Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1885-09-18
THE WRONG NAN SENTENCED.
A story That Shows How Misleading
Cfrcumstantial Evidence May BE.

A story That Shows How Misleading
CIrcumstantial Evidence May BE.
''The hardshlps and wrongs inf1ict-
ed by convictions upon circumstantial
evidence and mistaken identity are
well illustrated In a case which came
under my notice and with which /
had something to do, which shows Its
uncertainty and the danger of relying
entirely upon such teslmeny, now
ever clear and convincing" remarked
Matthew Adams, baihff of the Colora
do supreme court, ID representative
of The Dsnver Tribune-Repubiican.
Continuing, he said:
In 1868 there was a man by the
name of Mills arrested in Portland,
Me-, for arson, and delivered by the
officer making the arrest into my GUS
tody as sheriff of the county. He was
charged with setting fire to the dwell
ing in which he then resided, bslong-
ing to one Haley. Miles was arrest
and eloquent in his denial of any
knowledge of the origin of the fire.
He was well and favorably known as
law>abidine and industrious citizen,
enjoying the confidence of the COM
munity, and his neighbors were loath
to believe him guilty of capital
crime
His protestations OF innocence
were of no avail, and, upon examina.
ton, the police magistrate found
| probable CASE and he was held with
out bail to await the action of the
grand jury. Some weeks elapsed be-
| fore mis- Indictment and time of trial,
and had frequent conversations with
him relating to the circumstances of
the fire. His modest, quiet manner
and centenary department while
under my charge, and his apparently
honest aud straightforward statement
asserting his entire ignorance OF the
crime, excited my sympathy IN his
behalf, and | became convinced that
he was innocent, and that the real
criminal was still at large and un>
known to the officers.
Nothing occurred which threw
any new light upon the crime, and
the community generally came to be-
lieve in his guilt. The grand jury re-
turned an Indictment for arson
against him, setting fire to dwell
ing house in the night time, with in
tent to burn the same for which the
punishment under the laws OF tie state
was death.
He was put upon his trial under
the indictment. He was defended by
eminent and able counsel, and the
trial jury was composed Of upright
and intelligent citizens, some of whom
knew him well.
His trial consumed seven days,
and during the whole time he sat
with calm, pale fac., watching its
progress with apparent indifference.
HIS wife and lovely daughter-his
only child-met him every morning
as he was brought from the jail to the
court room, and they both sat by his
side through all the hours of each
day, showing devotion and loving
solicitude that was pathetic. He was
a proud man, and one could see that
he keenly felt the humiliation and
stigma of the occasion, but he was a
brave man, and faced the charge with
an unfinching confidence that he
would be acquitted. The testimony
and argument of the counsel was
conclud, d j; theo oral charge of the coui
to the jury was given, and the jury
retired.
During their deiiheration upon the
verdict which would restore him to
liberty and the bosom of his family OF
to a solitary cell and final execution,
Mills was apparently unmoved.
Vixen the jury finally brought in their
verdict of guilty the unfortunate man
seemed stunned for moment, and
his wife was SO overcome that the
officers were obliged to remove her,
while his daughter, with loving devo
ton, remained by her fathers side,
her hand in his, trying to cheer and
comfort him. An appeal was taken
to the supreme court, pending which
Mills was remanded to the custody of
the jailer to await the judgment of
the appellate court Upon review,
the supreme court affirmed the iudg-
ment.
Nothing now remained for the trial
court to do but to pass the dread sen
tence. Mills was again brought into
court and was sentenced to one years
solitary Imprisonment aud then to be
hanged by the neck until he be dead,
and may God have mercy on your
SOUL were the final words that fell
from the lips of the presiding judge,
like knell on the poor condemned
mans last hope.
ut became my duty, under the
mandate of the court, 10 remove him
] to the state prison in execution of his
sentence. l will not dwell upor the
agony of the final parting irons his
wife and daughter at the jail, while
they both chung to him in an agony
of despair. With voice full of love
and tenderness he told them to bs of
good cheer, to be hopeful, that he was
innocent, and soon he would return
to them again and commencing them
to his heavenly Father, who had said
4 will never leave thee nor forsake
thee, he turned to me and said he was
ready to 60.
There were five other prisoners
who had been sentenced to various
terms at hard labor, also awaiting re-
moval to the penitentiary. We took
evening passage by steamer for Rock
land I, ironed the five together,
placing them in the cabin on main
deck. After the moerings were cast
off | invited Mills upon the quarter
deck. did not place the irons upon
his wrists, not that | desired or intend
ed to give him more liberty or better
treatment than that extended to the
other prisoners on board, but looking
upon him more as an unfortunate
victim of circumstances than as fell
on. | shrank from driving the iror
deeper in his soul.
THE steamer bad passed through
the main channel, rounded White
head, and was well out to sea, when
we reached the upper deck; the city's
lights were far behind us; the clear
rays of the 'cape light lent briliiaa-
sy along the steamers course, and the
waters CLASSY surface looked like
FURNISHED silver. The moon was
shining clear AMI bright
mo one could be seen as we paced
the deck fore and aft except the helms.
man at the wheel aad the watch on
the starboara bow. Mills was calm,
but there was despair in his every
movement and written in every Inca
ment of his pale face In a few hours
I should deliver him to the warden