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“I ask any person of common sense
is there anything more improbable than
that this young girl, who has always
shown the most exemplary honesty,
should commit this daring theft without
any special motive? This young girl,
who was not in need, and who in her
master’s house had found a home al-
most as if she were one of the family
—this young girl who knew that if she
were in avant of money for any special
object ther young «mistress would not
deny her iit, even iif it were a consider-
able sum!
“Is ‘this ‘more probable than ‘that ‘her
presence in the museum was due to an
accidental circumstance of no signifi-
cance, and that the theft nas afterward
been committed by some, one else?”
The counsel for the defence was here
pnner, which was no
doubt flattering toghim; from the audi-
ence came the sound of more than one
hearty Bravo! while a hoarse voice, full |
of. sincere conviction, exclaimed, “Ah!
he’s about right there.” :
Silence’ was soon obtained, and the
counsel concluded his speech thus: “It
is an old experience of the court that
the chain of evidence which seems
strongest, and in which the links seem
to fit exactly. into each other, is in real- |
ity most often the aveakest. I wilt ask
the jury to bear this in mind. And I
believe that I have atleast shown you
that in the chain of the public prose-
cutor which seemed to fit so beautifully
there is not one link which can be called
faultless.”
The counsel resumed his seat, and the
public made an attempt to applaud him,
but the judge quickly imposed silence, |
and the public prosecutor rose to reply. |
He had followed the speech of the |
counsel for the’ defence with interest and
approval, the latter no doubt arising
from the same cause which had dic-
tated the applause” of the public—that
is to say, admiration of the counsel’s
ability to make something out of noth-
ing, or of an inconvenient subject. At
this point the public prosecutor nodded
in a friendly way across to the counsel
‘for the defence, who smiled in return.
He found, on the whole, his chain
of evidence so little weakened by what
the defence had brought forward, that
he did not think it necessary to go
through it again. He had such great
confidence in the intelligence of the jury
that he would take it for granted they
would have remarked, without his point-
ing it out to them, that where he had
produced facts, or probabilities which al-
most amounted to facts, the counsel for
the defence had only set up possibili-
ties, and even improbable possibilities—
with this, he would leave the matter in
the hands of the jury. .
The counsel for the defence then pro-
ceeded to make his final speech.
The public prosecutor had himself
admitted that ‘there were possibilities
that the theft had not been committed
in the way the prosecution had asserted.
It would be the duty of the jury to de-
cide as to the: probability or improba-
bility of the possibilities. He would
conclude by saying that when to these
possibilities was added the stainless life
of his client, and the good character
she bore from all quarters—no one had
brought forward anything to the con-
trary—as well as the circumstance that
no one had been able to show any par-
ticular motive for the young girl's sud-
denly committing a criminal act; and
finally, that it had not been possible, in
spite of the most energetic exertions of
the police, to show that his client had
been in possession .of, or disposed of,
the ;money which was 10 have been the
reward of the crime of which she was
accused—then he did not doubt that the
|
i
conscientious jury would not pronounce
to ‘the question”
the fateful “Yes”
“Guilty 2
The: counsel sat down, but no ap-
plause was heard this time from the
public. All seemed to be convinced that
his exertions had ‘been in vain.
The time approached when the jury-
men-hagd ta ratios. All seemed to feel
that their deliberations would be short,
and the result an unanimous yerdict of
OF ‘what -avail could'be the eloquence
or the cunning subterfuges.of a counsel,
against proofs and fgets as clear as
those which the. public. prosecutor had
produced? :
The judge asked
had anything to say.’
toward her, and appears to be urging
something: earnestly upan her; but she
only shook her head ax-hefore, and. the
young man sat dows with an air of
resignation.
fhe accused if she
CHAPTER ‘IT.
THE PHOTOGRAPH CANNOT LIE.
Tae public prosecutor had begun to
gead the questions which were to be
faid before the jugy, when he was in-
terrupted by a noise from the back of
the court. Many of the public rose
read, passed his hand across his fore- :
: head, and read the letter again.
a
srom their seats in order to see better,
What could be the matter?
