The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-08
TIE EVENING STOR r
The Laws Mistake.
by Donald Alien.)


Whenever a man is sent to state pris-
on his record reaches the Institution
ahead of him. The deputy warden gets
It from the police who worked up the
case and arrested him, and from the
published accounts of his trial. It is
known before he arrives about what
sort Of 2 man he is, and he is some
times assigned to this or that depart
ment in advance. If he is recorded As
bad man. the deputy gets ready 10
lay down the rules and regulat lions to
him. If otherwise. the Official heaves q
sigh of relief. Nowhere is 4 bad man
out Of place more than in a penal IN
sttution, where his example may in
feet SO others, and nowhere is a good.'
man given a warmer welcome.
In broad daylight, in a western city.
a stranger had entered a big dry goods
store and held up the cashier, obtained
something like $1,000 and got into the
street lie would have made good his
esca0e but for an accident. As II was,
ne got half q mile away before being
captured. The money was not found on
him. but there were half a dozen per
sons to swear to his identity.
The prisoner, who gave his name as
James Drayton, declared that a mis-
take had been made. At his trial he
actually proved that he was a resident
of village SO miles away, and nam
dozen Of his fellow toWnsnen were
on hand to swear that he was an ir-
dustrious, honest man.
There are times when waves OF crime
seem to sweep over mommunity
And there are also times when waves OF
justice follow, and in their zealousness
the courts seem determined to convict
at any cost The two waves happened
to be sweeping over the western city
at the time, and the law made an e1-
ample of Drayton. He was sentenced
to state prison for I'VE years. ana the
judge read him a severe moral lecture
from the bench in addition. The prs
oner protested to the last, and his WhoIe
community felt that the law had mace
q grievous mistake, but there was z
ton would have it that justice had her
hands on the right man.
The deputy at e. prison nad
read a full account of the trial, but he
did not let a doubt creep into ms
mind. Whoever came to his PRISON
had been adjudged guilty by the courts
and put into his keeping, and It was
not for him to doubt or crltlcise. HS
| looked for a man who would whine ana
1 beg for sympathy and carry hlmseI
as martyr, but he was agreably sur
prised to discover quite the contrary.
Drayton was in the prime OF 1lIes
| clear-eyed and frank-faceds ana ne
had nothing to say against his sem
tence. He seemed to realize that the
| time had gone by for that. Ia the
department to which he was assigned
1 he made such a record that after g
I year he was appointed ''truSty. ne
/ had served almost two years OF ms
time before the deputy heard his story.
It had the ring of truth and the OH
Ger believed it, but at the time ne was
| going to leave the prison and take an
/ other position, and he felt helpless IN
I the matter. In the course OF a week
/ he went to a distant state, took up q
new occupation, and three months
/ passed away.
Taen one day the former deputy
made a days journey by rail. and as
/ he sat down to dinner in the dining car
/ his amazement was unbOunded to OBJ
serve Drayton at a nearby table The
convict looked up at him without
! recognition, and did not seem at all
abashed. Here was a man who had
seen Drayton every day for two years,
talk easwith hin, noticed every pecu-
liarity about him. and could swear to
him thousand times over.
There was no more doubt in his
mind that the convict sat before him
! than that he was living, and he was
presently absorbed in speculation. It
was just possible that the man had
been pardoned. If so, why did he not
recognize and greet his old friend :? The
! deputy had been as friendly with him
as the regulations permitted=even
more than that
If he had not been pardoned then he
must have escaped. but that ne could
sit there with such brazen assurance
was not like Drayton. The deputy found
AAil 4(CSAAtJAA GAAiDdL4dzSltiR III Il Way. ana
yet it did not take him long to make up
his mind what to do. He would have
been glad to see Drayton get a pardon,
but if he had escaped he must go back
and serve the rest Of his time
During the meal the eyes of the two
men met dozen times, and of the two
DraytOn was the less confused. His
hair was yet short from the prison regu-
iatisans and he had on civilians dress
of good texture His demeanor was that
81
to a certain degree, and it was certain
that il addressed he would promptly
deny his identity AMI carry the matter
through with a high hand. This diSsem-
bling and assurance on his part was a
new phase of his character. and dinner
had been finished half an hour before
the deputy approached him and said:
Il have d good memory for faces. and
I am sure have seen yours before
TT may be So was the careless re-
ply. accompanied by a smile.
Haven't 7 met you in the village of
Wadsworth2'' naming the place where
the X state prison was situated.
Z may have passed through the place
on train, but I am sure never stop
ped there. It is possible that We have
met before while travelling
The voice-tfe movement of the mouth
while Speaking-the look of the eyes
everything about the man was perfectly
familiar to the officer, but he suddenly
decided to adopt a new line of policy
for awhile. He would meet hnesse with
finesse The pair entered into general
conversation for two hours, and then
the deputy sent out telegram asking
the warden of the state prison il Dray-
ton had been pardoned or had escaped.
Two hours later. as he was nearing the
end of the journey. he received an am
swer reading:
e'Drayton is still with us and has just
been locked in his cell"
Here was another puzzle. but it did
not take the astute official long to reach
a conclusion. Drayton had claimed that
the felony had been committed by some
man resembling him Here was his pro-
totype-his twin brother. While he
looked more like a respectable business
man than a thief, the ex-deputy deter