The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1885-07-31

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referred to. not for the purpose of pre-
Judging Maxwell, but simply to illus
trate the subject under consideration
with story that is now exciting popu-
lar attention the world over.
Yet though eircumstantial evidence
holds this high rank in the estimation OF
lawyers, the books are full of cases in
which the strongest of such evidence
has proved the most misleading and has
brought upon innocent heads the PEN
atty of crime. Cicero relates a remark
able case in point: A man going to mar
ket with a sum of money in his posses
sion was overtaken by another, stran-
ger to him. The two fell into CONVEX
sation, and q mutual liking having
sprung up they resolved to continue in
company for the journey. Stopping at
an inn for the night they agreed to share
the same bedroom. The landlord Of
the inn, who was desperate character,
noticed that the first-named traveller
carried large sum in cash, and resolv-
ed to gain possession of it if possible. In
the middle of the night he crept into the
bed-chamber where his guests lay, and
finding them in sound sleep-he had
probably druggrd their wine for the oc-
| casion-he drew the sword of traveller
number two, and with it slew the pos
| SCISSOR of the coveted wealth, which he
carried off, having first returned the
| bloody sword to the sheath of the inno-
cent sleeper. The latter awoke before
daylight, and falling to arouse his COM
panion from what he conceived to be a
remarkably profound slumber. went on
his way alone. Shortly afterward the
landlord gave the alarm of murder, the
neighbors were aroused and pursuit of
the departed man was instituted. He
was soon overtaken. and the circum
stances having been all related, and the
bloody sword found on his person, he
was promptly taken to Rome and pros
ecuted for the murder which he had not
| committed.
A very famous case of miscarriage OF
justice was that of LIE Brun. He was
valet to lady of fashion named Lady
Mazel, who lived in Paris. LIE Brun
slept in room connecting with the
main hall of the house, and his mistress
in a room on the second floor. 1t was
his custom to take orders from her the
last thing of night, and then, withdraw
ing with her maids from her bedroom,
to leave the key of the room on chair
on the inside and close the door. which
shut with spring lock and could only
be opened from the inside. On the
night of the murder all went on rs
usual. LIE Brun, after closing his lady's
door, went down stairs and, according
to his statement, sat down before the
kitchen fire and fell asleep. Upon
awakening, after period that he esti-
mated at an hour, he went into the hall.
and finding the street door open, locked
it and retired. In the morning his mis-
tress being much later in appearing than
usual, LIE Brun became alarmed and
sent for Lady Mazel's son, NJ. de Sa-
voniere, who said something about his
fear of apoplexy. LIE Brun said: ut
must be something worse" and spoke
of finding the street door open the
night before. He seemed very much
excited, and when locksmith had been
sent for and the door of the
lady's chamber broken open, he was
the first to rush to the bed, and draw
ing aside the curtains exclaimed: "Oh.
my lady is murdered!'' Then running
to the wardrobe he lifted the strong
box. and. finding it heavy, he added:
'.She has not been robbed. How is
this?" The body was covered with
wounds, and the hands particularly,
showing that a desperate struggle for
life had taken place. LIE Brun was ar
rested and put to the torture to compel
confession, the theory of the prosecut-
ing officers being that he had let in an
accomplice during the night, who had
performed the bloody deed, and then
been as secretly let out. This theory
was supported by the fact that when
LIE Brun was searched they found upon
him akey, the wards of which had been
enlarged by filling, and which was
found to open the street door, the ante
chamber, and both doors in Lady Ma
zel's chamber. If LIE Brun was inno-
cent, why had he not used this key to
make a way into the bedroom instead
of sending for locksmith to break a
way in? The only defense was a
straight denial of guilt supported by
the long and faithful service of the ac-
cused man. As has been stated, he was
put to the torture, and this was done
with such severity that he died in few
days from his injuries. Within month
after the real culprit, discharged foot
man named Berry, was found and exc
cuted.
One of the saddest cases on record is
that of Eliza Fenning, a young and
beautiful girl who unjustly suffered the
extreme penalty under the old DRAGON
ian English law of 1915, for the offense
of. as was alleged, administering poi
son with felonious intent. She was en-
ployed as a servant in the house of a
family in Chancery lane, and one day
the whole family, including herself, tell
sick with symptoms of arsenical poison
ing. Investigation showed that some
dumplings which she had made were
strongly impregnated with arsenic, and
she was arrested. The facts that she
had eaten and suffered with the rest,
and that she had made no attempt to
remove the evidences of guilt, if guilt
there had been, were not permitted to
weigh at all in her favor. In his ac-
count of the ease Sir Samuel Romilly
says: The Recorder appeared to have
conceived strong prejudice against
the prisoner; in summing up the evil
dence he made some very unjust and I'M
founded observations to her disadvant-
ono and che was conyicted ~ Petitions