A messenger of the court had forced
his way through the crowd to the coun-
sel for the defence, and handed him a
letter, saying a few words, which those
nearest to him could hear. The mes-
senger said: “You must read it at once,
sir; it has to do with the case now
before the court.”
The counsel tore open the envelope, i
geara—wot [0T, Bin cleat and @lfinct:
“The rings and earrings she got
from me. They were presents, and
she could do as she liked with ¢hem.”
The judge enjoined the young lady
in a friendly but decided tone not to
speak until she was questioned, and
the young lady sat down, blushing.
Counsel—"Had you a visit from the
young girl on the roth of May last?”
Witness—“Yes, most likely.”
Counsel— “Most likely? Be goed
enough to explain yourself more clearly;
or does it mean that you remember
“nothing about that day?”
Witness— Well, yes, I can well
enough explain what I mean. 1 have
nothing to hide—the law and the police
1 have always esteemed and respected”
—here an ironical voice was heard ex-
claiming :
“You are about right there, Abra-
hamson!” which was followed by loud
laughter.
He crushed the paper in his hand,
stepped quickly forward, and as the
public prosecutor had not resumed his
reading, he addressed himself to the
judge, saying, “I must ask that an
hour’s postponement be granted to my
client ; in that time I believe I can bring
| hefore you, gentlemen, evidence which
will throw a new light upon the case.”
1 * * * * * * *
An hour passed by, perhaps a little
The witness, with a scornful glance
at the corner where the interruption
came from, continued: “No, I have
nothing to hide. On the 10th of May
a lady came to me and asked if 1
would lend her some money on some
jewelry—a lot of rings, brooches, and
bracelets with precious stones in them.
She had a veil over ‘her face; but 1
thought I recognized ‘the young girl
whom you call Evelina Reierson.”
Tounsel— Was it not, then, the young
girl who sits here?”
Witness—"1 don’t know.”
Counsel—Don’t know?” :
Woitnwess—"“F you -will give ‘me ‘time,
you shall hear. I said at once that
1 could not accept such valuable things,
unless she cquld shew. .she was author-.
ized to pawn them. “Phen. she answered.
that if we came to. @n understanding,
she would prove she was: the. owner Of:
the jewelry. I looked at. the things,
and said that if everything was pe
right I could lend :her two thousand
kroners on them. ‘She knew that the.
things were worth five thousand kroness,
more, and the court was again sitting.
The room was, if possible, even more
crowded than before; no one had been
willing to give up his seat, and there
were new arrivals.
The silence which reigned showed the
excitement that possessed everybody.
The counsel for the defence asked to
be allowed to examine the chief of the
detective staff omce more.
The young officer stepped forward, .
and took ‘his place in the witness box
in his usual quiet manner, although as-
tonishment was plainly written on his
face. {
The counsel— You have already told
us that when you paid a visit to Mr.
Jurgens and so skilfully got him to
give up the diamond, he then told you
that he had bought it from the accused,
Evelina Reierson. Ysn't that so?”
“Yes”
Counsel—“Did he seem to be in any
doubt as to whom he had bought the
diamond from?”
The detective blushed at this question,
but his amswer was as unconstrained
and calm as before.
“No, he gave me the impression that
he was sure it was the accused.”
Counsel—"Did he name any one else
who could possibly have sold him the
diamond ?”
she said, and if I could give her four:
© thousand; 1 eeuld buy nlem. al. at ®
mists timeto exumine them, (Eex-
plfinedl. Bie he woul mot let fe.
She seemefl onthe point of crying, and
asked me for Go's sake to give lher:
four thousand kroners immediately; she
| isters-of justice have perhaps already
|. vania, being about 8150 feet in length:
“At first he began, with some con-
fused nonsense, to excuse himself, but
| it was of no significance to the case.”
woultl willingly give me a few ‘mare
valuable things ‘later on, or ay ime;
er counsel leaned’
something back. Then 1 thought ithe’
matter lopked mather aemapicious, and
did not like toshave anything mere.ito
do with her, so she left.”
