The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1885-10-31
WRONGLY SENTENCED.
An Innocent Man Set Free Al.
ter Five Years Conf1ue.
ment

Story That Shows How MislesdIns Cir
cumstantiai Evidence May Bs-Ths
Danger o. Entirely Relying
ON Such Testimony.
''The hardships and wrongs inflicted
by convictions upon circumst antal evil
dence and mistaken identity are well
illustrated in 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" remart ed Matthew
Adams. bailiL Of the Colorado Supreme
Court, to press representative. Con-
tinuing, he said:
Elm 1878 there was q 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 law abiding and
industrious citizen, enjoying the conf
dence of the community, and his
neighbors 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 intelli-
gent citizens, some of whom knew him
well.
His trial consumed seven days, and
NNring 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 st gina of the occasion, but
he was brave man, and faced the
charge with an unflinchng 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 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 fathers s;de her hand in his, trying
to cheer and comfort him. An appeal
was taken to the Supreme Court, pend.
ing which Mills was remanded to the
custody of the jailer 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 sem
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. -..
1T 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 clnng
to him in an agony of despair. With
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 return to them again, and COM
mending them to his Heavenly Father
who had said. will never leave thee
nor forsake thee. he turned to me and
said he was ready to 90
There we're five other prisoners who
had been sentenced to various terms at
hard labor. also awaiting removal to
the penitentiary We took evening
passage BY steamer fol Rockland
ironed the five together. placing them
IN the cabin on man deck After the
moorings were cast off / invited Mills
upon the quarter deck did not place
the irons upon his wrists not that de-
sired or intended to give him more lib
erty or better treatment than that ex-
tended to the other prisoners on board.
but looking upon him more a. an un.
fortunate victim Of rcumstances than
~ felon. shrank from driving the
iron deeper in his soul.
The steamer had passed through the
main channel. rounded White Head.
and was well out to SEQ. when we
reached the upper deck; the city, lights
were far behind US, the clear rays Of
the cape light lent brilliancy along
the steamers course. and the waters
CLASSY. surface looked like FURNISHED
silver. The moon was shining clear and |
bright
mo one could he seen - We paced
the deck fore and aft except the helms
man 1t the wheel and the watc b on the
starhoard bow Ms wac calm. but
there was despair in his every move
msnt and wri.ssn IN svsvy llnssment Of
hls pale faes. ~ few hours ! should