Ohio, 1894
They Stole Fish
But Said They Stole it Somewhere Else, and Were Acquitted.
In the Court of Common Pleas on Thursday, the case of the State against Joseph Martin, Frank Henry and James Golden collapsed. The prisoners had been indicted and tried on a charge of burglarizing the fish shanty of Post & Co., and stealing therefrom a quantity of fish.
The men were found peddling fish on the night that a burglary was supposed to have been committed at the fish house, but the evidence was not as clear as might be wished as to the breaking or as to the stealing of the fish. Though the fish sold by the prisoners was like that which had been stolen there was no identification, while one witness swore that be packed the fish in a box and there was none missing.
Martin was put upon the stand and he admitted that the fish were stolen but he said he and Henry stole it from a pound boat that was left tied up in the slip of Messrs. Gilcher & Schuck's lumber yard.
In the unsatisfactory state of the evidence Judge Kelly granted a motion of Mr. Hull, who appeared for the prisoners, and directed the jury to find a verdict of not guilty, which was done.
—The Sandusky Register, Sandusky, Ohio, Dec. 21, 1984, p. 5.
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