The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1904-08-15


He was and is an active practitioner,
in excellent standing in civil practice as
Well. He is man of family, and being
only a modest, Woodworking lawyer,
while prosperous, has always been far
from wealthy. Nevertheless, amid the
ares and struggles incident to his va
ried responsibilities, domestic and pro-
fessionaI, Mr.. Colborn did not permit
himself to despair Of this poor friend
less Austrian youths final release from
and disgrace. 49,.
And it is pathetic circumstance
that the aged mother of Mr.. Colborn,
sterling woman of old Pennsylvania
Scotch ancestry, partook in generous
measure of her sons faith in the inno-
cence of his client; and so abiding and
fervent was her belief in that innocence
that upon her very death-bed she Sc
cured solemn promise from her son
that he would leave no stone unturned
to secure Berschine's vindication.
What a combination Of impulses to in
spire a mani A VOW to a sainted MOTH
er and the conscientious advocates adj
equate and consuming sense of profess
sionaI responsibility! Who shall say
that the law is a mere business, with
incidents like this to refute the accusa-
ton?
For seven years after the decision of
the board of Dardons Mr.. Colborn, in
season and out Of season, confronted by
countless obstacles, patiently pursued
his investigation. AS. up to this time,
he had been Obliged to meet the neces-
sary expenses out of his own not too
plethoric purse, and for other obvious
reasons, he felt justified In communities
ting by letter to Bersohine's father, in
Austria, full report of the case. In
his letter, Mr.. Colborn expressed his
faith in the sons innocence, giving his
reasons therefor, and emphasizing his
belief that the father would be glad to.
aid in establishing his sons innocence
by at least contributing toward defray-
ing the incidental expenses. Mr.. Coll
born was astounded and shocked by the
fathers reply that as his son had dis
graced himself by his Identification
with Maria Kersek, he had forfeited all
claim to his fathers affections or con-
sideration, and that his sons fate was
a matter Of complete Indifference to
him,
Relieved INNOCENT IN PRISON.
1t is worthy of especial comment that
upon one Of Mr.. Colborr,t visits to Ber-
schine in the Eastern penitentiary,
where the prisoner was employed as a
nurse in the hospital, the then superin-
tendent of the panitentiary volunteered
the remarkable statement that he was
confident that Berschine was an inno-
cent man. And the superintendent
went on to observe, in substance. that
his long experience with prisoners and
criminals enabled him to differentiate
/, Between the two classes; and that there
was subtle something, eluding ANAL
lysfs, that convinced him that Ber-
schire was not a murderer. Likewise,
/, prominent at-ene-time government
official and former prosecuting Off
| Ger. who. while an inmate Of the East
ern penitentiary and suffering from ty-
lphoid fever, was nursed by Berschlne,
subsequently contributed a written and
most eloquent testimonial in Ber-
schine,s favor to the board Of pardons,
observing that it was Incredible to him
that such a young man could ever have
committed murder.
IN his explicit reliance upon Ber-
schine's explanation Of the scars upon
his chin, Mr.. Colborn could not but dis
Ecredit the circumstantial story told by
1.-THE woman witness who testified at the
trial to their origin. He was, accord
Iingly. encouraged to endeavor to obtain
fif possible, a contradiction of her tale,
i if not from independent sources, then
from the woman herself. He learned
THAT she was particular friend Of ths
man for whom Maria Kersek had dis
Icarded Berschine: and that she had
been. evidently and consequently, much
fprejudiced against Berschine. This
witness had in the meantime left the
neighborhood Of Olyphant, and long
thine elapsed before any trace Of her
could be found Finally, however II
was ascertained that she had wandered
lfrom place to place until she had dieo
lin a small town in the state of Ohio
with only this feeble clue, Mr.. Colborr
REPAIRED to this town, and, knowing the
woman to have been of Roman Catho-
Lie faith, he successfully sought an in.
terview with a priest who had beer
|present during her last moments, Mr.
Colborn thinking that she might have
confessed her perjury to this cleric.
i But here the jealous advocate was
again more than embarrassed by the
reflection that the secrets of the con-
IfessionaI are inviolable. Discouraged
Ibut not abandoning hope, he conteDte6
himself, after confirming his suspicion
THAT the woman had confessed before
Il her death to this priest, with inquiry O
him whether. from what he, the prest
lhad learned from the. woman at any
thine. he believed Franz Berschine was
lguilty or innocent of the death of Ma
Iria Kersek. To this ingeniously de
Ivised question, canons Of the church
do not deny the priest the right to re
lply that he was satisfied that Berschin'
was innocent of the murder. Further
4 the priest consented to make oath t.
his statement to that effect. With thi
affidavit Mr.. Colborn returned to Scran
Il ton. His next step was to procure al
Iorder from the proper authorities per
hitting a surgeon to visit the Easter
lpenitentiary and make an examination
of the scars on Berschine's face.
i 1t should be observed that reques
flor such an examination was refused
and no doubt properly, under the evi
Ix-v = |,