a few days he left. Instead of suing him for a breach of contract and
recovery of damages, the company caused the arrest of Bailey on the
charge of an attempt to defraud. No direct evidence could be produced
that this was his intention, but the law expressly authorized the jury
to find him guilty of fraud, on the ground that he quitted work. The
accused was not allowed to testify as to his unexpressed intention. His
opportunity to escape prison was to pay back the $15 or to work out the
sum. In case neither was done, he was to be fined double the amount paid
at the time of making the contract or go to work at hard labor.
The attorneys for Bailey, wishing to test the constitutionality of the