the flag!" For once Mr. Osborne had no adequate words to reply.

By far the most effective and dangerous "trick" employed by guilty
defendants is the deliberate shouldering of the entire blame by one of
two persons who are indicted together for a single offence. A common
example of this is where two men are caught at the same time bearing
away between them the spoil of their crime and are jointly indicted
for "criminally receiving stolen property." Both, probably, are "side
partners," equally guilty, and have burglarized some house or store in
each other's company. They maybe old pals and often have served time
together. They agree to demand separate trials, and that whoever is
convicted first shall assume the entire responsibility. Accordingly, A.
is tried and, in spite of his asseveration that he is innocent and that
the "stuff" was given him by a strange man, who paid him a dollar to
transport it to a certain place, is properly convicted.* The bargain
holds. B.'s case is moved for trial and he claims never to have seen
A. in his life before the night in question, and that he volunteered to
help the latter carry a bundle which seemed to be too heavy for him. He
calls A., who testifies that this is so--that B., whom he did not know
from Adam, tendered his services and that he availed himself of the
offer. The jury are usually prone to acquit, as the weight of evidence
is clearly with the defendant.

* The defence that the accused innocently received the stolen property
into his possession was a familiar one even in 1697, as appears by the
following record taken from the Minutes of the Sessions. It would seem
that it was even then received with some incredulity.

CITY & COUNTY OF NEW YORK: ss:

At a Meeting of the Justices of the Peace for the said City & County at
the City Hall of the said City on Thursday the 10th day of June Anno Dom
1697.

PRESENT. William Morrott \ Esquires
James Graham / quorum

Jacobus Cortlandt \ Esquires
Grandt Schuylor } Justices
Leonard Lowie / of the Peace

Jacobus Cortlandt, Esq., one of his Majestys justices of the peace for
ye said City and County Informed the Kings justices that a peace of
Linnen Ticking was taken out of his Shop this Morning. That he was
informed a Negro Slave Named Joe was seen to take the same whereupon the
said Jacobus Van Cortlandt Pursued the said, Joe