time have
doubted the identity of the person who
stands in front of Miss Frick’s cup-
board in the photograph. I have now
only two other questions to ask you.
“What was the time when you took
the photograph?”
Witness— About six.”
so that a person appears in the room
on the picture?”
The public had remained unusually
silent and attentive during the whole of
the proceedimgs; at this question the si-
lence became still more intense. Every
one understood the counsel’s object in
putting this quesfion—that each one of
his questions was an attempt to clutch
at a last straw in the interest of his
| client; but all understood also that each
straw slipped out of his hand, one by
one. The same happened to this ques-
tion. The witness answered, without
any hesitation: “It is possible, sir; but
every experienced photographer would
tell you that this has’ not been attempt-
! ed in the present case.”
Counsel for the defence—*Are you '
not able to give the time more exactly?
Might it not just as well have been
half-past six?”
Witness—"‘1 cannot give the exact
time. I didn’t attach much importance
to the incident. When I had taken the
photograph 1 went up to my room, and
was busy there for some time before I
left. It was then about seven, so from
that I conclude that the photograph
was taken about six.”
Counsel—“Might it not have been a :
little over half-past six?”
Witness—*“No! I can be quite certain
it was not over half-past six.”
Counsel—"Could you see that the per-
son held the diamond in her hand? In
the photograph the object which she
holds is hidden by her shoulder.”
Witness—“When I first caught sight
of her, she held the diamond somewhat:
higher, so that I was able to see it;
afterward she lowered her arm, and
while in that position she was photo-
graphed.”
The counsel for the defence seemed
to be satisfied.
Then Mr. Rodin, the photographer,
was called as witness.
The well-known artist, whose pleas-
ant manners have obtained for him so
many customers and friends, bowed to
the judge and court, and, the usual for-
malities having been observed, he an-
swered quickly and decisively the ques-
tions which the public prosecutor put
to him.
Public prosecutor—“Do you recognize
this photograph? Has it been in your
hands before?”
Witness—“Yes! this film, together
with some others, was given me to de-
velop, by Mr. Howell,’ on the evening
of the roth of May, about seven or
half-past.”
Public prosecutor—“And are you sure
that this photograph is an exact re-
production of the negative?”
Witness (smiling) —“The photograph
cannot lie, sir! Even if I had wished
it, I could not have produced anything
else than what was to be seen in front
of the apparatus at the moment it was
opened to take the photograph.”
The public prosecutor finished his ex-
amination, and the counsel for the de-
fence began his.
Counsel—"Can you be certain that
this photograph is the same one which
you developed : several weeks ago for
Mr. Howell? It has not been in your
possession since?”
Witness—*Yes, sir, I am quite sure;
you can see for yourself that my in-
itials are written on the back ;—look,
O. R. 10/5, H. 10. The first are my
initials, then follows the date it was
received, then the initial of Mr. Howell's
name, from whom 1 ‘received it, and
lastly, tHe number in the series. The
roll which he brotight me that day com-
sisted of ten films; this was number ten,
the last photograph he had taken.” .
Counsél—“You cannot, however, be
quite certain that this is the same pic-
ture which Me. “Howell brought” you.
During the work, some of your people
might have mixed Mr. Howell's pictures
together with other people’s. Such a
thing might happen, might it not?”
Witness—=“N@g, sir; T develop all Mr.
Howell's films with my own hands. He
is very particular about them. As you
will see, this picture is very clear and
distinct, and 1 flatter myself that all
the pictures which have passed through
my hands are the same—that is to say,
svhen such an expert snap-shot taker as
Mr. Howell has taken them.”
Counsel—"15" there any reason, Mr.
Rodin, why one could not photograph
first the room, tHen d"person, and them
transfer that person to the first picture,
~
| lover, the actor, to give evidence.
The young advocate looked disap-
pointed. He made a motion like one
who washes his hands, and allowed the
witness to step down.
