Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-10-17
CIRCUMSTANTIAL STORY
Its Fallibility Where Life Is at Stake.
Mistaken 1dentity-Famous Local .
Case-Capital Punishment, in
Portugal Abolished for
Similar Instance
by GEORGE NOX Mccain

by GEORGE NOX MCCAIN
ONLY once, l believe, during the last
~ thirty five years has an attempt been
made to repeal the law imposing capital
punishment in this State.
In that instance It was unsuccessful.
1t never got beyond the doors of the
committee room.
Everything had been set for its passage.
majority in both House and Senate
were pledged to its support.
Governor Brumbaugh had agreed to sign
the measure.
Then came the Eddystone explosion and
that sealed the fate Of the bill.
Governor Brumbaugh declared that 1T
those guilty of the horror could be found
they must be hanged.
T'llE death penalty has been abolished IN
l. only four States of the Union.
In number of foreign countries. in
Guiding Italy, Portugal. Holland, Rumania,
etc. il has not been imposed for years.
Various reasons have been assigned tor
refusal by some countries TO adopt the Mo-
sale law of IAN eye for an eye, tooth
for tooth.
Principally it has been the falliblity of
human testimony where life depended upon
its truth or fal'ty.
Another argument has been the doubt
full value Of circumstantial evidence.
AT \ dinner recently the question was
"A the principal topic Of discussion. There
were three lawyers present.
While no conclusion satisfactory to all
was reached. il was tho consensus of opin-
ion that the human mind follows the line
OF least resistance.
That there iS nothing so fallible as human
observation and testimony.
Mistaken identity il the backbone of cir
cumStHnial evidence.
In no one thing is human testimony so
e"ratiC and unreliable.
TIlERE are few people, men particularly.
who have not been taken for some one
else.
Last week n gentleman. n stranger, in
sisted | was another individual of his
acquaintance.
1t was only when | removed my hat
that Ii" was convinced, and retired with
profound apologies
Had crime been committed by the man
whom | rrscmhlcd. when was in the neigh
borhoUd, might have experienced consid-
crnhI" difficulty in proving my innocence.
II would have been parallel to the
cnso of the Irishman who inserted the fol-
lowing in Il newspaper:
"ThiS is to certify that |, Daniel O'Flan-
nngnn am not the person who was tarred
and fcnth"rcd by the mob on Tuesday last:
and | am ready to give twenty guneas
to any one who will bet me fifty gunpas
that | am the other man who goes by my
name, Daniel O'Flnnnagan."
AVE- ... -, .,o,,. ~ -
[ lNE "' 'hc inoH' r"H'"rN"ole cases OF ms
~ taken identity was that of Benjamin F.
GraySon.
ii" lived, twenty -odd years ago, Mt 4lOo
Girard avenue. this city.
As he did not return home for several days
his wife became alarmed and instituted
search.
It ended at the morgue, where she iden-
thrTd ii" h"l%, OF drowned man as that
the Hanover street wharf
Positive Identification was made by Mrs.
Hrn%S"n.
Ihc hat and shoes on the body were, she
Sdlu' th"'" b"Ioh%ig I" her husband.
furth"rmor", thcr" was scar on the
rh""k Whlrh sh" r"r"gniz"d, and also
rr""ErI finger on the dead mans hand.
NJ "a" Coroner "iHr" the widow signed
sworn N!i%n"nt t" the n owe effect and TOOK
charg" ol the remains for burial.
A ARRANGEMENTS for the funeral were
"A rrd,.r ,.,v
,vl ~, %!,I ho, ,,,r1 , ,,
j., o,I.,. '',i,. g., ;,,.,nn, "''u p''ec"
:" Th ,,,,,l,r.H ,I"H ~, ,,,,,r ~, Co.
'o,,orn ~ 4, t son, Werc
i;shmnn, ., ,hn i"to bo,ro 'I% of ,h ''r oI "stno-
Tho,' ,.,,,, tha Imn,,'o,t, ii' oMr "v',"'cu.
= "ro,.n, |r,!n ,Io siro ,nor ,.o,,.od ,
his hon" nni ,tommc1 tIc 'fur f"ncroI T"'Ae" '"'o
,r%' t''; J.; ,hP w" wv ,, ,",, ,,' 49,. a., ,
.Lm ,,n,' ~ '''' '" "'"'' '''' '''''' " "o'iie
iurod in the head by an accident at Ncatie
4 l"yy'S Shipy@rd.
=. II" had lost his identity on the day he
dl$Hlp"ar"d ana had wandered around the
city Tor several days.
When he cam" to himself he was in Fair
mount Park
In" n"u{ OF IN" drowned man was later
la H. lnrf InI