The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1905-05-10
Compensation for False Imprisonment

The question Of providing by law
for the compensation Of innocent per-
sons who have been condemned by
sons who have been condemned and
imprisoned for crime committed by
another is attracting attention. Not
that it lis possible by any pecuniary
grant to make good to such victim
the frightful wrong he has suffered
at the hands of society, but it is felt
that the reproach to our boasted hon
or and justice, of providing no rem
edy in such cases, should be done
away with. Why it has been so long
neglected, it is impossible to under
stand. The renewed discussion Of the
matter has doubtless been brought
about by two or three distressing
cases in Western states of men who
had been imprisoned for life on what,
after long term Of confinement,
turned out to have been false charges,
and who were turned out upon the
world, in their declining years,
broken, friendless, and with no means
of support. The recent case Of
Adolph Beck, in England, twice
wrongfully locked up for fraud. has
also attracted much attention, and
served to emphasize the necessity Of
legislation which in England, as we'll
as here, does not exist. 1t is to be
said. however, for the English govern
ment, that after Mr.. .Beck's second
release. it offered him solatfum Of
s25 ,000, and in some very fragrant
similar cases parliament has made
grants or from $4,000 to $4,000. We
know Of no instance in this country
Of anything Of the kind having been
done, either by Congress or any State
Legislature.
While in England, as here, there is
no provision by common law or stat
ute covering such cases, the subject is
being discussed, and something is
likely to be done. Sir Samuel Romily,
the great law reformer, proposed
clothing the courts with power to give
compensation in some cases, and Lord
Cockburn speaks OF the suggestion as
wise and humane;, but the Anglo-S2x-
-, * ...,,,oe. e1ox,Jx, in c,,ob roafterS
Other countries are in advance of
u.s.
Germany in 1898 passed an act Civ
ing any one who has been acquitted
on a rehearing compensation, and this
right very justly was made to cover
those dependent on him. In 1894 this
act was extended to include innocent
accused persons imprisoned during in
vestigation, and those dependent on
them. In some other European coun-
tries there exist provisions for rem
edying judicial mistakes. They are
found in some Of the cantons Of Switz-
erland and in Norway and Sweden,
and under the Indian Criminal Pro-
cedure Code an accused person who
has been cleared is given compensa-
ton.
It is a reproach to both Great Brit
an and ourselves that we should be
so far behind these countries in leg
islation which the plainest dictates Of
justice demand.
Not only, it appears to US, should
those who have been wrongfully i'm
prisoned, Or in any way punished, be
provided for, but every one who has
been falsely accused and put to the
expense Of a trial and defense by the
agents Of society should be sa far as
possible, compensated by society for
the wrong done them
Referring to the freed suspect, the
acquitted man, an article in recent
number of Everybody's Magazine
says:
Stripped and broken, bruised by
foul handling, Scared by suspicion,
pallid from deaths shadow and scar
ed as by hell fire, the acquitted man
stands dumbly impotent Of moral re-
dress or physical indemnity. And the
public, having scourged him as a Vi
carious sacrifice, expects him to be
thankful because it did not kill him.
ga man accused of murder con-
fronts prosecutors who bring to their
paid efforts an implacable purpose to
build or preserve personal reputa-
ton. So horrid is the charge and so
keen is the hunt that prisoner is dr1y-
en- to his utmost resource. He may
no longer rely upon presumptive in
nocence, for the innocence has been
and may again strangled by circum-
stantial evidence. He enters upon
defense which becomes practically