Los Angeles herald., 1892-10-09

inal law would seem to bear out the truth
of this assertion, and yet there have been SO
many notable exceptions to this commonly
accepted theory that judges and juries in
later years have become more reluctant
than formerly to convict persons charged
with crime on purely circumstantial evil
dence. There have been grave blunders
committed in convictions on this class of
evidence. The scaffold has claimed many
innocent victims, who have been judicially
murdered because circumstances in court
pointed to them as assassins. Therefore
the sentiment against the administration
of the death penalty is growing.
The Borden case has attracted the atten-
tion of the whole civilized world. An
aged citizen of Fall River, Mass, man of
wealth, together with his wife, are found
lbrutally murdered in broad daylight. The
bodies were covered with CHASTITY wounds,
chiefly on the face and head, evidently
made by hatchet or AK. The crime was
evidently not committed for the purpose of
robbery, for quite sum of money was
found on the person of old man Borden
Lizzie Borden, daughter, was arrested
charged with committing the fearful deed
The accused is young woman of culture
prominent in church and in society. The
examination before the magistrate did not
solve the mystery. A couple of axes and
a hatchet were introduced in evidence, but
they bore no blood stains All the testi-
mony tended to show that the victims were
struck down suddenly by a strong and
furious assassin. Some of the evidence
indicated that Lizzie Borden had dislike
for her stepmother, but it seems incon-
ceivable that this could offer motive for
awful "a crina Tt is poccib1a op bo
final trial of this cause that the mystery
of this terrible deed will be unraveled, but
thus far on the evidence produced, in my
Judgment, no jury will be justified in find
ing Lizzie Borden guilty
The case of Dr. Graves who was con-
victed at Denver recently and sentenced to
be hanged for the murder of Mrs. Barnaby,
is yet fresh in the public mind. The case
is still pending, the supreme court of Colo
RADIO having staid the execution in order
to make complete examination of the
record. 1t will be remembered that DR..
Graves was the medical attendant and con-
fdential adviser of Mrs. Barnaby, a wealthy
widow of Providence. SIZE went to Den
yer, and while there received by express a
bottle of whisky containing poison. She
partook of the liquor, and it caused her
death. 1t was ascertained that she had
made will bequeathing to DR.. Graves a
handsome legacy. He was arrested for
the commission of the crime. 1t was not
definitely proven on the trial that DIR.
Graves sent the package Of whisky through
the express Office, and it was also proven
on trial that the express package had
passed through number of hands before
being received by Mrs. Barnaby. He was
ably defended, but the jury found him
guilty. At the time of the sentence he
vehemently protested his innocence and
he still asserts that another trial will
clearly demonstrate his guiltlessness.
AS to Mrs. Maybrick, the American
woman who is now serving life sentence
in England for the alleged poisoning of her
husband, it may be safely asserted that
majority of the American people who have
been interested in the case and analyzed
the evidence do not accept the jurys ver-
dict as correct.
On Aug. 3, 1888, 'Blinkey" Morgan, a
noted criminal with several aliases, was
hanged at Columbus, o., for the murder Of
Detective Hulligan. On the trial evidence
was introduced tending to show that Nor
gan, James Robinson and John Coughlin
murdered Hulligan on train at Ravenna,
o., on the night of Feb. 3, 1887. All three
were convicted. Robinson and Coughlin
were granted new trials, but Morgan was
not so fortunate and went to the gallows
protesting his innocence.
Some time after Morgan was executed
Robinson and Coughlin were discharged
on the motion of the prosecuting attorney,
who was convinced by the affidavits of rep