The times. [volume] (Richmond, Va.) 1890-1903, 1895-09-12

r,arfuIiy and wonderfully "a"'
s.r,ou. H,uuders Are M"".' ,..

American nrblic has most oe"o,ain OF
a. Ia the mouth OF a German @ ,,s,lar-
an English company the emp" the I'm
alton: you'll find no nav r,,s seems
glish law, tra-la-la law. .,,ith tie
,o be the theory OF procedure 80 by
,,diciarv of England supplement- mai
The somewhat dangerous postum
the legal cncinery can make TO 'o,tr,c
A case fully illustrative OF IN" 49,, a.
fxity of English prejudice agdihs' d,s-
mission OF legal error has Just 49, j.. Is,,
cussed in the house OF commonS' .,,ting
one John. keisah was convicted v, az
his wife by throwing a paraii'h 49, lars.
her. and was sentenced 10 fourle'" CON
nenal servitrde. He was convicted w.
n testimong Of his wife's sister. 'nS
only eyewitness OF the alleged eii','t -
Aft.r Kelsall had served three years ~
sister-in-law confessed that she had cum
mitted perjury in giving her tesH"''",
against him, and on her own plea y
,,,,iltv was sentenced TO seven years n
nrisonment. You may imagine tnat Tn
elish Law was much annoyed by the GU.
iretempts. and felt not htue Incense
AGAINST Kelsall for his cffrontery IN TURN
ing no innocent when he had been 20
concIuslyely proved guilty. But the
strange logic Of English Law was equal
40 a comforting disposition OF even TINS
uptovard case. SO English Law, address,
inc Kelsall said: True. clapped you
80 nrison on the testimony of your
amiahle sister-in-law: true. l kept you at
hard labor for three years, and true, ms
nerverse and irreverent sister-in-ia" nas
confessed that she committed perjury 10
convict YOU, and | have sent her 10 pr
con I'm consequence OF il. but my attitude
10 Won is a very embarrassing one. lou
,ercaive the embarrassment. don't your
II would never do FOR me 20 ADMIT that
l had kent an innocent man IN prison
for three years. Ii would be q confess
sion that | can make a mistake once IN
a while n fatal confession. sun must
let YOU out OF prison because nave sent
another person there Tor tcilihs me THO
lie that was my justlncaioh LOT J"s.hns
vou. Well. let me see; an have ~. II
let YOU out but | won't pardon you. IN
assume that | could have convicted you
without the testimony OF the Curran w0-
man. IN saw that you may be gulity,
but I'll let you enjoy the Deneut OF the
doubt raised by the entirely uncalied-ior
confession of this irritating woman. hr-
sides between you and me, IT grant you
a free pardon don't you see that you
would have an excuse for bringing
heavy damage suit against tho crown Tor
false Imprisonment, etc. That woaid re
so Notifying to my sense OF pride mat
| shall deprive you OF the power 10 hum
bic me; and though l cannot establish
your guilt you, luckily for me, cannon
establish your innocence. and IL doesn (
suit me Just at this time 10 say mucn
I'm favor OF the somewhat senile tnecry
that every man Is innocent until ne Is
proved guilty
So this man Kelsall is let out but not
hardened. and is as helpless I'm court as
IL he stll wore the strips at Pentonville.
The matter was brought up In the House
of Commons by the member from Wet
Stafford. who said that In the attemps 10
secure his freedom, Kelsall his relatives,
and his friends had spent all their money,
and IL was now asked II he could not Do
granted a compassionate allowance IN
respect of his three years imprisonment
II was the Home Secreta -v. responding TO
the member from Stafford, VINO made
speech that IN effect was the same IA that
of English Law above set forth. nat
the honorable gentleman in reality did
saw was that though ne was aware Of the
local feeling about a compensation or
compassionate allowance TO be given Rel
sail he held the opinion of his predeces-
sor i'm office. who had refused TO Apply
TO the treasury for any compensation 10
Kelsall. And "as there was other eVld-
ence against Kelsall. which al least rem
dered IL possible that he might have been
found guilty even without Mrs. Curran's
evidence. the late Home Secretary decid-
ed that he should not be justified IN re-
commenting a free pardon" This is
lucid. explicit and decisive If not conyin-
cling. You can easily make deduction
lrom this how ill-advised was 4. +.
O'Connor IN adding TO his support OF
the Kelsall suggestion a plea that the
Home Secretary would consult with the
Lord Chief Justice with the purpose 10 SCI
cure a review Of the case Of Mrs. May-
brinck. Nevertheless, the Home Secretary,
while deprecating the presentation OF
difficult criminal cases on the floor orr
the House OF Commons. declared that he|
would take up the matter 90 the best OIL
his ability and endcayOr to cmcidate ~
very difficult case NhereupOn there|
were cheers that made the chamber rng.i
for you must know that there IS a mos1
widespread belief In the innocence ofI
this woman who has been so long Ia pflt
son, and on behalf Of whose freedom suchI
unprecedented and unremtting. though,
as yet Intellectual, efforts have peen'
made.
In no other instance has there been a.
more striking illustration Of the Englishl
disposition to rest upon the assumed in
fallbihty of the English law. From aiil
parts OF the world nave come plcas'
and petitions and prayers for a review
OF the Maybrick case. FOR the exercise OF
clemency for the interposition OF par
don; but as long as the Lord Chief Justice,
holds 10 the contrary morcy's self may
cry hoarse without moving the law one
jOt from its tenancy OF the theory that
the thing legally done is Justly done HAIR
the world believes that Mrs. MaybricK
was convicted on inconclusive evidence
through the hostile attitude OF her udee
The peculiar character of the evidence
was, In the opinion OF some OF the ATTEST
iurists and thousands Of people of hign
Intelligence. such as could only have left
"a reasonable doubt OF the Defendants
guilt, and could not without perversion
Of Justice have led 10 so extreme a penal
" as that she was called upon 10 pay.
There are not wanting those who say
that private prejudice and personal acri-
mony were moving causes OF the con-
viction of Mrs. Maybrick: and IL IS but
fair TO say also that there are many kind
~ disposed persons who think that she
is the victim OF no harshncss Of law. bur
is paying the just penalty OF her crime
-Eiwin \. Barron, in Chicago Times
Herald.
- G.