Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1897-01-22
THE IRWIN TRIAL OVER.

The trial Of Mrs. Emma Irwin.
Charged with being an accessory before
the fact in the killing Of her husband
James j. Irwin, at the latters home,
atAllens Fresh, on the night of August
tue second last while asleep, ended Oh
Monday, in Baltimore city, in her &C
qulttal From the testimony nothing
else was left for the jury to do, and not
word OF censure should be visited
upon that body for their action in the
premises. All that was possible was
done BY the prosecution to have the law
vindicatad and that justice miscarried
cannot be justly attributable to any act
OF commission or omission on the part Of
the officials entrusted with the duty OF
prosecuting the criminal. When,
Matthews, after repeatedly telling the
story of the crime before the trial,
showing Mrs. Irwin to be equally guilty
with himself Of the murder, and promis-
ing to testify. refused to he sworn,
thereby deceiving and cheating the
prosecution out of the only evidence Of
a strong character obtainable against
Mrs Irwin. the case was virtually
abandoned and the verdict as rendered
was anticipated The miscarriage of
justice. and we say this aivisedly for
Mrs. Irwin Is undoubtedly a guilty
woman, was due to the failure Of the
law of evidence to reach such cases
Matthews being condemned to death
no physical force could have been used
to make him testify, but bis statements
as hearsay evidence should have been
allowed to go before the jury for what
they were worth and the law should be
modified to meet such cases. No more
foul, cowardly and cold blooded murder
than the killing of Irwin was ever com
mltted in community several par
tielpated in the crime, but under the
laws of evidence as they exist at present,
only the principal will expiate the Of
Tense upon the gallows-his chief alder
and abettor goes at liberty Matthews
stated among other things, and under
the cireu Instances, we do not believe he
was lying, that Mrs. Irwin and her sister,
Mrs. Bourne were parficeps crimiais,
in the murder. That Mrs. Irwin agreed
to hide Ja.aes Twins pistol in an out
building, that her murderous paramour
might suffer no harm at the lat.er's
hands when attacked; tia. she agreed
to leave window in the house I'M
fastened that entrance might be effected
: E:..hogt disturbing the slumbers of her
sleep ng husband, all of which yoes to
show the extent of her guilt, and yet
because of the suriy conduct of the
principal in the crims these statements
could not be used against her and she
goes free, again if she likes, to ply her
dlsgraceful trade and befoul the atmos
phefs of society with more of her sins.
A radical change in the law is needed
too many criminals are escaping pun
ishment. What motive governed
Matthews in his action it is impossible
to tell. Rumor has it that he was tam
pered with by some of Mrs. Twins
friends, and impressed with the belief
that reprieve might be awaiting him,
which, it is said, was strengthened in
his mind by the action of the Governor
in not signing bis death warrant which
ne should have done Immediately upon
his conviction, but which had not been
done up to the time of the Irwin trial,
although he had been convicted nearly
two months before; other coniectures
are aaoat that he played his game to
drive the prosecution into securing
communication of sentence p mt be
that as it NAV o,,, a;.s,,,.o.,,
mar motive is further unnec9ssar
an, edo no good.
Justice was miscarried and Mr.
Irwin is now free TO seek other victim
if she feels so disposed Is there any
thing else to be done? We see nothing
Lawlessness will not be tolerated n
miscarriage Of justice will justify us
taking the law into our own hands, as W.
done in the lynching Of Cooking. W
must bear our misfortuues as becomes
law-abiding people. But our people az
very much incensed at the whole affail
and public sentiment is very muc
against Mrs. Irwin, and while hoping fc
the best BY way Of prudence, we fe,
compelled to throw out the advice
her. that if she will act upon a kindl
suggestion it will be best for her safet
and welfare to seek a home in the futur
elsewhere than in the county where be
crimes were committed and regrette
and she despised