that the
prisoner took the property from one of the counters while he was looking
at her, and that he followed her on the street and found it in her
possession hid under her shawl.

Mr. A. H. Hummel, who appeared as counsel for the accused,
cross-examined the detective at some length and gleaned that there were
others in close proximity at the time the property was taken, and among
them a Miss Maggie McKenna, a saleslady, who was not, however, in court.

Mrs. Whalen was next called by Counselor Hummel, and deposed that she
lived in West Seventeenth street, and went to Ehrich's to purchase the
accordeon and showed a marked receipt which she claimed was given to her
with her change. That the detective followed her out of the store,
treated her roughly on taking her into Custody, and kept her confined
fifteen minutes in a cellar before he brought a policeman to arrest her.
Mr. Doyle, her landlord, vouched for her general good character, and Mr.
Hummel then made a stirring appeal to the court for his client's
discharge. He characterized the arrest as a gross outrage, for which the
jury would render instant acquittal, and stigmatized the private
detective's testimony as unworthy of belief without corroboration,
saying that the higher courts had so decided in many cases, as it was
clearly evident the desire of such employees to secure convictions for
theft in order to retain their place. Mr. Hummel also adverted to the
negligence of the real complainants not appearing, and the absence of
the saleslady who should have been sent here by them, so that the court
might have had a full and ample investigation. With much feeling counsel
urged a dismissal of the complaint, and an honorable discharge of the
prisoner.

The court remained in consultation for some time and announced a verdict
of "not guilty," which was greeted with a round of applause from the
assembled multitude. Mrs. Whalen thanked the court and fervently pressed
Mr. Hummel's hand in gratitude and left the courtroom, accompanied by
her three children and a host of friends.

[EOF]

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City's Wiles and Temptations, by William Howe and Abraham Hummel

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