he consequences to himself and his family
might be. He was immediately transferred to the Tombs Prison in New York
City, where he made a complete and full confession, not only assisting
in every way in securing evidence for the prosecution of Ammon, but
aiding his trustee in bankruptcy to determine the whereabouts of some
sixty thousand dollars of the stolen money, which but for him would
never have been recovered. At the same time Ammon was re-arrested upon a
bench warrant, and his bail sufficiently increased to render his
appearance for trial probable. As Miller had foreseen, the monthly
payment to his wife instantly stopped.
The usual effect produced upon a jury by the testimony of a convict
accomplice is one of distrust or open incredulity. Every word of
Miller's story, however, carried with it the impression of absolute
truth. As he proceeded, in spite of the sneers of the defence, an
extraordinary wave of sympathy for the man swept over the court-room,
and the jury listened with close attention to his graphic account of the
rise and fall of the outrageous conspiracy which had attempted to shield
its alluring offer of instant wealth behind the name of America's most
practical philosopher, whose only receipt for the same end had been
frugality and industry. Supported as Miller was by the corroborative
testimony of other witnesses and by the certificates of deposit which
Ammon had, with his customary bravado, made out in his own handwriting,
no room was left for even the slightest doubt, not only that the money
had been stolen but that Ammon had received it. Indeed so plain was the
proposition that the defence never for an instant contemplated the
possibility of putting Ammon upon the stand in his own behalf. It was in
truth an extraordinary case, for the principal element in the proof was
made out by the evidence of the thief himself that he was a thief.
Miller had been tried and convicted of the very larceny to which he now
testified, and, although in the eyes of the law no principle of _res
adjudicata_ could apply in Ammon's case, it was a logical conclusion
that if the evidence upon the first trial was repeated, the necessary
element of larceny would be effectually established. Hence, in point of
fact, Miller's testimony upon the question of whether the money had been
_stolen_ was entirely unnecessary, and the efforts of the defence were
directed simply to making out Miller such a miscreant upon his own
testimon
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