The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1889-05-30

said, was looking for work. He had been
walking for several days and passed near
| the house either shortly before or after the
crime was committed. The fact that he
had no one to cOrrObOrate his story was
| taken in connection with the footprints
cOincidlng with his. and formed what is
termed IA ''chain of circumStantial evidence"
This man served over eight years in prison,
and would be there still. had not the real
offender confessed when on his death bed.
TO look at the evidence in this case we
would naturally say that it was a gross in
| justice to ever convict the man. But there
is no doubt that the feelings of the people
at the time of the trial did more to form
the verdict than the evidence.
When heinOuS crime has been commit
ted honest people in their zeal to punish
| the offender. lose all CONTROL of their better
Judgment and the result is. as in the above
case, that an innocent man is punished. and
the real offender SIN les at his good fortune
until conscious stricken or about to die, he
cOnfeSSeS his guilt in order to smooth his
path heavenward.
Another case in point is that of a young
man who but recently left this prison. He
was on his way home very early one morn.
ing when he saw two men hiding some
goods in lumber yard. The bright thought
struck him that the burglars would leave
their plumber stand for few days. and he
determined to beat them out of it. Acting
on this idea he secured the booty On the
following night. When making away with
it he was seen by the very officers who had
description of the goods and were then
searching for them. The outcome was
that he was found guilty and sent to prison.
| This man deserved what he got. While he
| was not criminal. and would never have
thought of stealing the articles in the first
place. he was dishonest at heart. l merely
| cite this case to show that the law is any
thing but infallible.
| Now. if it is proved that innocent men
are often found guilty on circumstantial
evidence, it is fair to assume that the same
thing will happen again and it is only right
that all such cases should be brought to the
notice OF the public 1t is part of the law
that no man shall be found guilty on cir
cumstantal evidence alone. in other words.
it means that some direct evidence must be
brought in support of this circumstantial.
or indirect evidence. 1t is in regard to what
constitutes direct evidence that most juristS
differ The prosecuting attorney will claim
| that if John Jones sees 4 man throw a
stone. and Immediately hears a crash of
| breaking glass. it is direct evidence that the
thrOWer of the stone broke the window.
On the other hand. the attorney for the de-
fence holds that John Jones not seeing the
direction in which the stone went nor seeing
it strike the window. his evidence is but an
unsupported circumstance. And thus the
hair splitting arguments will be carried OH
as to where direct evidence merges into the
circumstantial.
TO offer any remedy on such points of
law would be assuming knowledge l do
not possess. But | will mention a change
which suggests itself. In criminal trials
the prosecuting attorney goes to work to
find the prisoner guilty. The man is in th6
box and it is his accepted duty to find him
guilty of a certain crime. He hunts up evil
dence for this purpose. If he finds teSti-
mOny favorable to the prisoner, does he in
form the attorney for the defence? Certainly
not; it is his professional pride to make his
case stick" and he will not give infOrma-
ton that will help the other side to win.
The whole evidence in doubtful case re-
solves itself into the best attorney winning;
and it is palpable that the prosecuting at
tOrney is generally no pettifOgger. and will
win nine out of every ten such cases. Thus
we see that right and wrong. justice and in
Justice. freedom and chains all are as naught
when the man elected as prosecuting attOr
ney has the reputation of a smart lawyer to
sustain. | have asked, when is circumstan-
,al evidence reIiable-and the only an
Swer that can be given is. when the present
Jury system is abolished, and the people
learn to estimate an attorneys worth by
other means than the number of cases he
wins. RONDA.
Music For the Occasion.