District Attorney Allen smiling and dramatically turning upon him, he
shouted: "This is no laughing matter, Colonel Allen. It is a very
serious matter whether this man is to be allowed to-night to go home and
kiss his little ones, or whether he is to be cast into jail because you
used your brains to concoct a theory against him."

Another consideration, which seemed deserving of weight, was that if
Flechter did steal "The Duke of Cambridge" it would have been a piece of
incredible folly and carelessness upon his part to leave it in such an
exposed place as the safe of his store, where it could be found by the
police or shown by the office-boy to any one who called.

Yet the positive identification of August Gemunder and the fatal
disclosures of Eller, coupled with the vehement insistence of the
prosecution, led the jury to resolve what doubt they had in the case
against the prisoner, and, after deliberating eight or ten hours and
being out all night, they returned a verdict of guilty. Flechter broke
down and declared bitterly that he was the victim of a conspiracy upon
the part of his enemies, assisted by a too credulous prosecuting
attorney. Everybody admitted that it was an extraordinary case, but the
press was consistent in its clamor against Flechter, and opinion
generally was that he had been rightly convicted. On May 22nd he was
sentenced to the penitentiary for twelve months, but, after being
incarcerated in the Tombs for three weeks, he secured a certificate of
reasonable doubt and a stay until his conviction could be reviewed on
appeal. Then he gave bail and was released. But he had been in jail!
Flechter will never forget that! And, for the time being at least, his
reputation was gone, his family disgraced, and his business ruined.

A calm reading of the record of the trial suggests that the case