The prison mirror. [volume] (Stillwater, Minn.) 1887-1894, 1891-11-19
Condemned without Guilt.

Quite recently it was established upon
the clearest proof that woman serving
long term in the California state peniten-
tiary was entirely innocent of the crime of
which she had been convicted. But the
state fatty refused to indemnify her for the
awful injury and wrong of which she had
been made the victim. A few years ago a
man named Digby was sentenced to Ches-
ter. Pa. penitentiary for fourteen years on
the charge of stealing. Two year later the
real thief being sentenced to imprisOn-
ment for life confessed to the commission
of the crime for which Digby was suffering
sentence. Digby's case was taken before
the supreme court, which decided that the
evidence on which he had been convicted
was insufficient for that purpose, and he
was liberated. His vindicatiOn was COM
plete and he was welcomed in honor and
with rejoicings by his neighbOrs and friends.
In what way can Digby o. the California
woman be recOmpenSed for the pecuLiary
cost of trial, for loss of valuable time, the
destruction of business. the prolonged in
Justice the mental suffering, the mortal
shame and humiliation of arrest, trial. con-
viction and imprisonment during weary
years for crimes of which they were not
guilty? How is any man or woman to be
recompensed for an official accusation and
prosecution for criminal acts of which they
may have been innocent even though con-
victiOn does not follow? There is no resti-
tuition provided by the laws of civilized ma
tOns for the terrible injustice aid loss
caused by false prosecution under the GRIM
inal statutes. There is an 0ffense known
to the law as malicious prosecution, for
which one individual may seek to collect
damages of an other. But in the cases we
have named. and in hundreds or thousands
of cases occurring annually, IN which innO-
cent persons are charged with crime, no re-
course can be had against individuals, be.
cause the charge is made and prosecuted by
authority of public justice.
In neighborng state, Iowa we believe
it was. few years ago, man living at the
time in Minnesota was accused OF horse
stealing, was extradited under the laws,
convicted and sentenced to the penitentiary,
where he remained year or two. when by
an accident his innocence Of the charge was
established. In that case the victim was
reimbursed for the expenses of his trial by
the legislature of the state in which his
prosecution and Imprisonment had occur
red, but he was not recOmpensed for his
other losses or for his physical and mental
suffering. This indicates method by which
innocent persons may receive payment for
material losses and for damage to reputa-
tion including the shame. humiliation and
suffering caused by the errors of justice as
it is administered under the laws. Or is
the claim to such recOmpenSe one OF the
rights which all men renOunce on becoming
members of society? Is this part of the
implied mental contract between citizens
or subjects. and the government under
which they live. by which each person sur
renders portion of his natural rights for
the good of the whole. in the interest of or
der and to secure the beneicent rule of civil
Minneapolis Times.