Note 31 — FOOTNOTES:

Mr. Nott cites the following case:

"The complainant, A, a well-dressed bartender, testified that he had known the defendant, B, for some time; that on the night in question B came to A's rooms, and shortly after B's departure, A found that his watch was missing; the watch had been in the pocket of A's vest, which A had left hanging on a chair, and A had stepped out of the room for ten minutes, leaving B alone there. B afterwards admitted to A that he had "hocked" the watch. Of course this testimony, if believed, made a case against B, and it is difficult now to realize how any one could ever have believed that the chance of explaining or contradicting it could be more dangerous to B than the certainty of having A's testimony go to the jury uncontradicted. B took the stand and testified that he was getting a good salary as manager of an "intelligence office"; had never been even arrested before; that A had obtained a loan of fifteen dollars from him and had left the watch with him on the understanding that B was to pawn it for fifteen dollars and give A the ticket; B did pawn it in his own name and was shortly thereafter arrested. This case is a fair illustration of a puzzling class. On the one hand, no motive or reason was shown why A should cause the arrest of his friend on a false charge (unless that of getting the watch back from the pawnbroker without payment of the fifteen dollars, on the ground that it had been stolen, is an adequate one). Upon the other hand, B's character and position in life seemed to make it unlikely that he would commit such a theft, and his act in pawning the watch under his true name gave color to his story. The jury acquitted, and who can say that there was not at least a reasonable doubt?"