Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1904-10-07
DECLARES HIS INNOCENCE
J. r. NC cARTHY ISSUES AN AP.
PEAL FROM NEWFANE JAIL.

PEAL FROM NEwFANE JAIL.
Insists that He Has Been Uniustly
convieted-That Reasonable Doubt
Of Guilt Must Exist-critioism Of
the Trial.
The Reformer has received a letter
from j. f. Mccarthy, who was held
in Newfane Jail pending the decision
of his case by the supreme court this
month Mr. Mccarthy was found
guilty by the jury in Windham coun--
ty court at Newfane September II, OF
aiding In the robbery of the Wind
ham County Savings bank at New
fame August s. He appeals to the
judgment of the people of this COM
munity in the matter of his connec--
ton with the crime in question and
stoutly maintains his innocence, In
his communication he says:
l have been convicted of being
participant in the robbery of the New
fame Savings bank and In the eyes OF
the law l am guilty man; but l de-
clared myself innocent at the time or
my arrest and / still insist that / am
an innocent man, unjustly convicted,
and that, in view of the evidence
against me there exists, to any fair
minded, unprecedented person, rea-
sonable doubt as to my participation
in the robbery of the Newfane bank.
My reasons for claiming the existence
of such doubt are: First, the state
failed to connect me nearer than SIX
miles with the scene Of the robbery;
second, l claimed | slept in saw mill
in Williamsville the night of the rob-
berry. which was true; third, the state
could not prove that l did not sleep In
the Williamsville saw mill, neither
could | prove that / did. But evidence
showed that was seen coming out OF
there about o'clock the next morn
ing by an employee of the mill who
found two newspapers spread out on
the floor which appeared to nave been
lain on. Now l insist that since the
state could not prove that / did not
sleep in the mill that night and failed
to show that / was any nearer than
Williamsville to Newfane, there must
exist a reasonable doubt of my gullt
in the mind of any person who loves
fair play and justice and who Is not
preiudced against me. l do not beg
for sympathy or ask any favors.
simply want justice and fair treat
ment. States Attorney Schwenk
claims | hid the money taken from
the bank: if | had sense enough to
hide that, why did | not hide the gun
that was found on me?
Were my actions around Williams
vile, West Dummerston and Brattle-
boro such as might be expected OF
bank robber? The only money
had when arrested was 50, for Whlcn
pawned my watch to Mrs. Connarn
of West Dummerston, in order that
might buy a ticket to Boston. l am
an innocent man., imprisoned ana
punished for the wrong-doings of
others NV only consolation is in the
knowledge that time will come
when we shall all be brought into
court where wrongs and acts of injus-
tice are righted and where the tongue
of man is not needed to convict be-
cause the Judge there can read the
very souls of the prisoners. There
shall receive vindication, If not be-
fore.
At my trial Policeman Hall testi-
fed in regard to conflicting stories
which he claimed told him. | do not
say that he prevaricated, but ! DO say
that he did not tell the conversation
exactly as we had it. He asked me,
"Where did you stay last night?' l
"The Brooks house" He
then asked me if l came down the
narrow gauge and l answered no. not
distinctly what ne
meant. But when | did finally under
stand. said did come down the mar
row gauge. | did not tell him that
I stopped at hotel in WILLIAMSBURG,
as he testified, l said in a saw mill
I do not accuse him or faisehood, LOT
I believe him to be an honorable man
he simply misunderstood me-
also told him that | had left Two
the Boston Globe and the
Cleveland, o., Plain Dealer, there as
they were afterwards found. l ala not
first tell him, as he claimed, that |
came from Springfield, Vt" ana tnen
change it to Springfield, Mass. l tod
him Springfield. He asked, Spring
field, Vt.?" 1 said, mo, Springfield
Mass" However, we all make mis-
takes. I asked Mr.. Hall what ne was
arresting me for. He said Don't you
know" | answered, MOI He then
said it was for breaking into the
Newfane bank | said, Does it look
to suppose that II l had
robbed that bank, l should be walking
around in broad daylight in a town
the size of Brattleboro| lie an
swered me, mo, I don't think you are
the man | am looking for
But Mr.. Hail didn't TESTIFY TO tnat
part OF the ldlk at NY u idi' @h'' 49,
fried to make him state the CONVEX
sation word for word but Mr.. Han
told nothing about his statement that
he thought |. wasn't implicated in the
robbery. OF course there is quite
little gold to go in somebody's pocket
If 7 am sent to state prison, and gold
rules the world. The states attorney
in his address to the jury made quite
a point of the fact that did not take
fine stand in my own behalf; but
Judge start. who is a very just ana
good man. stopped him and censurea
him for it, declaring that my failure
TO take the stand was no sign OF my
guilt, But the words had reached the
ears of the jury and | think in1u-
enced them to return verdict Oh
guilty against me. -
OF course people naturally think II
a man is innocent he VIII say some
thing for himself; if he does not there
must be something in his past he does
not want brought to light. POSSIBLY
that may be true. Suppose it is-yet
one need not be bank robber OF tllel
of any kind. Family troubles often
cause a man to lead life OF obscurlty
and sorrow. ,o
But even if / were regular Jesse
lanes. should that have any bearing
IN present trial? Was / on trial
for NV past life or for the robbery OF
the Newfane bank? No matter what
NV mast has been Though l can as
sure YOU 1 am no bank robbery II
,-a,I5 hove No Influence according to