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

ran away. leaving his-.wife to perish In the
flames instead of attempting to save her;
the fact being, as already stated. that he
was not in the house ut all.
In the face of the evidence which has
been procured since the trial, arm sure
that Mr.. Asquith would not now deny
that there is reasonable doubt as TO
whether Mrs. Maybrick has committed
any crime whatever. The publication OF
the evidence would at all events satisfy
the public that there are doubts OF the
gravest possible character.
In the case of a girl named Fanny
Cane, who was convicted OF child muir
der there was very strong impression
amongst those who were best informed on
the subject that the verdict was not JUS
titled by the evidence, and that the prison
er ought to have been convicted of con-
c.alment of the birth only. The penalty
for this latter offence would long since
have expired; but if she has not been
allowed to slip out quietly at very re-
cent date Fanny Cane is still in penal
seryitude, and, notwithstanding the
promises of both the late and the present
home secretary that her case would not
be lost sight of, will probably remain so
until some routine period of revision ar
riyes At these periods of revision Mr.
Morley tells us that the case of each pris-
oner is gone into ION the merits;' but
that affords small hope of release to a
prisoner whose case, $50 far as the element
of reasonable doubt is concerned) has
been already Investigated on the merits
by the same tribunal and decided against
4 Co. b t,.N. 6<n
not become weaker, nor evidence for the
prisoner stronger, by lapse of time.
There is man named Louis Staunton
who has at present endured about eight
cen years penal servitude for the murder
of his wife, Notwithstanding that Sir
William Jenner, the late Sir Andrew
Clark, and other physicians of great emf
nence, declared that the unfortunate
woman died of natural causes. Had
they been examined on the trial he would
no doubt, have been acquitted; but evil
dence that would have convinced jury
is often utterly disregarded when ten
dered to the home office. No doubt the
man treated his wife barbarously, and
wanted to get rid of her in order to make
room for her intended successor 1t is
not improbable that a conviction for at
tempt to murder might have been proper
ly obtained if the prisoner had been tried
for that offence; but trial and convic
ton for that offence would hardly have
led to eighteen years of actual penal ser
vitude. A sentence Of twenty years
penal servitude can be shortened by good
behaviour to sixteen years in the case
of male, and thirteen years and four
months in the case of a female. These
are, consequently, the extreme limits of
what any well conducted convict, not
sentenced for life, can undergo, and
penal servitude for life is a sentence rare
ly if ever passed by judge on convic-
ton for attempt to murder. Penal servi-
tude for life is, however, the stereotyped
Communication in cases of murder where the
convict is not hanged and perhaps the
home secretary was influenced in Staun-
tons case, as well as in Mrs Maybricll S
by the nature of the crime of which the
prisoner had actually been convicted rather
than that which the evidence lin his
opinion) justified. There is an important
difference between the two cases, how
ever Staunton's ill-treatment of his
wife does not admit of question, but the
charge of i'll treating her husband against
Mrs. Maybrick entirely breaks down if
the charge of poisoning fails. Assuming
that she neither administered nor at
tempted to administer poison to him, she
did everything for him during his last
illness that the best conducted wife could
be expected to do.
Finally, however, it is only small pro-
portion of the cases in which reasonable
doubt exists that eyer become known to
the general public. The knowledge on
the subject, in the majority of cases, is
purely local And if Mr.. Asquith bias not
and l believe he has not-released
single person, on the ground of reason
able doubt, since his accession to his
office, think it may be safely asserted
that he has decided against the prisoner
in, at least, twenty cases in which such a
doubt existed. | trust, therefore, that
the members of the legal profession will
agree with me that it is time to ask for
and obtain definite answer to the ques-
lions, or is not, a convict who establishes
that there is reasonable doubt as to his
guilt, entitled to a free pardon?
Yours truly,
Jurist.
To the Editor of the Morning Advertisers
Sir,-After the very important letter of
your correspondent, DR.. W. II. Coates, in
this days Morning Advertiser, together
with the fact that Mrs. Maybrick has
served already very much longer term
of Imprisonment for an improved crime
than that awarded to several other con
victs for like crime proved up to the
hilt against them, l think your readers
will agree with me that we should at once
take the necessary steps to urge upon the
homo secretary. though our representa-
tives in Parliament, the immediate neces-
sity or granting the prisoner a free par
don. TO further delay doing this is,
know, to leave the already broken body
and spirit of the prisoner on the rack of
that awful torture which she has been
suffering for upwards of five years. Why
delay further by asking that which will,
am convinced, never he granted, namely,
a reinvestigation of her cases There is no
doubt tnat the case is ripe for the exercise
OF the royal prerogative, and that we are
only delaying justice by asking for rein
yeStigation 1t is true that nc your cor