The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1885-10-31

deliver him to the warden to enter upon
his solitary confinement before execu-
ton Of the death sentence.

Mo oOltoAJ CO1uucfutut U6lOIG 6ASftu-
ton Of the death sentence.
I'VE were standing alone Just abaft
the wheelhouse. looking out upon the
moonlit waters. when / turned. aud.
standing before him with one hand upon
his shoulder. reminded him that he
had been under my charge for sever al
months; that during all that time his
department had been unexceptionable;
that he had been granted fair and i'm
partial trial-he had been defended
by able and honest counsel-and while
l doubted his guilt, the presumption
was too great and the evidence. though
circumstantial. too strong for the jury
TO report different verdict from the
one announced, and l said to him he
could have no hope Of executive Glenn
ency in his behalf; that he was guilty
because the jury had so declared and
the court had SO adjudged, and nothing
could be gained now by falsehood or
equivocation. charged him to tell me
the truth relating to the fire. and the
poor condemned man quickly turned
toward me. the light sea breeze tanning
the gray locks back from his brow,
while the reflection Of the pale moon
lent a weirdness to his face, SO full Of
despair, and resting one hand upon my
shoulder, and with the other raised to-
ward heaven, he said:
Realizing the awful doom awaiting
me--that after the year Of anguish and
torture in my solitary cell. which is a
part Of the sentence pronounced upon
me, l am to suffer an ignominous,
dreadful death-by my hope Of heaven.
/ swear to you that know no more how
that fire originated than yourself. OF
what avail would falsehood be to me
now? l have received but kindness
from you during my months of impris-
onment. ! can not say that my trial
was not fair one. find no fault with
the Judge or jury. and my counsel were
untiring in their efforts in my behalf.
Yet, repeat-and this is all that is left
me now-thst. as God hears me-tbat
great Judge, before whom am soon to
stand-I am innocent
THE poor man staggered like one
blind. and sank to the deck. Never
shall l forget the agony depicted upon
his upturned face at that moment His
earnestness and his solemn words i'm
pressed me with awe. | could no longer
doubt his innocence, and then made a
vow that would do all in my power to
save him from the gallows.
II delivered him, with the other
prisoners l had in charge. to the warden
of the prison, with papers Of commit
ment. | could make no stay. as the
coach was waiting for my return to the
steamer. l hurriedly babe him good
bye, and to be brave, that would not
forget him. 1t was pitiful to see that
strong man cling to me, weeping like
child, until he was forcibly removed by
the turnkey.
Upon my return to Portland l at
once conferred with the county attor-
ney, and communicated to him my ex-
per.ence and my firm belief in Mills
innocence. He heartily seconded my
efforts, and we soon had a petition
signed by the judge who presided at the
trial. eleven of the jury who composed
the trial panel, the county attorney, and
nearly all the county and city officers,
with large number of prominent citi-
zens. The prayer of the petition was
that the Governor commute his SEN
tence to Imprisonment for life. It was
presented to his counsel, the Governor
granted the prayer. and Mills life was
saved
Some five years later, at nine o'clock
in the morning. a white-haired man,
weighed down-with sorrow, came into
my Office and inquired for me. An ap-
parent stranger stood in the doorway.
He looked earnestly for moment, and,
seeing no recognition in my face, with
sad. tremulous voice, he said: is it
possible you have forgotten me?' Not
until then did know that he was the
same man who five years before had
been convicted and sentenced to death
for crime he never committed. Motto
ing my astonishment at seeing him
again in Portland and at liberty, he at
once explained that the warden had re-
ceived telegram from the Governor
ordering his immediate and uncondi-
tional release.
I'm explanation Of this action BY the
executive. l will simply state that some
years after Mills conviction notorious
character was arrested in the city for
highway robbery. for which he was in
dicted, tried. convicted, and sentenced
to thirteen years at hard labor. and was
confined in the same penitentiary where
Mills had so long suffered
'His dissipated habits had already
destroyed his health. consequently he
soon broke down under the rigors of
prison discipline Death was fast ap-
preaching him, its terrors aroused his
Scared conscience to right . terrible
wrong. Having sent for the warden,
the dying criminal confessed that it was
he who had set fire to the dwelling by
throwing roll of cloth saturated with
petroleum through the window and
under the bed Of the sleeping occupants,
that he was melted to infiict this cruel
wrong upon Mills in revenge for an old
time grudge and enmity against him
The saddest part of it all was that.
after having endured all these years of
punishment he came back to find his
daughter and only child dead and his
faithful, loving, devoted wife totally
blind
"Circumstantial evidence. while in its
general character often seems more re-
liable than the oral testimony of living
witnesses. who may be prejudiced OF
bribed, is. nevertheless, sometimes too
strong-proyes too much. and is liable
to be misused. Denver 1yi6une-Re-
publican