The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-02-14
THE FAILURE OF JUSTICE.

Some days ago we had occasion to
make some remarks on the favors ex-
tended TO criminals under our system,
In connection with the supreme courts
decision of the Parker and McAfee case.
That case presented one of the forms of
escape from justice that has made the
American people distrustful of the law
full procedure against wrong-doers. The
uncertainty of punishment. more than
any other one thing, has encouraged the
commission of crime in this country and
more than any other one thing is now
developing the spirit Of lynch law
throughout the United States. 1t has
already developed to such an extent that
we have annually more lynchings than
legal executions. We are confronted
now by an example of escape from JUS
tice in another form-by the exercise Of
the pardoning power in the case of DR..
J. Frank Benham of Richmond, who has
been serving a sentence Of two years for
criminal seduction in the southern peni-
tertiary.
1t is not often that an offender Of
this kind is brought to punishment. The
victim is usually not DESTROYS Of pub
licity and can ordinarily be persuaded to
accept enough money to enable her to
slip away and try to hide her shame as
best she may And this is known and
counted on by a certain class OF men,
who hunt their victims as wolves hunt
their prey. They count the chances Of
detection and punishment. They rely
on wealth and social position To protect
them. or that class was Frank Ben
ham. He followed this girl with a per-
tinacity that could not be baked. He
overcame all obstacles thrown in his
way. lie pretended to love her. lie
engaged TO marry her. There is not
the slightest room for doubt on the sub
jet, because actual preparations for mar
riage were made. Under promise of
marriage he finally accomplished his pur-
pose. and when it was known that the
girl was to become mother he aban-
doned her with the cold cruelty OF an
accomplished HbertiLe. Her appeals to
him to carry out his promise and save
her honor, as far as he might yet do,
fell on deaf ears. Prayers, entreaties,
threats. were of no avail. and so the mat
ter was put before the criminal authori-
ties and proceedings were begun against
him.
she was an uneducated Irish girl OF
very respectable. but not wealthy family.
His family had position and respect. His
father was an influential democratic pol
itician. lie was educated. He seemed
to think that his position was sufficient
| answer to the charge. Although the
trial lasted through five days the defense
amounted to little more than a sheer at
| the prosecuting witness. The jury
brought in a verdict of guilty, and the
prisoner was given the very moderate
sentence Of two years, when the maxi
mum of five would have been more con-
sistent with the facts of the case. Then
| the pressure for a pardon began and
was continued until it was granted. 1t
| appears that Benham has paid the girl
| 500 since the sentence was passed, and
the local reports furnish the extraordi-
nary information that. the governor, in
granting the pardon, stated that he did
so after having been guaranteed that
Benham would give to Miss Fuller $500
in addition TO that already given her"
| We hope this is an error We hope that
the time has not come when convicted
| criminal can secure release in Indiana on
| any such basis, even if the prosecuting
witness desired it. Our law provides a
mode by which the father may be COM
PEELED to support his child under such
| circumstances. and this payment can
hardly be considered more than that.
The evil effect of such a pardon is
| not confined to the encouragement Of
similar offenses. It is an encouragement
to relatives OF the injured party to take
the law into their own hands. Hardly
an encouragement either, but a warning
! that justice may not be done unless it Is
| done by violence. And this is even now
| so commonly recognized that it is an I'M
derstood thing that American juries will
not convict a man who kills the seducer
| Of a relative. We had in this city
| case but few days ago where a prosecu-
ton Of this kind was abandoned by the
state after a portion Of the evidence
| had been heard. The existence of the
present state of public sentiment is
solemn warning OF the unsatisfactory
| character of our criminal system, and it
seems plain that the tendency of public
| sentiment is strongly toward greater dis
satisfaction and more extended lawless-
ness. The strongest safeguard against
that result is the prompt and vigorous
enforcement of the laws in all respects.
AN ANSWER RECEIVED.
We have at last found a republican
| editor who attempts an answer to our
| interrogatory concerning the foreign
price of agricultural implements and
| other machinery exported from this
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