Much of the time of the Court of Special Sessions was absorbed in the trial of a case of some importance to ladies who make purchases. A pleasant-faced looking woman, named Ellen Whalen, was arraigned for petit larceny in having stolen an accordeon from the store of Ehrich's on Eighth Avenue. The main evidence against her was that of Alexander G. Sisson, the detective of that establishment, who testified 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.
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