miscellaneous papers(各种各样的文件)-第12章
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dead； seem to refuse to deny the crime in the very act of which he is thus
surprisedand yet the man has been； many years after； when his memory
alone could be benefited by the discovery； ascertained not to have been the
real murderer！ There have been cases in which； in a house in which were
two persons alone； a murder has been committed on one of themwhen
many additional circumstances have fastened the imputation upon the
otherand when； all apparent modes of access from without； being closed
inward； the demonstration has seemed complete of the guilt for which that
other has suffered the doom of the lawyet suffered innocently！ There
have been cases in which a father has been found murdered in an outhouse；
the only person at home being a son； sworn by a sister to have been
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dissolute and undutiful； and anxious for the death of the father； and
succession to the family propertywhen the track of his shoes in the snow
is found from the house to the spot of the murder； and the hammer with
which it was committed （known as his own）； found； on a search； in the
corner of one of his private drawers； with the bloody evidence of the deed
only imperfectly effaced from itand yet the son has been innocent！the
sister； years after； on her death…bed； confessing herself the fratricide as
well as the parricide。 There have been cases in which men have been
hung on the most positive testimony to identity （aided by many suspicious
circumstances）； by persons familiar with their appearance； which have
afterwards proved grievous mistakes； growing out of remarkable personal
resemblance。 There have been cases in which two men have been seen
fighting in a fieldan old enmity existing between themthe one found
dead； killed by a stab from a pitchfork known as belonging to the other；
and which that other had been carrying； the pitch…fork lying by the side of
the murdered manand yet its owner has been afterwards found not to
have been the author of the murder of which it had been the instrument；
the true murderer sitting on the jury that tried him。 There have been
cases in which an innkeeper has been charged by one of his servants with
the murder of a traveller； the servant deposing to having seen his master
on the stranger's bed； strangling him； and afterwards rifling his pockets
another servant deposing that she saw him come down at that time at a
very early hour in the morning； steal into the garden； take gold from his
pocket； and carefully wrapping it up bury it in a designated spoton the
search of which the ground is found loose and freshly dug； and a sum of
thirty pounds in gold found buried according to the descriptionthe master；
who confessed the burying of the money； with many evidences of guilt in
his hesitation and confusion； has been hung of course； and proved
innocent only too late。 There have been cases in which a traveller has
been robbed on the highway of twenty guineas； which he had taken the
precaution to markone of these is found to have been paid away or
changed by one of the servants of the inn which the traveller reaches the
same eveningthe servant is about the height of the robber； who had been
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cloaked and disguisedhis master deposes to his having been recently
unaccountably extravagant and flush of goldand on his trunk being
searched the other nineteen marked guineas and the traveller's purse are
found there； the servant being asleep at the time； half…drunkhe is of
course convicted and hung； for the crime of which his master was the
author！ There have been cases in which a father and daughter have been
overheard in violent disputethe words 〃barbarity〃； 〃cruelly〃； and 〃death〃；
being heard frequently to proceed from the latterthe former goes out
locking the door behind himgroans are overheard； and the words； 〃cruel
father； thou art the cause of my death！〃on the room being opened she is
found on the point of death from a wound in her side； and near her the
knife with which it had been inflictedand on being questioned as to her
owing her death to her father； her last motion before expiring is an
expression of assent the father； on returning to the room； exhibits the
usual evidences of guilthe； too； is of course hungand it is not till nearly
a year afterwards that； on the discovery of conclusive evidence that it was
a suicide； the vain reparation is made； to his memory by the public
authorities； ofwaving a pair of colours over his grave in token of the
recognition of his innocence。〃
More than a hundred such cases are known； it is said in this Report；
in English criminal jurisprudence。 The same Report contains three
striking cases of supposed criminals being unjustly hanged in America；
and also five more in which people whose innocence was not afterwards
established were put to death on evidence as purely circumstantial and as
doubtful； to say the least of it； as any that was held to be sufficient in this
general summary of legal murders。 Mr。 O'Connell defended； in Ireland；
within five and twenty years； three brothers who were hanged for a murder
of which they were afterwards shown to have been innocent。 I cannot
find the reference at this moment； but I have seen it stated on good
authority； that but for the exertions； I think of the present Lord Chief
Baron； six or seven innocent men would certainly have been hanged。
Such are the instances of wrong judgment which are known to us。 How
many more there may be in which the real murderers never disclosed their
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guilt； or were never discovered； and where the odium of great crimes still
rests on guiltless people long since resolved to dust in their untimely
graves； no human power can tell。
The effect of public executions on those who witness them； requires no
better illustration； and can have none； than the scene which any execution
in itself presents； and the general Police…office knowledge of the offences
arising out of them。 I have stated my belief that the study of rude scenes
leads to the disregard of human life； and to murder。 Referring； since that
expression of opinion； to the very last trial for murder in London； I have
made inquiry； and am assured that the youth now under sentence of death
in Newgate for the murder of his master in Drury Lane； was a vigilant
spectator of the three last public executions in this City。 What effects a
daily increasing familiarity with the scaffold； and with death upon it；
wrought in France in the Great Revolution； everybody knows。 In
reference to this very question of Capital Punishment； Robespierre himself；
before he was
〃in blood stept in so far〃；
warned the National Assembly that in taking human life； and in
displaying before the eyes of the
