NEW BLOOMFIELD, Fl., TUESDAY, JULY 1, 1879.
NO. 27.
TOL. Xlll.
THE TIMES.
An Independent Family Newspaper,
' IB PUBLISHED EVERY TUESDAY BT
F. MORTIMER & CO.
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geledt Poetry.
BY-AND-BY.
There Is a little mischief-maker,
That Is stealing half our bliss
Sketching pictures in a dreamland
That are never seen In this
DaBhlng from our lips the pleasure
Of the present, as we sigh j
Tou may know this mischief-maker,
For his name Is " By-and-by."
He Is sitting by our hearthstones,
With his sly bewitching glance,
Whispering of the coming morrow,
As the social hours advance j
Loitering 'mid our calm reflections,
Hiding forms of beauty nigh
-He's a smooth, deceitful fellow,
This enchanter, " By-and-by."
Tou may know him by his winning,
By his careless, sportive air,
By his sly, intrnslve presence
That Is stealing everywhere ;
By the trophies that he gathers
Where his sombre victims lie
For a bold, determined fellow
Is this conquerer, " By-and-by."
When the calls to duty haunt us,
And the present seems to be
All the time that mortals ever
Snatch from aark eternity j
Then a fairy hand seems painting
Pictures on a distant sky,
For a cunning little artist
Is the fairy, " By-and-by."
" By-and-by," the wind Is singing,
" By-and-by," the heart replies j
But the phantom Jnst before us,
Ere we grasp It, ever flies,
List not to the idle charmer,
Scorn the very specious lie,
Only In the fancy llveth
This deceiver, " By-and-by."
"WHO WAS THE THIEF?
A Story of Circumstantial Evidence.
THE following tale will be found to
be a remarkable example of the
sinuosities of circumstantial evidence.
Two couslns,David and Josiah Thomas,
had been equally the nephews of old
Farmer Thomas, the unmarried brother
of their fathers.
In dying, he had bequeathed his hun
dred or so acres of land equally to his
nephews, with the proviso that while
they remained unmarried they were to
work the land for their own mutual
benefit; while, if one or both married,
-the eldest (David, by about a month,)
was to take the old farm house and one
half the land designated ; and the
younger (Josiah) was to have a house
built for him on his designated acres,
and which was to cost 300, this sum to
come equally out of the profits of all the
land.'
The cousins had received the land
-when they were 22 years of age, and
nad farmed It'ln all peace and prosperity
for six years when the following events
occurred :
They were looked upon as equally
good, honest, straight-forward men, as
honorable neighbors and pleasant com
panions. One clause of the uncle's will should,
however, be borne well In mind. In
the event of the death of either, unmar
ried, the laud was to go to the survivor.
This condition was by no means Incon
venient, for they had positively no
relations in the world, and therefore,
each was naturally the successor of the
other.
They lived In perfect peace ; and the
servants, men and women, found them
perfectly just and contented.
Things were in this position when It
became known In the village that
David Thomas was engaged to the only
daughter of Mr. Frauds Hartly, at Sil-
verton.
People said that it was a very good
match ; declared it was time David
and Josiah, too, for that matter was
settled In life ; and the people of the vil
lage had become accustomed to see the
young farmer and Kuth Hartley at 611
verton church together when the cir
cumstance occurred which set Sllverton
and Brotherip Barton talking.
Farmer Hartley was the guardian of
the son of an old friend, who came of
age on a particular Monday, when he
was to receive from the farmer the sum
of three hundred pounds.
On the Saturday, Hartley, being in
the next market town, brought the sum
with him ready for delivery on the
Monday.
On the Intervening Sunday the cous
ins and this ward were at the house to
dinner, and the farmer did, over his
pipe, go to his oak chest before them,
open it, produce the roll of notes, and
display them. Then he rolled them up,
and fastened them with wax, which he
stamped with an old-fashioned gravel
seal, dangling from his silver watch
chain, saying It would look better to
hand the lawyer the notes in a sealed
packet.