Counsel—"Ditdn't you try to find out
if it was:the gif], Evelina Reierson, of |
not?”
Witness (after hesitating awhile be- |
Counsel—*“I must ask you, however,
to give the name or the names which
‘Mr. Jurgens mentioned in connection
with the diamond.”
One could see that the officer was
angry at the importunate examination,
and that he had to exert himself to the |
utmost inorder to answer calmly. fore answeting)— es, 1 did; for 1 am
“Mr. Jurgens seemed at first to be | a law-abiding man, who likes to give the
somewhat frightened at the conse- | police a helping hand” ¢ ’
quences of his transaction, and in order Counsel— "Yes, we know that, but
to excuse himself, he began with some | what did you do?”
nonsense about having bought the dia-- Witness—-1 sent a boy ‘in my office
mond from—from a person who is near- after her. He sat up behind the car-
ly related to Mr. Frick, and who was { riage—for she had come in a hired car-
supposed to have received the diamond ! riage, which waited outside—and he’
from him as a present.”
saw her go into a house in Drammen
Counsel—“What did you do to get ' Road.” -.
him to speak the truth?”
The detective he-itated a moment,
and grew redder still in the face. At
last he answered firmly and distinctly:
“He first mentioned Miss Frick as
having sold him the diamond, and that
she had said she had got it as a present
from her uncle. This was as much
as to say that the young lady, for whom
I have—have the greatest respect, is a
thief and a liar, as information of the
robbery was given to the police by her
uncle; and I then forgot myself for the
moment and seized hold of the old man
—but of course only for a moment !”’
Counsel—“It was after you let go of
fim that he gave the name of Evelina
| Reierson?”
“Yes; but as you will understand—"
: Counsel (interrupting)—"I have for
' the present nothing further to ask you.”
“Well, I never heard such » ex-
! claimed a powerful voice. It was old
Frick who rose, red as a turkey cock
in the face; the judge himself had to
call him to order.
Mr. Monk still stood in the same
place, biting his lips. Miss Frick stared
at him with an astonished expression.
As vet she suspected nothing.
But the attention of the public was
soon engrossed by a new witness whom
the counsel for the defence brought for-
ward. He was a tall, squarely-built
man, with broad, round shoulders, and
black hair and beard; he was dressed in
shiny, threadbare black clothes.
The examination was begun by the
judge. The witness seemed quite un-
willing to be examined.
“Your name?”
“Abraham Abrahamson.”
“How old are you?”
“Fifty-three years old.”
“What is your calling?”
Witness— Yes, so the boy said.”
Counsel—“But you took it as a proof
that it really was Evelina Reierson?”
Witness— Yes, but I am not sure that
it was she, after all, for she had a veil
on, and then I don’t know Evelina
Reierson so very well.”
Counsel—“How was lady
dressed?”
Witness—'“She had on a green hat
with a feather in it, and a jacket braided
in front and at the back.”
Counsel—“Do you remember this dis-
tinctly ?”
Witness— ‘Yes; 1 am not so unaccus-
tomed to using my eyes, and I thought
it best to notice her dress, in case the
pofice should ask me about the mat-
ter later on.”
Counsel— “What time was it when
the lady visited you?”
Witness—“It must have been twenty
minutes past five when she came, for
she was with me a quarter of an hour,
and when she left it was twenty-five
minutes fo six.”
Counsel—Was it also with regard to
the possibility of inquiries from the
police that you looked at the clock
when the lady left you?”
Witness—*“Yes.”
Counsel—"You are
about the time, then?”
Witness—"Yes, quite certain; I con-
ferred with my clerk.”
The case had proceeded thus far when
a great commotion in the court caused
the examination to be interrupted. It
is superfluous to remark that the two
last witnesses had made a deep im-
pression upon all who were present at
the hearing of this remarkable case,
and the excitement among the audience
rose as the examination progressed. .
