Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1892-07-13
Children Cry for
Pitchers CastoHia.
just Too Late.

|
That there are today hundreds of men
undergoing penal servitude for crimes of
which they are entirely innocent no one
| can doubt Such cases frequently find
their way into the public press, but as a
rule "the victim of circumstances" is COM
| PEELED to endure the present punishment
and to face the future shame when the
sentence is served and once more he is
adrift in the world.
That innocent men have been hanged
and will continue to be hanged so long as
capital punishment is on the statute books
of civilized lands, all who have given any
thought to the investigation of this subject
well know.
A cynic said, in speaking of the execution
of innocent men (this was before the war;,
''It would be impossible to commit the
blunder of hanging an innocent man in
Texas" and on being called on to explain,
he added, Because, after long residence
in that state, / met with no man who did
not deserve to be hanged on general princi-
Piles, and seeing that there was danger of
my lapsing into the same condition left"
Yet there have been many innocent men
hanged in Texas.
John Towns came to Texas, when no one
knew and from whence no one cared; but
he was in Brazoria county in the winter of
1858. There could be no doubt about the
latter point, for John Towns was in jail,
and not only in jail, but condemned to be
hanged.
John Towns was not the lowest type of
Texan criminal, he had not stolen horse;
if he had he would have been taken to a
tree and swung off. Custom had decreed
III HrSa aliPg S9sta eaa,ital nffer'se-
John Towns was convicted Of the ordi-
nary offense of murder, which in itself,
and particularly in that day, might have
been condoned had not the motive been the
objectionable desire to rob. -
The body of the missing Ziba Smith was
found buried near a cabin occupied by
Towns. 1t was evident from the condition
Of the skull that Smith had been muir.
dered, and as many of the dead mans be-
longings were found in Towns possession
the evidence of his guilt was irresistible,
particularly to that jury which was made
up entirely of the dead mans friends
In his defense Towns took the bold stand
that Ziba Smith was not dead, or at least
that the body nosed out by the dogs was
not Smiths, and further, that Smith, who
had gone out to the Rio Grande, was his
friend and had tntrusted to him before his
departure the things found in the cabin by
the officers of the law.
Of course the prisoners story was not be-
Eeyed. No defense that he could have Of
fered would have had any effect when the
jury was convened to convict
John Towns, who was fine looking, in
telligent man of forty made strong plea
in his own behalf, but Ziba Smiths friends
In the jury box were not to be shaken.
They brought in verdict of guilty of
murder in the first degree" and the Judge,
also a friend Of Smiths, sentenced the
prisoner to death.
The time set for the execution was just
sufficient to get from Austin the COVER
nor's signature to the death warrant, for
railroads and celegraphs were scarce in the
Lone Star State in those days.
The governor completed his part in the
tragedy, but the papers had not been on
their way q day when an event happened
that caused him to change his mind. This
event was the appearance in the executive
chamber of Ziba Smith, who came to deny
his own death and to plead for the reprieve
of the man about to he executed for his
murder.
This evidence must have had some
weight with the governor, for he dis
patched post haste special messenger to
Brazoria to delay the execution till
further investigation could be had, and he
very properly selected for this purpose Mr.. |
Ziba Smith himself.
Smith started off, and when he reached |
Houston, from which point there was |
telegraph line and railroad to Columbia, |
within seven miles of Brazoria, he sent (
dispatch to the sheriff, telling about the |
reprieye and incidentally of his own con-
dition, and asking him to postpone the |
execution till the next day.
But the fates were against John Towns
The operator, who was still dizzy from the |
effects of the previous nights carouse,
sent Smiths dispatch to Columbus instead
of to Columbia,
Smith galloped into Brazeria just ten
minutes after the condemned man had
been swung off. He helped to cut down
his friend and joined in the efforts made |
to resuscitate him, but he was dead as
coffin nail. .
OF course the judge and the iur-, worn
sorry for the accident" 90 ONO of the,n
" w. =. lound comfort in the |
'slen ..vailing Texan belief, that it was
"better that ninety-nine innocent men
should suffer than that one guilty man |
should go free"