The family passed the day very pleas
antly, the cousins left about ten, the
ward remaining at the farm, he being
on a visit from the neighboring town,
where he had just completed his appren
ticeship. Next day, when the farmer went to
the oak-chest, it was unfastened; the
packet of notes was gone.
The lawyer, who had arrived to ne
gotiate the cessation of Farmer Hart
ley's guardianship, had but one couise
of duty to pursue. He Informed the
farmer the money must be paid, and in
timated the farmer himself must bear
the loss.
The local constable, a keen-witted old
policeman, who had once been in the
Metropolitan force, was consulted.
He directly instituted a minute exam
ination of the premises.
He found boot marks in the flower
beds, behind the house ; marks of open
ing a window from without, w.hich lit
the room wherein the oak chest stood,
and a fancy waistcoat button, which lay
positively on the window-sill.
The boot marks and that fancy button
secured the clue to the thief.
The farmer having openly brought
home the money on the Saturday, it
was clear to the meanest comprehension
that the thief must have been aware
of the existence of the notes in the
chest.
Who was acquainted with the fact V
Five persons only, it was evident
Farmer Hartley, his daughter, David
Thomas, Josiah Thomas, and the ward,
one William Palliser.
Of those Ave, it was absurd to accuse
the farmer,because no man can rob him
self ; while it was equally impossible to
suspect young Palliser of stealing the
money he was about to receive on the
following morning the more especially
as he was so shocked he begged nothing
might be done, and expressed a desire to
let the whole matter rest until it was ex
plained by some extraordinary means
As to Ruth Hartley, it was felt she
could haVe no motive in robbing her
own father; and, therefore, suspicion
could alone, and with any degree of ra
tionality, fall upon the two cousins. But
here, again, the question arose, what
could be the motive for either of those
prosperous men to commit a burglary ?
while, on the other hand, they both
knew that the farmer, having been rob
bed many years before, always kept
loaded firearms in the house.
But there were the boot marks and
the button, and upon these the old con
stable based his Investigation.
An hour after he had left the farm, he
returned to It, bringing with him a pair
of boots and a waistcoat. The latter had
David Thomas' name written iu it, one
of the fancy buttons was missing, and
that found on the farm window ledge
perfectly agreed with those on the waist
coat.
As to the boots, they fitted the Impres
sions in the garden ground near the
window to a hair's breadth, and they also
fitted other marks on a side bed in a gar
den in front of the farm, where David
had gone on the previous day in order to
pick up a young blackbird, which had
fluttered under the laurels on his first
flight from some neighboring nest.
When the police constable told all
these things to the farmer, neither knew
Ruth was listening. Poor child, sue
had recognized the button in a moment.
It was one of the set she herself had
given David.
But she never for a moment believed
him guilty. There was some mystery,
and beyond that she would not go.
She neither fainted nor lost her presence
of mind. Sh6 knew it was no time for
sentiment. Her conscience told her she
must be up and doing.
"Let us goto him," she heard her
father say. "Perhaps he has done It for
a Joke, Summers. We will suppose he
did it in fun ; and, if he gives us the
notes back, no harm will be done. Let
us go to him."
Summers nodded ; and after putting
the waistcoat and boots in a cupboard,
the two men started for the cousin's
farm.
There was no time to be lost that
Buth knew. She went to the cupboard,
took out the accusing articles of cloth
ing, and pondered.
Now this is certain that in habits of
watchfulness of small things women are
far more accurate than men.
In a moment Ruth Hartley thought,
as she examined the waistcoat:
" If the button was torn off when the
thief was climbing in at the window,
how did it happen that it came from
almost from under the collar of the
waistcoat "
She examined the thread that had
fastened the button to the cloth, and
she found that it had not loosened, but
that the different stitches bad all been
broken through, bo that great force must
have been used. It bad not dropped off,
it had been torn away,and yet the waist
coat showed no sign of having been in
jured.
Then she went out and compared the
footprints in the front and back gar
den. She saw that the distance between the
footsteps in the front garden was greater
than that between the marks in the
ground at the back of the house, while
the prints farthest apart were deepest.
