The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1889-05-23
Plea For Prisoners.
BY II. S. PRE- STON.


Readers. did you ever commit an offence
against the person or property of fellow
being? Reflect long and well before you
reply. Rummage your memory, recall
the daily deeds of your life, ransack the
archives of your conscience.
Dare you declare you never did? If so,
you are either a colossal liar. or saint out
of your sphere. If you never committed
an act that could be construed into a viola
tiOn of the criminal code. you are para
gon of human perfection, and there was
mighty mistake in placing you upon this
planet.
Very likely you never inflicted an injury
for which you were legally liable. never
maliciously committed crime. Well that
is something to settle with your conscience.
but were you accused in court it would de-
volve upon twelve other gentlemen to de-
eide. The injury proved, the malicious
motive would be presumed. The law ex-
plicitly implies guilty intent for every in
furious act. The accused must clearly and
concl uSively show the absence of such in
tent to escape the prescribed penalty. He
can only do this by circumStantial evidence,
as PERSONS purposes do not admit of posi-
tive proof.
Now. it may be said that sufficient evil
dence could be adduced to show that every
individual. i'm some sort of a way. had in
jured the person or property of another
Then, the criminal intent being inferred,
all could be considered criminals. Those
fortunate enough not to be found out and
those able to eXculpate themselves from
premedtated malice. of course, escape con
yctiOn.
n admit that there may be such a wonder
in this wicked world as an immaculate man.
Even he would be liable to be caught in the
cObwebs of the criminal code.
The same sort of circumstantal evidence
which sometimes saves a guilty wretch
from the gallOwS. may doom an innocent
man. 1t is just as the gentlemen in the
jnry box consider the circumstances in the
case. A man may become branded as a
criminal by merely making a blunder-by
picking up the wrong parcel i'm public
place. or by entering the wrong house ON
block and being unable to show that he did
not do so burglariOusly. He may be con-
vcted of murder for committing careless
act as accidently causing the death of an
other: for a juStifiable act, as taking life in
defence of his own; or even for commend
able act, as striving to save a suicide and
being charged with killing the person he
would save; the eXculpatng circumstances
in each case not appearing in proof. SO
that no man, however circumSpect his con-
duct. has an absolute assurance that he will
not be condemned as criminal, while every
real rogue, through favOring circumstances.
may slip scot free, right through the loop
holes of the law.
While many innocent are unjustly con-
vcted. it is probable that more of the wary
wicked escape than are entrapped. The
crime being the outcome of the intent in
stead of the act. and as the intent can only
be inferred from the facts in proof, it fol-
lows that there can be no certitude in Grim
nal conviction except upon the confession
of the accused. And man candid enough
to confess to what will cOnSigD Him to a cell
cannot be considered confirmed criminal.
one depraved beyond redemption; while one
who most vehemently diSclaimS ever having
committed misdeed and always alert to
denOunce those who have. is presumably a
hypocrite and liar, and criminal in his
conscience.
A father driven to desperation by the des
titutiOn of his family helps himself from
the hoard of some hard hearted old miser.
Prison doors are slammed upon him sans
ceremone. He is promptly and pitilessly
branded as a rObber-One whose liberty
would imperil the public. Another. real
wretch. robs worthy woman of what is
worth the world to her, her reputation. and
snaps his fingers at the penal code. He may
even be elected judge, and sentence to Sing
Sing fathers who steal bread tor their Starv-
ing babies.
So that the records of our courts cOnsti-
tute no criterion of actual criminality. and
4Lozo ho c4ah hlichod rfh frihuno al