Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1885-09-24
THE WRONG MAN SENTENCED.
A Story That Shows How Misleading
CircamstantiaI Evidence May BE.

Circumstantial Evidence May BE.
''The hardships and wrongs inhict-
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 testimony, now
ever clear and convincing" remarked
Matthew Adams, bailif of the Colora
do supreme court, to a representative
of The Denver Tribune Republican
Continuing, he said:
''In 1868 there was man by the
name of Mills arrested in Portland.
Me-, for arson, and delivered by the
officer making the arrest into my cus~
tody as sheriff of the county. He was
charged with setting fire to the dwell
ing In which he then resided, belong
ing to one Haley. Miles was earnest
and eloquent in his denial of any
knowledge of the origin of the fire.
He was we'll and favorably known as
lawsabiding and Industrious citizen,
enjoying the confidence of the COM
muRity, and his neighbors were loath
to believe him guilty of a 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 his 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 uns
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 a 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 face, watching it's
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
a proud man, and one could see that
he keenly felt the humiliation and
stigma of the occasion, but he was q
brave man, and faced the charge with
an unflinching confidence that he
would be 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 deiiberation apon 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.
Vixen thejury 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 judg-
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 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 knell on the poor condemned
mans last hope.
SIT became my duty, under the
mandate of the court, to remove him
to the state prison in execution of his
sentence. L will not dwell upor the
agony of the final parting from his
wife and daughter at the jail, while
they 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 hopeful, that he was
Innocent, and soon he would return
to them again and commencing them
to his heavenly Father, who had said
i 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