The photograph was sent round
among the members of the jury and the
court, while the next witness was being
called. It was the young chief
of the detective force, Charles
Monk. The public hailed his
appearance with murmurs of appro-
{ bation which must be just as much
attributed to his winning appearance
as to the reputation he had already
gained as a police officer. His evidence
was calm, clear, and concise, as befits a
policeman, and all listened with breath-
less attention to the account of how
the young chief had taken upon himself
the role of detective, and had not rest-
ed until Mr. Frick’s diamond was in the
hands of the police. When Mr. Monk,
in his evidence, came to speak of his
visit to Jurgens, and of the stratagem
he had used to deceive the old man,
many of the spectators began to clap
their hands and shout, Bravo! The
judge's authority for the moment had
to be called into account to produce
silence.
Although there was scarcely a person
in the court who did not wish that the
young girl in the dock should be ac-
quitted, so paradoxical is human nature
that the same people applauded the great
skill with which the net had been drawn
around her.
The last hope for the prisoner seemed
to vanish at the evidence of the de-
tective.
The counsel for the defence had not
many questions to ask. He tried to
show that both on her arrest and upon
Mr. Monk’s first visit to her mother’s
home, she had been in an irresponsible
condition, and for that purpose he had
no doubt summoned her mother and her
Al-
| though their evidence was a voluntary
matter, owing to the relation in which |
they stood to the accused, they both de-
tain, but he soon dscided upon the line
he would take.
He did not want to conceal, he said,
that he was in a very difficult position,
and the one who made his position
most difficult of all was his client.
All had heard that the young girl
who was charged with having stolen the
diamond, which was now lying upon the
table in court, had at first confessed,
but had afterward retracted her confes-
sion, and otherwise refused any infor-
mation whatsoever in the matter. But
what every one, in all probability, did
' not know, was that she had maintained
clared- themselves: willing to, tell what
they kmew. Their svidence did mot,
however, throw any new light on the
matter. Both were convinced: of the
young girl’s innoceuce, and asked the
court not to believe her, even if she .
should again confess. She had always
been of a nervous temperament, and
often a little strange,
Neither the loquacious woman with
the ruddy complexion, nor the poma-
tummed Don Juan, whose shady char-
acter is so well known in the fown,’
made a good impression; and the coun-
sel for the defence concluded their ex-
amination as soon as possible. The
general impression was that he, for the
defence, had originally intended to prove
that his client was irresponsible, but
that during the proceedings before the
court he had abandoned this line of
defence. ’ :
* * * * * * *
I had proceeded thus far in my read-
ing when 1 stopped and looked at my
friends. Clara was listening with her
mouth open, and did not seem as if she
would tolerate any interruption. Monk
sat silently in an armchair in the dark-
est corner of the room.
“Shall I continue?” I asked, “or will
you allow me to ask a question?”
“l would rather you read the news-
paper account to the end, first,” was
Monk’s answer; and I heard by the tone
of his voice that he was unusually
agitated.
“Yes, go on reading, and let us hear
what happens,” said Clara, trying to
look over my shoulder.
I read as follows:
a, The examination of the wit-
nesses for the defence was concluded,
and the public prosecutor rose.
speech was short and pithy.
the same silence with regard to him, her
counsel and adviser. He had not suc-
ceeded in getting a single word from
her lips, except the assurance that she
would say nothing, would answer no
questions, and would give no informa-
tion. “I thought it only right,” con-
tinued the young advocate, “to make
this’ open declaration, in order that:my
inability to give information which
might be to the advantage of my client
should not be misunderstood. You must
not believe that I have received any
information from her, and that I have
not found it to her advantage to make
use of it.
“It appears to me, and I hope the
gentlemen of the jury will agree with
me, that the unfortunate girl, paralyzed
by the terrible blow of suspicion which
has fallen upon her, and feeling how
terribly hopeless her case is, through the
strong appearances against her at al-
most every step, has found it expedient
te draw within herself and keep silence,
just as the hunted deer withdraws to
its cave, even if death awaits it there.
No one has a right to construe my cli-
ent’s .silence as a confession, or the
result of a consciousness of guilt.
