Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-04-18


very evident that Mr.. Asquith Will be
doing good service in the search for
truth by examining the witnesses, who
were long since ready for such examina-
tior Int who it appears, the home office
authorities did not think it desirable to
examine when they had the opportunity.
1t is perfectly clear that what Is called
"the new evidence cannot be ignored.
The witnesses must be examined and
cross examined unless a free pardon be
granted, and which course would cause
feeling of relief to tens of thousands In
the Queens dominions and in America
Mr.. T. P. O'Connor, NJ P, would most
probably have succeeded in his efforts to
procure an investigation of this case had
he published the new evidence, Or the
greater part of it, in his daily and weekly
papers. Supporters of the present gov
eminent, as well as supporters OF the late
administration. strongly condemn the
way in which the case has been and is be-
ing treated, and they declare that they
will not use their votes and interest in IA
vor of any parliamentary candidate who
does not promise to work for the release
of Mrs. Maybrick, or for a new trial OF
her case. Mr.. Asquith has not possibly
had the time to examine the witnesses
who have made the sworn declarations.
That he will now do so in justice to the
prisoner and the public we have strong
assurance given. He knows as well as
anyone that the home office is not infal-
lible, and in the absence of public proof OF
the prisoners guilt, he, as great Liberal,
will be the last man to act unJustly to
the public, Or to be Indifferent to the
voice of the people who are to be num-
bered by tens of thousands, in various
parts of the world, interested in his unfort-
innate case. Mrs. Maybrick is most
anxious that her case should be investl-
gated in open court Notwithstanding the
untruths to the contrary. The prisoner,
like all who have studied the case, does
not ask for mercy, but for Justice. We
shall, no doubt, soon discover the value
of the promise made as quoted in the first
part of this letter. AS Liberal. /, for
one, have still faith that Mr.. Asquith
will now look into this case himself, and
hope that we shall soon hear that he has
done so, with the result that he considers
the time has arrived to recommend "a
free pardon Yours etc,
Hcathcote Hardinge,
Ravenscourt Park, London, ".
14th September 1894.
Is a Convict Entitled to the Benefit Of the
Doubt?
(Reprinted from the Irish Law Times of
March 81
Sir,-The English law clearly lays down
that prisoner is entitled to the benefit of
any reasonable doubt as to his guilt at his
trial. No doubt different judges and diff
ferent jurors differ widely as to what
kind of doubts are to be regarded as rea
sonable; and fear that jurors have LONE
times been influenced by the argument
recently addressed to those who convicted
Nine. Joniaux-''If you let this prisoner
go, nobody's life will be safe;" because il
certain kinds of murder it is more diff
cult to procure really conclusive evidence
than in others. But the general principle
is acknowledged on all hands. ,
But is a prisoner entitled to the benefit
of every reasonable doubt after convic-
ton as we'll as before it? This was ac-
knowledged in the well known case of
Dr. Smethurst, and do not know that
any home secretary has since then formal
ly overruled it. Mr.. Matthews avoided
doing SO in the case of Mrs. Maybrick
He admitted that there was a reasonable
doubt as to the crime of murder of which
she had been convicted, but alleged that
there was no reasonable doubt that she
had attempted to commit murder; and
this attempt it was tacitly assumed,
justified sentence of penal servitude for
life. The acknowledgment that the con-
viot is entitled to the benefit of the doubt
was also very recently made by Mr.. Nor
ley in his answer to Mr.. Harrington rela-
tive to the Maamtrasna prisoners. Never
theless, the principle has fallen into COM
plete disuse at the home Office as, / think,
it will not be difficult to prove.
There is, l think but one instance since
Mr.. Asquith's accession to office in which
reasonable doubt was referred to in con-
nection with the release of a prisoner In
that case the home secretary was defend
ing his treatment of the political prison
ers, and said that he had liberated the
only one of them Of whose guilt he could
bring himself to entertain doubt The
reference was, of course to the case OF
Egan; but Egan had already suffered
what many persons would regard as suf
fcient punishment for his offence and
was liberated only on ticket of leave
He is still, l believe, without free par
don ; and it is said that his liberation had
been, in act, determined on by Mr.. As
quith's predecessor, and took place in the
usual routine of home Office administra-
ton, without any reference to the doubts
which existed as to his guilt. And, I be-
lievo, there was much more doubt in
other cases, where the prisoner has been
refused the benefit of il
A man named Potter was recently
liberated in consequence of the woman on
whose evidence he had been convicted
having been herself convicted of commit
ting perjury at his trial. For months be-
fore this man was released the home office
must have been aware that there were the
very gravest doubts as to his guilt. At
the trial for perjury, of course the jury
was bound to give the benefit of any rea
sonable doubt that existed, not to Potter,
but to the woman, Smith, who had &C
cused him; yet they thought his limo
cence SO clear that they convicted her.
Nevertheless, it was not until moro than
five weeks after her conviction that Potter
was released. Had he received the benefit
of the reasonable doubt the five weeks (if
not more) would have been on the other
side. In another recent case the confess
zs. - I. 4