So she reached this conclusion :
" There is no doubt that the same
boots made the marks in both the front
and back garden, but tbey must have
been worn by different persons. He who
made the marks in the back ground"
(those effected by the burglar) " being
the lighter man, so the less depression of
the ground ; and the shorter man, hence
the shorter distance between the foot
steps in the back ground."
Iu a moment she knew she had a clue
his cousin Josiah, who was both
lighter in weight and shorter than
David.
In a mere second she was morally con
vinced that Josiah Thomas had torn the
button from the waistcoat in question,
to clench the accusation of the boot-
marks.
But what cotrld be his motive V He
was evidently attached to his relative,
and while nothing was to be gained by
the act of treachery, much was to be
lost, while his own name would be in
volved In shame.
How could she accuse him V He
was equally respected with the other
cousin, and it was against the elder
the condemnatory proofs were to be
found.
His motive what could be his mo
tive V
Again, how bring his guilt home by
signs as palpable as those which menac
ed the other t
It is astonishing how a woman will
hanker after the hidden when it effects
her happiness. She could only breathe
easily when she stood at the open win
dow, by means of which entrance to the
house had been effected.
Pondering, watching, listening, nia
ncpuverlng and suddenly success.
There was, in the window, a box of
mignonette her planting and which
she had made the more pretty by tip
ping, between the , sprigs of sweet
scented flowers, with a layer of yellow
powdered bog turf, much used in that
district as fuel.
Then, in a moment, she found more
condemnatory proofs against the
youngest cousin than had, so far, been
brought against the elder.
There was the mark of a resting
open hand upon the yielding layer of
powdered turf a left hand, and of
which the third finger was absent.
There were In the distinct Indented im
pressions of the thumb, index, and
long second finger, and then there was
a space between that finger and the lit
tle one.
She knew Josiah Thomas had lost the
third finger In question down to the sec
ond joint, and that, therefore, the mark
of the hand was not so much circum
stantial as direct evidence. He had
printed the proofs of his guilt on the sur
face of the box of mignonette growing
In the very windowslll where he had
thrown the button down.
It was clear to her as daylight he
had rested his left hand on the box
while his right was engaged in forcing
the window.
But his motive his motive f
What Should she do V
She was still apparently inactive; and
yet ber busy brain was planning, and
her only action had been to cover the
mark of the hand with a plate, as she
had seen the policeman do in connection
with the marks in the grounds, when
Josiah Thomas, filled with consterna
tion, rushed Into the house.
" Ruth, Ruth !" he cried, in veritable
terror" they have taken David into
custody for stealing 300 from the far
mer here! He would not do it he Is
too good a fellow ! I shall go mad if
they put David In prison !"
She neither knew what to do or to
say.
" I was listening," she said, " when
Mr. Summers came here, and I know all
until they went away. What has hap
pened since l"'
"No sooner had your father told him
about the robbery, and that he was sus
pected of it, than you know how pas
sionate he Is he flung your father
down, whereupon the farmer, in his
rage, gave him into custody, and he has
been taken up before Sir Robert."
She was afraid to answer him then
and there, for there was no one there to
help her. Again, Bhe was so much con
fused by his evident grief.
" Let us go up to the Hall," she said.
During their walk he never ceased
speaking in praise of his cousin, whom,
apparently, he had ruined remorselessly
by means of an Infamous andmonstrous
act.
They reached the Hall as Sir Robert
Maddenham, the justice of the peace be
fore whom David Thomas had been
taken, had decided to remand the case
until next day, he refusing to admit
the accused to bail, but at the same time
declining to send him to prison.
It was understood that the constable
was not to leave him, and that the in
vestigation was to be resumed ou thefol
lowing morning.
Next morning, the post-mistress found
a thick letter for Farmer Hartley, which
had been dropped in the box during the
night.
The lawyer engaged for the farmer's
ward, the ward himself, and Ruth (still
silent, but determined to speak before
the justice), were present when the
servant ' brought in the unstamped
packet.
The farmer opened it, and found it
contained the packet of notes,still sealed
as he had left it on the Sunday evening,
The thief had actually returned them
without opening the wrapper in which
they were enclosed.
