West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1883-03-24
The Punishment of IN. .nnoc,

u.
The proportion OF con vic,s who are cd,
soiutely gulltless of crime Is no doubt
ANAL, but cases VI the conviction, zen
tence, and punishment OF innocent men
occur often enough to warn all courts and
1uries Of the necessity of carefully obey
ing that wise and humane rule of our law
which gives the accused the benefit OF
every reasonable doubt,
Che OF the mos, remarkable csses ever
fecorded-that OF the pardon Of a man on
the ground OF his innocence after an i'm
prisonment for moro than a quarter of a
century--is now reported from Michigan.
In November, 1c53, an elderly bachelor
from Vermont, named Estabrook, ar
rived al Burr Oak, Michigan, on his way
10 o. Joseph's county, where he was To
be married TO Miss Wood. Before leav.
ing the East he bad sold his property. aud
ne look the monep with hun. The mex,
Gay The stranger drove To Leonidas. a
town within few miles of the residence
OF has Intended bride There he took din
ner' ana was TO go on IN the afternoon.
out Tor some reason dismissed the vehicle.
fhe next morning the tavern keeper paid
teamster to carry Esisbrook's trunk To
miss woods with message that the Yer
monter would follow in a few days.
Estabrook, however, did not srpear
anu nolhing was heard about him until a
long time after, when man named Giles
Harding, who was in Jail for stealing.
made pretended confession 10 the effect
THAT Estabrook had been murdered. and
that he was priyy to the crime. He said
that he saw the strangsr at the tavern at
Aeonidas, but did not speak to him, Al
terward, when Estabrook was on the road
TWO miles from Leonldss, a wagon In
which were two nen named IJlum and
White approached the yermonter. and
they offered TO give him lift to Miss
Woods house, which they said they would
pass. He accordingly got in the vehicle,
and Two or three miles further on the
wagon was turned of from the p-Jper
road and driven into the woods, where the
stranger was murdered. Harding, who
had followed, then jumped into the wagon
with Ulum and White.
That was the story told by Giles Hard
Ing, and, in consequence of it, Harding,
Olum and White were Indicted for the
murder Il Estabrook. Hsrdlug, of course,
was the principal witnCss for the STATE.
and the tavern keeper testified that Ests
brook left his house about dark on foot
with stranger who was To show him the
way. Harding was proved To be noto-
rious liar, and it was shown that he had a
grudge against Ulum and White. Neither
the body nor the clothing of Estabrook
could be found, and none of the testamo.-
ny except Hsrding's reslly implicated the
accused.
Yet Harding, White and Ulum were
convicted, and all three sentenced for life.
The first two died in prison, White pro
testing his innocence of the crime on his
oeathbed and Harding made an affidavit
before the agent of the prison that Meth .
White nor Ulum had anything to do with
the murder, that his pretended confession
was an entire falsehood. and that the real
murderer was the tavern keeper. On his
dealhbed Harding again declared the in
nocence of Ulum and White. He died
several years ago, but nothing was done
In behalf Of the only survivor If The tnr,e.
Ulum, until the OH of this man. b. When
he Was psrdoned by Gov. B-goie, o Men
igan.
Samuel Uium now leaves prison after 4
confinement Of tweniy-seven wears, a
brokendown man. The Inference from
the Governors pardon is that ne never
ought to have been punnshed al all, but
Is an innocent victim of perjury and NAL
ace and the carelessness Of 10. jury ~nicn
found him guilty IN evidence yvhicp,
Tar as 1t Is now recalled, was not eutl,leu
to credence, or at least ough, not 10 have
done more than raise a suspicion iu the
minds of an intelligent and fair minded
fury.
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