Evening journal., 1896-03-28
no FELONY COMPOUNDED.


william Michael Bsrne Makes Full
statensnt or the miller Case aud
what Led TO Its Termination.
wnHsm M. Byrre. attorney for
William Miller, the colored man recently
discharged by Magistrate Kelley In a
case OF eexual Intercourse with colored
gill under the age Of IS years. made the
following statement to en- EVENING
JOURNAL reporter to-dsy:
William Miller, the young colored
man lately fccused OF uslng for the
purpose Of sexual intercourse. Lizzie
Carpenter colorsd girl under the statu
tory age OF consent, was brought bsfore
Magistrate Kelley on Monday the 231
Instant, when 81 Investigation into the
alleged cifsnse was held After pre-
llmioary hearing, the prisoner having no
counsel, hs was detained In the City Hall
Ia defsult OF the bail required BY the
justice Of the peace / was asked TO
examine his case he was afterwards
dismissed upon my repsosentations, and
rs some rthectious based, as | think on q
misapnrshension Of facts, have been made
IN your paper against the course OF
Magistrate Kelley. 10 Is but fair TO him
that ! should give you q correct state
ment Of the transaction
"Lsaring from ihs best sources that
William Miller bore On excellent repnta-
tion, visited the iail and had an inter
view with him He stoutly maintained
his innocensa Of tho charge and furnished
me evidence completely refuting the
testimony sgainst him. / sent for the
parents Of tho girl who upon further
examination were found TO possess no
personal knowledge OF the alleged offence
and whose examination brought out
other facts much Ia the prisoners favor
The course I took for the relief OF Miller
was not cOmpounding Of a felony. az
was stated, IN your paper, for the reaFon
that the offence was not = felony, but
a misdemesnor and for the lesson that
the charge was not settled By the parties
or compouned but retiieo aud dismissed.
went before the justice Of the peace,
asked FOR a further hearing In the case.
produced convincing evidence that tue
prisoner was not the man who had com
mittsd tho alleged offence, and upon this
Testimony the prisoner was dismissed.
From Miller's excellent reputation,
coupled with tho indisputable evidence
IN his favor. believe him to be guiltless
Of tho charge against him, and
think the language OF your un-
known lawyer in yesterdays issue in
calling him brute Was nnseemly and
iutemperate Miller never paid cent 10
CONF promise OF the matter OF bAsterdy
paid Charles Carpenter $50 under the
following circumstances Having ex
amined him and bis wiio ard acertsined
that their evidence, II brought before the
magistrate that day would secure Mil
lol's prompt release, and realizing that n
they would not appear before the inagis
trate Miller would bs Imprisoned until
May when, had no doubt, hs would be
promptly acquitted. ! paid them $50
without authority from Miller rather
than have him remain In all two 0r'threo
months awaiting an opportunity 10 prove
his Innocence Of the charge against him
'Mr. Trump. the president OF the WIN
mington City Electric Light Company,
the employer OF Miller and at whose
Instance undertook his defense, know
Ing tho character OF the man, is a firui
believer Ia his innocence and very
oharitably came TO hia assistance ia his
distress ] do not think public iustic1
has suffered by his discharge. know
that private right would have been ruth
llnhAN Alott NANt4 ~ hAtAa NNNA AAAAA ANN NNNu
Imprisoned FOR want OF bail on the testi.
m6ny against him for period Of nesrly
three months Every right minded
Anslo-snxon Is shocked at the idea Of an
innocent man sent 60 All by virtue OF
sentence uuwaTranted and wrong,
aud zee very little difference
between unjust imprisonment after
and unjust imprisonment before
trial. 10 put the poor under bail
AMOUNTS, practically TO their imprison
meut until trial time, aud hence It is
beneficial to have Intelligent and con
scientlous magistrates unwilling 70
deprive citizens OF their liberty on
inadequate and insufiolent evidence No
case ever come under my observation
where q detention would have been more
unjust or where a dismissal was more
proper than occurred In the case Of Wil
liam Miller. Notwithstanding the
warmth ard zeal OF your prominent
lawyer nothing was done Ia the case not
fully warranted by law and right.