“The diamond was stolen in the in-
terval between five and half-past seven
in the afternoon. Of these two hours
and a half my client spent only half an |
hour’s time within the walls of Villa
Ballarat, while many persons were pres-
ent there during the whole time. It
has Been proved, says the public prose-
cutor, that no stranger could have
gained admission there during that time;
but can we be so sure of that? An agile
man can easily climb over the railings—
no one will deny that; The police ex-
amined the ground round about, and no
trace was found, may be said in ob-
likewise that she wore the same clothes
when she called on her mother be-
tween half-past six and seven. I admit
there is a probability which approaches
to certainty, that it is my client who,
in the photograph here, is standing in
front of Mr. Frick’s cupboard in the
so-called museum. One can also see
that she is holding some object in her
hand. Yes, I even go so far as to ad-
mit that she is most likely looking at
the black diamond. But from this mo-
ment my conclusions cease to coincide
with those of the public prosecutor.
“Why should it follow that she also
took the diamond with her?
“What if my client, on passing
through the garden and seeing the door
open to the muesum, goes inside, and
out of curiosity has a look at the black
diamond about which there has been so
much talk among the people of the house |
while she was serving the coffee in the |
afternoon, and then puts it back again
and passes out through the garden, on |
her way to her mother? What ir she,
later on, after hearing of the robbery,
understands that she has been impru-
dent, and then does a still more impru=-
dent thing by trying to conceal her visit
to the museum, and finally, when al-
most crushed under the shame and fear |
of being arrested, acts as she afterward
did?
(To be Continued.)
LEGAL
APPLICATION FOR !
STATE AID ON ROUTES.
To the Commissioners of Somerset
County:
WHEREAS, The section of highway |
in Meyersdale Borough, County of
Somerset, Commonwealth of Pennsyl-
vania, being about 3150 feet in length :
and situated as follows:- Beginning
at the intersection of the State High-
way in Summit Township and Salis-
bury. street of Meyersdale Borough
(at the Borough line,) thence along
i 11th street of said Borough to Beach-
jection. But we know that expert crim- |
inals are often very dexterous in de-
stroying all’ traces after them; and no:
one will maintain that the police are so
infallible that a trace cannot have es-
caped them.
“One need not be gifted with great
“acuteness im order to guess what is
passing ‘through the minds of the gen-
tlemen of the jury at this moment:
what can be the use of all this? The
main proofs against the accused still
remain unassailable. But let us look
into some of these proofs, which, ac-
cording to the opinion of the public
prosecutor, are so strong that they are
._ even more reliable than a confession.
i The old man who bought the diamond
has himself said that he bought it of
the young girl whom I defend, and
there can be no doubt about this, al-
though he has not appeared in. court
as a witness; we have the evidence of
the head of the detective department
with regard to it, and that must be suf-
ficient. But—here is also a ‘but’ just
as there is 'a ‘but’ in all the so-called
infallible circumstantial evidence against
the accused—is, then, the word of an
imbecile man in his second childhood
to be fully depended upon—a man who
immediately afterward is declared in-
capable of managing his own affairs;
who is‘so infatuated with his mania that
he, whose honesty is otherwise not for a
moment to be doubted after a long life
of spotless integrity, buys a diamond
which. he knows must have been stolen?
Shall the evidence of such a man de-
3 i ? i
cide the fate of a human being? And, io o adopted by the said Borough
besides, is this man’s evidence quite im-
partial? We have heard, from the ac-
count ‘of the chief of the detectives, that
* the old man tried to conceal the fact
His i
He thought all must agree that the
charge he had preferred against the ac-
cused had been fully proved by the
evidence given in court.
With regard to the responsibility of
the accused, he also believed that this
had been asserted beyond all doubt;
the opinion cf the medical men was
definite, and the evidence by which the
defence had attempted to weaken these
were but of little value. He did not be-
lieve for a moment the counsel for the
defence would seriously question the re:
sponsibility of the accused. That the
feeling of having committed a great
crime, and of having to answer for it,
might have caused the conduct of the
accused to appear strange, and.to some
degree self-contradictory, was only nat-
ural.
