"That motion," continued the judge, "must be sustained. Moseby Allen has committed no crime under the statutes of West Virginia." "Committed no crime!" almost shouted the criminal jurist, doubling his long legs up under his chair, "why, old Allen admits that he got this money and spent it. He says that he converted it to his own use; that it was not his money; that it belonged to the county. The evidence of the State shows that he cunningly induced Wade to turn this money over to him, saying that his bond was good, and that he was entitled to the custody of the fund. The old rascal secured the possession of this money by trickery, and kept it, and now you say he has committed no crime. How in Satan's name do you figure it out?" "Haines," said the judge, gravely, "I don't figure it out. The law cannot be figured out. It is certain and exact. It describes perfectly what wrongs are punishable as crimes, and exactly what elements must enter into each wrong in order to make it a crime. All right of discretion is taken from the trial court; the judge must abide by the law, and the law decides matters of this nature in no uncertain terms." "Surely," interrupted Haines, beginning to appreciate the gravity of the situation, "old Allen can be sent to the penitentiary for this crime. He is a rank, out and out embezzler. He stole this money and converted it to his own use. Are you going to say that the crime of embezzlement is a dead letter?" "My friend," said the judge, "you forget that there is no equity in the criminal courts. The crime of embezzlement is a pure creature of the statute. Under the old common law there was no such crime. Consequently society had no protection from wrongs of this nature, until this evil grew to such proportions that the law-making power began by statute to define this crime and provide for its punishment. The ancient English statutes were many and varied, and, following in some degree thereafter, each of the United States has its own particular statute, describing this crime as being composed of certain fixed technical elements. This indictment against Moseby Allen is brought under Section 19 of Chapter 145 of the Code of West Virginia, which provides: 'If any officer, agent, clerk or servant of this State, or of any county, district, school district or municipal corporation thereof, or of any incorporated bank or other corporation, or any officer of public trust in this State, or any agent, clerk or servant of such officer of public trust, or any agent, clerk or servant of any firm or person, or company or association of persons not incorporated, embezzle or fraudulently convert to his own use, bullion, money, bank notes or other security for money, or any effects or property of another person which shall have come to his possession, or been placed under his care or management, by virtue of his office, place or employment, he shall be guilty of larceny thereof.'