I mentioned that I would devote a portion of this letter to a few
prominent illustrations of each head of objection to the punishment of
Death. Those on record are so very numerous that selection is extremely
difficult; but in reference to the possibility of mistake, and the
impossibility of reparation, one case is as good (I should rather say as
bad) as a hundred; and if there were none but Eliza Fenning’s, that would
be sufficient. Nay, if there were none at all, it would be enough to
sustain this objection, that men of finite and limited judgment do
inflict, on testimony which admits of doubt, an infinite and irreparable
punishment. But there are on record numerous instances of mistake; many
of them very generally known and immediately recognisable in the
following summary, which I copy from the _New York Report_ already
referred to.
“There have been cases in which groans have been heard in the
apartment of the crime, which have attracted the steps of those on
whose testimony the case has turned—when, on proceeding to the spot,
they have found a man bending over the murdered body, a lantern in
the left hand, and the knife yet dripping with the warm current in
the blood-stained right, with horror-stricken countenance, and lips
which, in the presence of the dead, seem to refuse to deny the crime
in the very act of which he is thus surprised—and 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 them—when many additional
circumstances have fastened the imputation upon the other—and 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 law—yet 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 dissolute and undutiful, and anxious for the death of the
father, and succession to the family property—when 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 it—and 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
Public-domain text, read in full here on John Shaqi.
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