People v. Stewart

Paterson, J. The defendant was convicted of grand larceny, and the only question presented for our consideration is, whether the evidence is sufficient to support the verdict. The bill of exceptions (which is a model in form and conciseness) shows the following state of facts:

On the thirtieth day of June, 1888, the prosecuting witness, Bryan, was lying on a bench in the shade of a porch at Orland. Some horses which were tied to the porch [130]became frightened, and threw him out into the street. He was picked up by the defendant, and escorted to the latter’s room, across the street. Bryan lay down upon the bed in the room, desiring to sleep. The defendant asked him if he had any money on his person. Bryan replied that he had the sum of $180. The defendant said that as there was a circus in town that day, somebody, might come along and take it. Bryan testified that the defendant said he would put the money under his (Bryan’s) head, and raised the pillow as if he were putting it there. The defendant testified that he told Bryan that he would take care of his money, and Bryan said "all right”; that he took the money, and placed it on deposit with a friend. When Bryan awoke, about three o'clock in the afternoon, he discovered that his money was gone. He made inquiries for the defendant, and learned that he had gone to Germantown. He thereupon made complaint against defendant, and procured his arrest on a charge of grand larceny. As soon as the defendant had deposited the $180 for safe-keeping with his friend, he borrowed $10 from one Maupin, and a like sum from Sweeney, and took a horse and buggy, which he had engaged several days before, and started for Germantown, a village ten or twelve miles distant from Orland, telling the friends from whom he borrowed the money that he would return that night or the next morning. It appears without contradiction that the defendant had been intending for several days to go to Germantown that day. As soon as the friends of the defendant heard that Bryan was accusing him of larceny, they sent him a dispatch, which he received at German-town. Upon receipt of this telegram, he immediately started to return to Orland. On his way back to Orland he met the constable, and told him that he had Bryan’s money on deposit with a friend, and if the latter would go with him he would get the money and pay it over, which was done. It appears that the defendant and [131]