Tombstone epitaph., 1890-07-19
MISTAKES OF WITNESSES.
The Danger of Sentencing Prisoners on
 the Strength of Identification.

The Danger or sentencing VI
 the Strength of Identification.
 W. N. Brainard in the Law: In the year 1852 was in the produce" busi- ness in Sacramento, Cal. One afternoon the whole available force of the estab- lishment was occupied receiving large consignment of goods and the sidewalk was blockaded with sacks of wheat, -four, etc., when three or four men, who eviuently had been taking of lunch with ''somo oshlng on the side," came along.
 Why don't you keep the sidewalk clear so that people can pass?" demand ed one. in an aggressive style.
 Being somewhat inclined to the com bative, l answered.: "There is room enough for a sober man to pass" His response was blow with his fist which he instantly followed by attempting to seize me by the throat.
 This proceeding on his part was mistake. Twas something of an athlete in that epoch, and in an affair of the trough and tumble" style was not al- together out of my element. In about fifteen seconds after hosti.ities opened we, the biiiigerants, were in the middle of the street, according to subsequent report of many spectators, my adver- sary flat on his back and 1 beating the devils tattoo on his head. The inter- esting performance and large and en- thusiastic audience drew the attention of deputy marshal of police, who put both combatants under arrest and set out with two prisoners, forming his right and left wings, in the direction of Recorder MacGrew's court, in the next square. When we came to the mouth of an alley my assaiiant broke away from the officer and fled through the alley with astonishing velocity.
 The marshal, a bright young man named Aveiine, from La Porte, Ind, discovered that the name of my assail- ant was Smith. The next morning he came to my place of business and said: We have got the fellow who attacked you. and all your men that saw the affair will appear in the courtroom at ten o'clock to give testimony"
 On the trial the marshal, my associ- ate in business, our book-keeper, and mybcll "cTo WlIuOoSCOS anu ONCiy OAO of us identified the prisoner as the per son who committed the assault. There was no doubt about it. For myself, could 1 mistake the adversary l had fought with? recognized my own handiwork in its effects about the mans head and the marks it had left on his face. was sure of my own hand writ ing as it were.
 Recorder MacGrew asked the prisoner, who had no attorney, if he had any de- fense to make. l expected to see some of his companions, who saw at least the beginning of the aff-sy, come forward as witnesses on his behalf; but none ap- peared. The prisoner stood up and said: My name is Lee and not Smith. 1 can not distinctly remember how this fight began. only know that our crowd had been drinking pretty freely and guess we were nearly full. hope your honor will let me of easy and I promise to keep out of such rows in the future."
 The court sentenced Smith, or Lee to pay fine of S25 and to be confined in the prison brig-our jail five days.
 About six months afterward stranger came into my store house and said to me: "How are you. MT. BraInard?" informed him that was in my usual state of physical v!gor. My name is Smith," he went on saying, "and have come to apologize for making an assault on you some time ago, in front of your place. had been with some friends taking in a cargo of solids and liquids, and I am sorry that made a fool of myself"
 "That's all right, Mir Smith,"I said. "I believe settled the account on the spot, and the court also gave you g pretty strong dose"
 He looked surprised. "The court?" he said, inquiringly, "Why, ran away from the marshal when he was taking us to the court. I got my hair and whiskers cut of and left town the same evening on boat up the river. Since then have been living at Colusa, and yesterday was my first appearance in Sacramento after that somewhat hurried departure"
 It was now my turn to be astonished. cross-examined him on the matter of the com bat and became perfectly con- vinced that he was my adversary in that affair and that he was not the man whom the positive testimony of my self and three other eye-witnesses of the battle had convicted and caused to be punished. put myself at once to discover the solution of this mystery. found the man Lee, Smiths duplicate, employed in a lumber-yard, and learned that he had been one of the participants .n a free-for-all battle in grogshop the night following my affair with Smith; but having been stupefed with liquor, had only confused recollection of a drunken brawl in which he had receiv- ed severe punishment from some person unknown It was that affair for which he supposed he was being tried in the