Show MISTAKEN IDENTITY An Jnnocent Man Confined in Prison for Months BELMONT VINDICATED AT LAST Another Divorce CaseA Habeas Corpus Proceeding Pro-ceeding Judgments Entered Cruelty to AnimalsProbate Proceedings Mistaken identity has formed the theme for many a startling romance and a most singular Instance in real life was brought out in the Third district court yesterday when John Doe Fisher was tried on tho charge of grand larceny lar-ceny It seems that in June 1690 some man went to Foots livery stable on State street hired a a saddle horse for one hour and went away Ho never oame back The officers were notified of the theft and finally a man giving the name of John Doe Fisher was arrested for the crime He was indicted in-dicted and some time ago the case came up for trial The livery stable menswore point blank that the defendant was the man who got the horse and Fisher swore point blank that he he wasnt He testified that Curing all of the month or June he was working at Eureka as a cook and that there were a number of men there by whom he could establish that fact The defendant had no witnesses however how-ever and under ordinary circumstances such a statement would have had but little weight but the defendant told his story with such an air of truth that it impressed the jury and they were unable to agree It was about as close a call however as an innocent inno-cent man ever had and the case went over until this term THE SECOND TRIAL The defendant was represented yesterday by S S Markham and Clarence W Hall and several witnesses for the defense had been subpoenaed sub-poenaed at the expense of the people The trial began and once more the witnesses for the bp prosecution went upon the stand and swore the defendant stole the horse hen the prosecution rested TilE OUTLOOK WAS VERY DARK for Mr Fisher but the defendant smiled contentedly con-tentedly Mr Deighton the bookkeeper for Hyde Smith at Eureka was called and he testified positively that from June 11 to July 1 1890 the defendant was at Eureka working for Hyde A Smith as cook Mr Ryan the baker st the Cullen who in 1890 was head cook for Hyde Smith positively identified i the defendant as the man who acted as his helper in Hyde Smiths kitchen at Eureka from Juno 11 until July 1 He was corroborated by his wife and other witnesses and when the defense rested it was proven beyond be-yond the peradventure of a doubt that Fisher whose true name is Belmont was in Tintic when the horse was stolen There was absolutely NO ESCAPE FROM THE CONCLUSION and Prosecutor Stephens said that under the circumstances of course he would not ask for n conviction and at tho direction of the court the jury returned A VEHDICT OF rOT GUILTY without leaving the box And so after long months of Imprisonment in the penitentiary an innocent man was at last restored to liberty Fisher or Belmont is a good looking young fellow and his reputation here where he worked for a long time before he Tent to Eureka was that of an honest hon-est hard working man What this innocent mon has suffered during the long months when he was locked up in a felons cell he alone knows But such an experience would be enough to embitter the life of an ordinary man for the rest of his days CONTINUED The case of Daniels and Popkee charged with grand larceny was to have been tried yesterday yester-day but it was continued because Popkee had made his escape from the penitentiary The case of U C Whitmoro and William Hill changed with battery alleged have been committed upon Leonard of gold brick fame was also continued |