The Republican. [volume] (Oakland, Md.) 1877-current, 1885-10-17
WRONGLY SENTENCED.
An Innocent Man Set Free At
ter Five Years Confne>
ment.
A Story That Shows How Misleading Cir
cumstantial Evidence May Be-The
Danger of Entirely Relying
on Such Testimony.

''The hardships and wrongs inncted
by convictions upon circumstantial evil
dence and mistaken identity are well
illustrated in a case which came under
my notice and with which had some
thing to do, which shows its uncertain
ty and the danger of relying entirely
upon such testimony, however clear
and convincing remarked Matthew
Adams, bailiff of the Colorado Supreme
Court, to press representative. Con-
tinuing he said
''In 1873 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 custody as
Sheriff of the county. He was charged
with setting fire to the dwelling in
which he then resided, belonging to one
Haley. Mills was earnest and eloquent
in his denial of any knowlede OF the
origin of the fire. He was well and
favorably known as a law-abiding and
industrious citizen, enjoying the conf
dence of the community and his
nejghbors were lOath to belief him
guilty OF capital crime.
His prOtestations of innocence were
of no avail, and, upon examination, the
police magistrate found probable cause
and he was held without bail to await
the action of the grand jury Some
weeks elapsed before his Indictment and
time of trial, and l had frequent con-
versations with him relating to the cir
cumstances of the fire. His modest.
quiet manner and gentlemanly deport-
ment while under my charge, and his
apparently honest and 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 Grim
inal was still at large and unknown to
the officers.
Nothing occurred which threw any
new light upon the crime, and the com
munity generally came to believe in his
guilt The grand jury returned an in
diCtment for arson against him, setting
fire to dwelling house in the night
time, with intent to burn the same. for
which the punishment under the laws
OF that State was death
He was put upon his trial under the
Indictment. He was defended by emil
nent and able counsel, and the trial Jury
was composed of upright and ntclli-
gent citizens, some of whom knew him
well.
His trial consumed seven days, and
during the whole time he sat with calm,
pale face, 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 courtroom,
and they both sat by his side through
all the hours of each day, showing a
devotion and loving solicitude that was
pathetic. He was proud man and one
could see that he keenly felt the humili-
alton and stigma of the occasion, but
he was a brave man, and faced the
charge with an unhinching confidence
that he would be finally acquitted. The
testimony and argument of the counsel
was concluded; the oral charge of the
court to the jury was given and the jury
retired.
During their elaboration upon the
verdict which would restore him to
liberty and the bosom of his family or
to a solitary cell and final execution,
Mills was apparently unmoved. When
the jury finally brough 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 daugh-
ter, with loving devotion, remained by
her father 5 de- her hand in his, trying
to cheer and comfort him. An appeal
was taken to the Supreme Court, pend
inc which Mills was remanded to the
custody of the ialer to await the judg-
ment of the appellate court Upon re-
view, the Supreme Court affirmed the
judgment.
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 and 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 a
knell on the poor condemned mans last
hope
at became my duty, under the man
date of the court to remove him to the
State prison in execution of the SEN
tence will not dwell upon the agony
of the final parting from his wife and
daughter at the jail, while both chung
to him in an agony of despair. With a
voice full of love and tenderness he told
them to be of good cheer, to be hope
full, that he was innocent, and soon he
would ceturn to them again; and COM