"Oh!" said the lawyer, "there is
something more In this than is at first
sight apparent. There has been no
theft here for the sake of theft ; and
either David Thomas has an accomplice
or he is a victim. If the former, how is
it this accomplice did not make away
yesterday with the sum V"
"I'm very sorry I gave the lad into
ustody ; and let me tell you, lawyer, I
like him all the better for knocking me
down, though I am his Ruth's father
when I accused him of stealing the
notes."
" I know who stole the money, fath
er!" interposed Ruth.
" You, child V"
She poiuted to Josiah Thomas, now
wildly coming towards the house, and
looking tbe picture of despair.
"Farmer," he said, " you won't say a
word against Dave, will you t I'll pay
double the sum, and here's the money I
Dave couldn't do uo harm ; and If harm
comes to him, it will be bad for him
and me 1"
" I've got my ward's money back,"
said the farmer ; " and I shall not go up
to the Hall, except to say thy cousin is
innocent, as I believe him to be."
"He is!" said Josiah Thomas earn
estly.
" And who is the thief?" asked Ruth.
" Who V" he answered, awkwardly.
She took him by the left hand, point
ing to the maimed finger, dragged the
half-falntlng man to the window, took
up the plate, and showed him the mark
of the hand, less the third finger, in the
turf.
"I did it," he said, falling on the
ground.
When they had restored the poor
wretch, Ruth, with the unerring in
stinct of a woman, said :
" You love him ; and you have al
ways loved him ; why seek to ruin
him?"
"Oh," replied the unfortunate man,
" we had been so happy at the farm,
that I wanted no change. I thought
that by doing what I did, I should
break off the marriage between you two
and then he and I might have once
more been happy at the farm. But I
know now it never could have been, I
am ready to receive my punishment."
1 But a woman can always forgive
one who injures one she loves, out of
very love for him."
" His own confession would send him
to Portland for five years," observed the
lawyer, gravely.
" You must save him !" she said with
determination.
The lawyer scratched his wise, square
old head for a time, and then he resolved
what to do.
"Farmer, you must say you have
found the notes, and that there has been
no burglary ; that will set David free.
But the post-mistress will guess what
the packet contained, and, therefore, the
neighbors would talk, and one or other
cousin would lose hla character."
" Let me suffer," said the repentant
man.
" You must, go away, and write the
truth to Sir Robert after you are beyond
the reach of the law."
" I will give up my part of the land
by deed of gift to my cousin, and never
return to EDgland!"
" I promise for David," said Ruth,
" that the value of your land shall be
sent to you yearly."
" No half," he said, humbly.
" He would not touch a farthing of it,
I know," said Ruth, gravely.
"Because I am a criminal!" moaned
the unhappy man.
" And at law, and my faith," said the
lawyer, "we are all criminals, for we are
aiding and abetting the escape of a male
factor, and the less we say about this
the better."
It will be seen that this story is told. Ib
will be readily understood that the par
ticulars of Josiah's motives were only
made public when he was safe from
pursuit. .
He has not returned to England, and,
in all probability, he never will.
It is said he lives upon very little,
and gives away the greater part of tbe
considerable income he receives from
his cousin to the poor of the place in
which he lives.
His great dread is that he should
ever be seen by his cousin or either of
Dave's children. Dave and his wife
have many times entreated to see him,
but he will never yield. He says his
exile and his isolation are his proper
and lasting punishment.
This tale has been told as affording
an example of the fact that circumstan
tial evidence is not always to be relied
on. Many and many a man has been
condemned upon les strong circumstan
tial evidence than th it which appeared
to condemn David Tnomas.
gg- An eminent French coachmaker
says : "I never build two carriages exact
ly alike, not because I do not build each
one as well as I know how, but in build
ing that I learn how to make the next
one better. When I placed these car
riages of mine In the Exhibition build
ing, I thought them .perfect, but now
that I have spent three months looking
over the carriages of other builders, I see
that they are not so." Here is an illus
tration of the value of shows -to intelli
gent tradesmen.