But that is another story.
When acting Inspector O'Brien ordered McPherson brought into his private
room, the latter unhesitatingly admitted that the three of them had
"trimmed" Felix of his $50,000, exactly as the latter had alleged. He
stated that Wyatt (alias Williams) was the one who had taken in the
money, that it was still in his possession, and still intact in its
original form. He denied, however, any knowledge of Wyatt's whereabouts.
The reason for this indifference became apparent when the two prisoners
were arraigned in the magistrate's court, and their counsel demanded
their instant discharge on the ground that they had committed no crime
for which they could be prosecuted. He cited an old New York case,
McCord _vs._ The People,[2] which seemed in a general way to sustain his
contention, and which had been followed by another and much more recent
decision. The People _vs._ Livingston.[3] The first of these cases had
gone to the Court of Appeals, and the general doctrine had been
annunciated that where a person parts with his money for an unlawful or
dishonest purpose, even though he is tricked into so doing by false
pretences, a prosecution for the crime of larceny cannot be maintained.
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