The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-10-25
INNOCENT NOT PUNISHED.
Judge Archibald, with Other Judges, Is OF
the Opinion That Few Men Suffer
Through Errors of the Criminal Law.

An innocent mans conviction ofcrime
has furnished the plot for many a
novel, and the central scene of numer-
Gus dramas. That there have been
such incidents in real life is admitted,
but there is a decided opinion that
cases of this kind have been nearly, II
not quite, as rare as white blackbirds,
A correspondent of the Pittsburg Dis
patch recently compiled quite list of
such alleged convictions, together with
some vigorous comments on the sub
ject. The Dispatch has brought the
question to the attention of leading
legal authorities, and has received
opinions from such recognized lights as
ex-Chef Justice Daniel Agnew, Judge
Robert w. Archibald, Judge John w.
Simonton, Judge Thomas Ewing and a
number of others of prominence. They
are practically unanimous in saying
that there is but very remote chance
for such conviction as is dear to the
heart of the novelist and dramatist.
Possible but Not Probable,
Robert w. Archibald, one of the most
prominent of Pennsylvania many not
ed judges, whose name has frequently
been mentioned in connection with the
supreme bench, writes to the Dispatch
as follows:
1.-THE probability of an innocent per.
son being convicted of any serious
crime, in my judgment, is very small.
In some minor offenses, such as assault
and battery, petty larceny and the like,
1t may sometimes occur. / have known
also of a few cases, where the juries
have confused moral delinquency with
crime, convicting the defendant be-
cause he was morally wrong, or be-
cause he had been guilty of some sharp
practice, even when he ought really to
have been acquitted But the judge
who presdes rarely fails to correct the
mistakes of the jury in any such in,
stances, and, even if he does not do his
duty in this respect, the consequences
are not in any event serious.
But in cases of any gravity do not
believe in this day there is any great
danger of an innocent man being con,
victed. The law in this state is such
that any man may testify in his own
behalf; so that circumstances, however
damaging, have the light of his testi-
mony thrown upon them. In addition
to this, previous good character always
plays an important part in the ques-
raise reasonable doubt in the minds
of jury. Even If these safeguards
fail the case has still to pass the gaunt-
let of the trial judge, whose experience
as a rule is sufficient to detect the
cause of innocence. Speaking with re.
gard to the courts Of which have ac-
quaintance, / have known some inno-
cent men convicted, but I have never
known of one whom the judges thought
innocent being sentenced. One of the
most striking cases that / now recall in
the courts of this county was that of a
man charged with attempting to burn
a house. The evidence was wholly cir,
cumstantial, and there were some
pretty wide gaps in it, but the defend
ant was convicted and sentenced. Quite
an effort was made on the score OF
previous good conduct to secure a new
trial first and afterward to get a miti-
cation o the sentence, before which
even thu private prosecuting attorney
considerably wavered. / was myself,
however, fully assured of the defend.
ants guilt, and meted out to him the
appropriate punishment, and on the
way to the penitentiary he confessed
the whole crime. I have known of
other similar cases where parties who
otoully Innocence on the
witness stand broke down and con-
fessed when brought to face the reality
of conviction.
One Case In Point.
ut Is supposed that cases Of circum-
stantial evidence are those from which
the innocent are the most in danger.
but the case of the gravest doubt of
which l have any personal experience.
was one In which the evidence was di-
rect and not circumstantial, the defend
ant charging that the witnesses who
testified to his guilt had conspired
against him. This was case of at
tempted barn burning, and it must he
confessed that the principal witness.
who played the role of detective, was
afterward shown to be of quite doubt
ful character. Still, Notwithstanding
all this and perhaps more that might
be said, my judgment is that no limo.