The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1888-06-20
Are You Justly a Convict!


tons, not are you guilty? but are you pay
my the penalty justly prescribed by law
for the commission of crime? Was and
is your imprisonment necessary for the
A CRIMINAL? If so. you are justly con-
Wet; if you are not, then hold your i'm
prisOnment is a greater wrong than the
crime defined by the statute under which
you was convicted.
Few acts are, in themselves. crimes. The
taking of human life is not in itself crime,
and only becomes one by attendant crcum-
stances, well defined in law. These cir
cumstances define the crime and determine
the degree. And again. it takes more than
the mere taking of the property of another
to constitute the crime of larceny; more
than the act of spending the money of an
other to constitute embezzlement; more
than writing the name of another on draft.
check or note. to constitute forgery. And
so we might go through the category of
crimes. What. then, is the measure of
their bearings. Not alone the intent OF the
party, for this must be determined by the
circumstances and is therefore conclusion.
You may say, the intent exists or does not
act. True, but who knows it but the actor?
Hence it must be determined by the crcum-
stances, and they, in reality, are the meas
<,+ Ill ;,,o @o-I<
the cause of the fight, the manner of the
fight, the nature of the injury which causes
BIS death, the previous relations of the par
ties, their character. their relative physical
and mental powers, and many other things,
all coming under the head of circumstances,
may enter into the question to determine
the crimnality of A. Let us take a case
from reality: 1t is shown that there had
been enmity existing between A and B;
that AS reputation is not the best; he has
been under arrest; he is the equal of in
physical and mental powers, to all appear
anceS. He kills B with common pocket
knife. ALI the circumstances point to his
guilt. But two boys of eleven and four
teen years come before the court to testify
for the defendent. The prosecution has
made strong case, only the defendent and
his attorney know what these boys will tes-
tify to. They are strangers to the judge,
but known to some of the jurors as the sons
of respectable widow. 1t is soon nOised
about the court room who they are. They
are sworn; the older takes the stand. He
tells his story in his own manner; it is simple
and brief. He and his brother were hunt
ing squirrels on the day of the tragedy, and
were seated on the hillside watching an old
chestnut tree, in which they thought was a
nest of young squirrels. They were near
the highway and saw these men meet.
Heard B tell A that he had been ''lOOk-
ing for an opportunity to lick him for some
time" Heard A tell him that he had no
desire to fight and would admit that B was
the best man: that he (A) had been sick for
some days and begged B not to force him to
fight. Saw B strike A, and knock him
down and jump OH him, then drop onto him
with his knees. After some farther strug-
gle on the ground saw A roll B off, and then
went to the scene of the fight and saw B
bleeding upon the ground. but unable to
speak. A had asked the boys if they saw
and heard what had passed, and they had
said they did. A had requested them to
say nothing to any one until they were
called Upon. They had done as they were
told. Both boys swOre to substantially the
same facts.
A had previously testified that he did not
use the knife until had choked him severe
ly, and he thought B meant to kill him as
he said while he held him by the throat,
You will never live to bother any body as
you have me-" The jury, after deliberat-
ing two days, disagreed. He was tried
again and acquitted.
Now. what would have been the result
had not these accidental witnesses appeared
upon the scene? They would have hung
A. and his name would have gone down to
history as cold lOOded murderer.
Space will not permit, or l might 60 into
the facts more fully and explain why they
were so anxious to convict A. l have only
given the main facts to show how slender is
the thread that holds mans life, when cir