“Pawnbroker and commission agent.” The pawnbroker’s last words fell in
“Where do yau live?” | complete «silence, ‘but only “to be $ol-
g ((loged hy murmurings and noise
e alarm threatened to throw .the
case which is before the jury to-day?” 1 eomst into confusion, when suddenly 8
“I have read about it in the papers.” | ery was heard, “She is fainting!” A
“Have you had anything to do with | latge crowd “had gathered round ‘Miss
any of the persons in the case, or have { Fridk, end old Frick was seen in the
you ‘in any other way obtained any in- I middle of it, gesticuluting ‘wildly, while
formation which may be of importance the: young girl leant: hack
in this matter?” with a Bandkesehied over har face. Mr.
“I know several pessons here by faseed his Jay up 40: her, and
sight’—the * witness looked round the “the consent of the judge conducted
gourt with his sharp, dark eyes—“hut I ¢ her aut of the court.
did not believe 1 could give any infor- The ju
mation which could be of use to the ' grder. I’ ‘did ‘mot ‘dake him Jon, ‘for
court, until “1 was seat for half am} ‘ghe theeat
hour ago.” i immediate €ffect. No one
The judge concluded, and left 4heil} ®o lose the last act of the drama.
further examination to the counsel for
the defence. .
Counsel—“Do you know this youpg
girl, ‘Evelina Reierson pn
Witness—"She has been once or twice ©
to my place on business.”
the
quite certain
“Bishop Street, Mo. 75"
“Do you know anything about the
ooo
9p proceed.
Coupsel— ‘What sort of small ‘| enabled him nat enly to
things?”
Witness—"As far as’l can gesmember,
they were some rings and ® pair of
earrings.” He continued:
@lamond.
Counsel—"Was it Mr. Frick’s house?” | -
von the ees (
e then proceeded ‘to call ‘for
ito have ithe court cleared
The gounsel 49x (the defence did not
wigh 40 gamine the pawnbroker any
Surihes. e public prosecutor had, in
she meantime, nothing to comment upon,
and the young counsel; was: called upon
obtain valu-
shle evidence, but which had also given
Rim positive means of proving his cli-
ent's innocence of ‘the ‘robbery of ‘the
pose in calling the witness Abrahamson,
and in putting new questions to the
chief of the detective force was to
throw the guilt of the robbery upon
another, he is mistaken. It is certainly
unavoidable that at the same time my
client's innocence is brought to light,
so at the same time the attention is
fed into another direction, and the min-
found a new object in their search
after the guilty person. But that is
a matter which does not concern me.
It only goes to prove that the young
girl whose defence has been intrusted
to me is innocent—that the circumstan-
tial evidence which appeared so strong
against her, on the contraty, speaks in
her favor when seen in the right light.
“The object of my last examination
of the chief detective and the witness
Abrahamson was only to show that mis-
takes can be made, and in this case
(To be Continued.)
» 4
aT
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-
and situated as follows:- Beginning"
at the intersection of the State High-
way in Summit Township and Salis-
ibugy street of Meyersdale Borough
{at «the Borough 'line,) thence along
11th street of said’ Borough to Beach-
ley street, thence along Beachley
street ‘to the ‘mew bridge at Front
street in said Borough.
WHEREAS, State aid is desired for
sthe permanent ‘improvement, with
brick, of the section of highway in
Meyersdale Borough, under the Act
Lapproved May 31, 1911, providing for
the establishment of a State Highway
‘proved June 5, 1913, therefore be it
RESOLVED, That the Borough
Council of said Meyersdale Borough,
in regular session assembled on this
®th day of July, 1916, do on behalf of
said borough hereby petition for:State
laid 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
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, 1916.
The foregoing is hereby certified to
be a true and correct copy of reso-
lutions adopted by the said Borough
Council of Meyersdale Borough, Som-
erset County.
VALENTINE GRESS, Burgess.
Chas. H. Dia, Pres. of Council.
Attest: :
E. J. Dickey, Clerk.
1, B. 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
as required by law.
E. J. DICKRY, Clerk.
650 YEARS”
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