The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-09-20

were lElOl dit, that PuhiohhiCih AOOS hoe
always fit the crime; that homicide COM
nitted in self-defense sometimes is pun
ished as If 1t were done maliciously, and
that the criminal law in this country is
sometimes turned into an instrument for
the accomplishment of the purpose of
an enemy or the satisfaction of personal
vengeance
Ignorance of rights on the part of the
victims oftentimes is their undoing. I'm
aware of their right to have counsel at
the expense of the state, men who have
no money have had improper defense,
and have been sent to prison for long
periods. Perjury sometimes is RESPONSE
BILE for their plight. In some cases the
color of the skin is accepted as evidence
damaging to the defendant when the ac-
cused person happens to be a negro.
The story of German youth Is years
cd, who thought he would like adventure
connected with army life in time of war,
and came to this country in 1898 for the
purpose of enlisting in the United States
cavalry in the war with Spain, illus
trates how a man may suffer from cir
when in absolute
ignorance of his connection with a crime.
He had ben in this country only a f.
Gays when he CHANGED to meet in New
York restaurant a clever person who
spoke German They fell into conversa-
ton, and the young fellow told of his
desires and his fear that his lack of
knowledge of English would make it diff
ficult to secure enlistment.
a. too, wish to enlist" said the stran-
ger across the table. I'VE will go to-
gether. 1 will show you. We will go to
Washington. There is the best place to
enlist.
They started for Washington. Before
reaching Baltimore, however, the glib
stranger said that he had learned that
Washington was crowded with men de-
string to serve, and they would stand
better chance in Richmond They, there
fore. went to Richmond. On their ar
rival there room was secured, and they
went out to eat. The newly found friend
said he knew two sisters living in Rich
mond, and they would call on them. One
wa smarried, he said, so they would have
to use some caution. AS they approached
the neighborhood after dark where the
women were supposed to be living the
innocent young German was directed to
wait around the corner while the ground
was reconnoitered to determine if the
husband was at home. In a little while
the man returned with a bundle under
his arm. He said the husband was ex-
pected home at any moment. They were
to postpone the call until the following
evening. The bundle he explained, con-
tanned some clothing belonging to the
married woman. She was going away
with him on the morrow.
The young fellow accepted the explana-
ton In good faith, and was much aston
ished shortly to be arrested with his
companion for burglary. The package
contained silverware. He was charged
with being an accomplish. The circum-
stantial evidence was against him. He
was sentenced to four years imprison-
ment while the other man was sent to
the pententiary to serve term of Is
years Through the story told by an
other prisoner in the same prison, whose
pardon the league had secured, the story
of the young German came to its atten-
ton When visited he at first hesitated
to tell his experience because OF his
sense of humiliation, but finally was per-
suaded to do so. He was pardoned and
returned to Germany, where no one knew
of his trouble.
Another case which the league investi-
gated shows how the punishment melted
out sometimes may be out of all proper
ton to the crime. For nearly half a CEN
tury John OFT, according to the story I'M
covered has been in state prison pay
ing the penalty Of stealing a wrench.
The theft was committed for the sake of
lery seat to hear famous singer. He
may be said to have sold his life for a
song. He did not even hear the song.
In those days sentences were intended
to be severe punishments. with no
thought of reformation In the state in
which John OFT lived a man on con-
viction for the third time could be sem
fenced to prison for life on the charge Of
being a habitual criminal. The convic-
ton of OFT for the theft of the wrench
was his third, and he was sent to prison
for life. 1t Is said that the first time he
was accused of an offense he actually
had committed no crime. The second
time he was arrested for a petty theft
which he actually had not committed
Then came the stealing of the wrench
from a tool box standing on the side
walk He was an obstinate man, and
made no defense on his third trial, for on
the first occasion he had made a strenu-
Gus but unsuccessful defense and