People v. Fisher (303 Ill. 594, 1922)

Mr. Justice Stone

delivered the opinion of the court:

Plaintiff in error, George L. Fisher, with Harry Sol-lick, was indicted in the criminal court of Cook county for the robbery, with a gun, of certain diamonds and property from LeRoy Present, of the value of $242,000. Separate trials were allowed, and on trial of the case against Fisher he was found guilty and sentenced to the penitentiary. The cause is brought here for review.

It is contended that the evidence does not support the verdict; that the court erred in not granting a new trial; that the court erred in its remarks in the presence of the jury and in permitting prejudicial questions to be asked, and in the admission of testimony.

The People’s evidence shows that on April 22, 1921, at about 9:3o A. M., while the complaining witness, Present, was displaying a quantity of diamonds in the private office of Julius Reingold, in the city of Chicago, plaintiff in error entered the room and with a gun in his hand ordered Present to put up his hands. Present testified that he complied with this order and was told to turn his face toward the outside window; that about half a minute later a second man came in and covered Reingold and Present with a gun; that the plaintiff in error took the wallet with the diamonds, which were not mounted but were in paper packages, and Present and Reingold were tied and a handkerchief was placed over the mouth of Present; that neither of these men was blindfolded and that the assailants did not wear masks; that the value of the goods taken amounted to about $242,000. Present, in his testimony, very positively identified plaintiff in error as being the man who came in and ordered him to hold up his hands. The testimony also shows that he identified him in Cincinnati, where Fisher had been arrested and was being held on a warrant sworn out by Present in the city of Chicago. After release from the ropes with which he and Reingold were tied, Present called the police and gave them a description of Fisher and Sollick. John M. Connely, a police officer of the city of Chicago, testified that he went to Cincinnati on September 16, 1921, to bring back plaintiff in error; that he met Present in that city", and that he was at the police station in Cincinnati when Present appeared there with his attorney; that at that time there were four or five prisoners in the open part of the jail and that Present identified Fisher as being the man who had held him up. Present’s attorney, A. B. Scolink, corroborates Connely in this particular. The State’s evidence also shows that plaintiff in error and his wife were registered at the Lexington Hotel, in the city of Chicago, from the morning of April 14, 1921, until the evening of April 23, 1921, when the hotel record shows them as having been checked out. While Reingold stated that he could not identify Fisher as one of the robbers, his other testimony concerning the robbery was substantially the same as that of Present.

The defense was an alibi. In support of this defense plaintiff in error offered the testimony