Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1886-01-20
THE WRONG MAN SEN.
FENCED.

"The hardships and wrongs inflicted
by convictions upon circumstantial
evidence and mistaken identity are
we'll illustrated in a case which came
under my notice and with which had
something to do, which shows its un-
certainty and the danger of relying
entirely upon such testimony. however
clear and convincing" remarked Mat
thew Adams, bailif of the Colorado
supreme court, to a representative of
The Denver Tribune Republican. Con-
tinuing. he said:
lin. 1863 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 elo-
quent in his denial of any knowledge of
the origin of the fire. He was we'll and
favorably known as law abiding and
industrious citizen, enj lying the conf
dence OF the community, and his neigh
bors were loatp to believe 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 indict-
ment and time of trial, and had fire.
quent conversations with him relating
to the circumstances Of the fire. His
modest, quiet manner and gentlemanly
department while under my charge and
his apparently straightforward state
ment asserting b sentireiyno, aace OFT 10
crime, excited my sympathy IN his be-
half, and became convinced that he
was innocent, and that the real crimi-
nal was still at large and unknown to
the officers.
Nothing occurred which threw any
new ligh: upon the crime. and tho
community generally came to believe
in his guilt. The grand jury returned
for arson against HIM, setting fire to
dweliing-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 in
telligent citizens, some of whom knew
! him we'll.
! 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 chiid-met
him every morning rs he was brought
from the Jail to tho courtroom. and
they both sat by his side through all
the hours of each day, showing de-
votion and loving solicitude that was
pathetic. He was q proud man, and
one could see that he keenly felt tho
humiliation aud stigma of the occasion.
but he was brave man, and faced the
charge with an unninching 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 delibe, alton 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 brought IL 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 dau.c,h-
ter. with loving devotion. remained BY
her father side, her hand in his, try
iuE to cheer and comfort him. An ap'
peal was taken to the supreme court.
pending which Mills was remanded to
1 mo custody Of the iailer to swat the
i Judgment of the appellate court Upon
review. the supreme court confirmed
the Judgment.
,. Nothing now remained for the trial
court to do but to pass tho dread sen
tence. Mills was again brought into
court, and was sentenced to one year
solitary imprisonment and then TO be
banged by the neck until he be dead,
may God have mercy ON your soul
were the final words that fell from the
lips of the presiding judge, like = knel
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 his sen
tence. will no: dwell upon the agony
of the final parting from Els wife and
daughter at the Jail, while they both
olung to him in an agony Of despair
| With . voice fnll Of love and tender
ness he told thene to be OF. good cheer
to be hopeful, that he was innocent
and soon he would return to them
again; and commenting them 70 his
heavenly Father, who had said I viii
never leave thee nor forsake thee, h<
turned to me and said he was ready
'There were I've other prisoners who
had been sentenced to various terms q
lizard labor also awaiting removal e
the penitentiary.E We took evening
passage by steamer for Rockland.
ironed the dve together, placing them
In tho cabin on main deck. sAfeer tn
mooriugs were cast OF invited Milk
upon the quarter deck. I did moi
ipiaoe thsShons uponh wrists 20
IS. s.. SIS ~ ss H. ~ 8. s s = d