1893 Theft Case: Was Justice Served for Cosmo Devito?

Here’s a story which maybe you haven’t heard before. In April 1893, Blantyre man Cosmo Devito was up in court charged with stealing £25 from the house of his employer. Now that was a LOT of money in those days and the employer was an ice cream man.

Cosmo explained that he had left the house and walking through the garden towards the main road, had seen something sticking out from the base of the hedge. Upon investigation, he found a partially buried box near the roots and opening it found money. He told the court through an interpreter that he had no idea of the value being a foreigner and that he further had no idea it belonged to anybody. He had found it bizarre that there would be money at all stored outside.

The house owner, who did own the little box, explained this was theft as the money had been taken from his garden, regardless. This was a time before the Commercial Bank opened in Blantyre, so business owners may have been taking it upon themselves to keep money at home and may have wanted to keep it nearby in less obvious places in case of burglary.

The Sheriff in Court suggested that the house owner be more careful in future especially learning that the box was outdoors near a public highway and contained £80 (about £15,000 in today’s money!!). Cosmo, who protested in court that he had merely found this sum with no idea who it belonged to, unfortunately found himself sentenced to 21 days in jail.

What’s the thoughts? Was the judge right? Was an injustice done in court that day?
AI imagines the scene.

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  1. A pity Cosmo was owners employee, otherwise he MAY have gotten away with it.
    Since it was his employers money, he could have found about the hiding place.
    The 21 days was not bad but the (presumable) loss of his job probably hurt more. He may have had to leave the area to find another job…..the local tom toms would get that story around toute suite!

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