The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-06-10
HESELTON AND HAYES.

The happening of two events, Tuesday,
suggests the enquiry whether our laws, or
usages, relative to the arrest and examina-
ton of alleged offenders against the law
are, in all respects, just and equitable ?
Charles Clifford Heselton was arrested
March 22d, for the alleged murder of his
infant child, and has been confined in jail
since that day, bail having been refused.
The circumstances of his case are well
known to our readers. A child of his was
born during the night of February 29, with
out the presence of physician, and no
one was cognizant of its birth except its
parents-,he accused aud his wife. 1t was
conceded, On all sid :, that the child came
10 its deah from wound in its head,
caused by some sharp instrument. The
accused admitted this, but claimed, perhaps
truly, that he was ignorant of the manner
in which it was intli' ted. He insisted that
it must have been tie result of an acC ident,
and there was no proof showing, or tend
ing to show, that it was Inflicted by design.
At the preliminary examination, the testi-
mony of every poison who could have had
any knowledge of the circumstances was
taken, and no explanation of the wound
was offered. Heselton was entitled to the
presumption of innocence and to the benc-
fit of his previous good character, and,
although these were not overcome, he was
committed for trial without bail and re-
NAMED in Jail until Tuesday. We do not
question the legality of the Justices decis-
ion. Under the law, or usage, he was only
that a crime had been committed, and that
there was a reasonable probability that the
accused was guilty. Having come to these
conclusions, he could only take the course
A.--.-s - 49, -.'------.
without being convinced that, On The same
testimony, no grand jury would indict or
petit jury convct-and all probable and
possible testimony was adduced before the
justice. Yet, after lying over two months
in jail, he is discharged and has no remedy
for his lost time, his suffering, the stigma
cast upon his name, or the suffering en-
tailed on his family.
The same day that Heselton was dis
charged witnessed the commttal of M. G.
Hayes to the common Jail in Rutland, in de
fault of bail, to await his trial on the charge
of alleged arson. We question not the lie
gality of the Justices action, we have every
reason to believe that it was honestly
reached, and that he was actuated only by
desire to do his whole duty in the prem
ses without fear or favor, yet is there the
remotest probability that Hayes can bt
convicted on the testimony already taken
We have published the evidence in full, il
was all introduced by the prosecution-tht
accused not entering upon his defense
and our readers are as well prepared t
judge of the probabilities of an ultimate
conviction as we are. Granting that thu
justice, under the laws and usages of th
state, could come to no different conclu
sion, is it not a great hardship to the &C
cused, if he is innocent, as we are boun(
liberty, deprived of associates, stigmatizeC
for life, and ruined in business, because i
may seem that there is probable reason t.
believe him guilty of crime that canno
be proved against him? This case may
not, probably does not, go to the extreme
of the Heselton case. There, the crime
US well as the guilt, was presumed. Here
there would appear to be not the shadow
of doubt that crime has been commit
ted, and only the guilt is presumed SOM
remedy for this condition of things ough
to be found. Innocent men are often in
carcerated in prison on mere suspicion
and, for all the wrongs they suffer, arr
completely remediless. These cases arr
becoming so frequent that they ought t.
attract attention, and some remedy, con
sistent with the safety of so ciety, ought t
be found.
SATISFACTORILY ENDED"l
The suneriOr court of New lIampshir