That" the. .accused had - retracted her
first confession, and later on, had re-
fused to give any explanation whatever
in the court, thight perhaps surprise
some; but itucould in mo way weaken
the clear and: distinct proofs of ‘her
guilt. Tt was perhaps to be regretted
that the police had not succeeded in
ascertaining where the money for the
stolen object had disappeared to, as this
circumstances prevented any possible
accomplices being brought to justice.
It was likewise to be regretted that mo-
tives for the crime could not be ‘suffi-
ciently explained; but the accused was
no doubt herself principally to be
blamed for this, through her persistent
silence. None of these circumstances
ought, however, to have any influence
upon | the answer of the jury to the
question, “Guilty or not guilty 2”
The counsel for the accused: rose to
begin his speech for the defence. He
seemed at first to be somewhat uncer-
that he was in possession of the dia-
mond; in his imbecility he is, however,
conscious that he has done something
wrong, and is, to a certain degree, cun-
ning, and on his guard. What, then, is
more probable than that he, who sees
that he has been discovered, is wily
enough to give an explanation which
makes it probable that a servant would
have the disposal of the diamond at her
command? Who dares maintain that
the old man spoke ‘the truth on this
occasion? It is, however; just: as much,
if not more probable, that he resorted
to telling the first untruth that came
into his head!
“And ‘what has" become of the five
thousand kreniers, which he says he has
paid for the diamond?
“It has not been possible to ascertain,
says my. opponent; but: on the ‘whole he
seems to. lay little stress upon the cir-
cumgstarice.,
It seers to me that this circumstance
~that no'trace whatever has been dis-
covered of the money—is quite an im-
portant one. We know that the most
able detectives have been engaged. in
tracing it—even the fiancé of my client
was arrested in’ Copenhagen im conse-
quence thereof ; both she and her mother
have been watched. most closely—but
still no. clue. Are not these circum-
stances important? Is there not more
~thamone proof that the police have been
on: the ‘wrong track, that the thief is
not the one who has been arrested, and
that they have been investigating in
a direction where there was nothing to
look for?
‘But it may be said that the principal
proof still temains unshaken; the ac-
cused has, by a remarkable coincidence,
been: photographed. in the act of com-
mitting the theft, that.cannot be denied
or_ explained away; yes—I venture to
maintain there is no proof of the guilt
of the dcciSed in this. I admit that
most probably it is the young girl who
has been photographed on this-film. The
hat anid the jacket which she wears were
given to her by Miss Frick about six
o'clock in the “afternoon “of the same
dav: this we know from the evidence}
ley street, thence along Beachley
street to the new bridge at Front
street in said Borough.
WHEREAS, State aid is desired for
the permanent improvement, with
brick, of the section of highway in
Meyersdale Borough, under the Act
approved May 31, 191%, providing for
the establishment of a State Highway
Department, etc., and supplement ap-
proved June 5, 19183, therefore be it
RESOLVED, That the Borough
Council of said Meyersdale Borough,
in regular session assembled on this
6th day of July, 1915, do on behalf of
said borough hereby petition for State
aid as hereinbefore stated, and be it
further
RESOLVED, That the said Borough
Council do agree for themselves and
their successors in office to provide
for the payment of and to pay to the
Commonwealth from the borough
funds, in the manner provided by the
said Act, and the supplement hereto,
one-fourth of the total expense of said
improvement when due, and be it
further
RESOLVED, That the Commission-
ers of said County of Somerset be and
are hereby petitioned to join in re-
questing the State Highway Depart-
ment to extend State aid for the said
‘road improvment, under the said act.
|
Approved September 7, 1915.
The foregoing is hereby certified to
be a true and correct copy of reso-
Council of Meyersdale Borough, Som-
erset County. :
VALENTINE GRESS, Burgess.
Chas. H. Dia, Pres. of Council.
Attest:
E. J. Dickey, Clerk.
1, BE. J. Dickey, Clerk of Council of
the Borough of Meyersdale do hereby
certify that the above resolution has
been recorded in the Borough Ordi-
nance Book and has been advertised
i
as required by law.
BE. J. DICKEY, Clerk.
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