1. Have you personal knowledge of the execution of any person, on
conviction of murder, whom you believe, from subsequent developments,
to have been innocent?
2. Have you personal knowledge of the imprisonment, on conviction
of heinous crime, of any person whom you believe, from subsequent
developments, to have been innocent?
3. If either of the last two questions is answered in the affirmative,
was the victim a worthy person?
To the first question every warden in the United States and Canada
answered “No” unequivocally, with the exception of R. W. McClaughry,
warden of the government prison at Fort Leavenworth, Kansas. Colonel
McClaughry was not sure, but said: “I know of one or two who may, in my
opinion, have been executed wrongly.”
Warden Fogarty, of the Indiana state prison, wrote: “I have no
knowledge, personally, of the execution of an innocent person; however,
I have no doubt whatever that some innocent men have been executed.”
To the second question, however, a number of prison officials answered
“Yes,” qualifying their statements by answering question No. 3 with a
negative answer. For instance, Warden McClaughry, of the government
prison, answered, “Yes, a very few,” adding, “In no case could the
party have been called worthy.”
Warden Alston, of Wyoming, says: “Yes. I am confident that I know of
one man in our state who was convicted and sent here who was innocent.
But,” adds the warden, in answering No. 3, “he was of a drunken
disposition, and had he been a sober man would never even have been
suspected or accused.”
Warden Russell, of Marquette, writes: “I don’t think from my experience
as a warden of this prison that the courts make many mistakes.”
However, Dr. Gilmour, of Toronto, answers question No. 2 “Yes,” and
adds as an answer to No. 3: “Most worthy, and results sadder than sad.”
Superintendent C. C. McClaughry, of Boonville, Mo., answers “Yes” to
both No. 2 and No. 3.
Warden Fuller, of Ionia, Mich., writes: “During the seventeen years I
have been warden I know of only one case of wrongful conviction for
offences against property. One prisoner was sent here for stealing a
cow, and another prisoner afterward confessed that he had committed the
crime charged against the other man, in order to get rid of the man
with whose wife he was infatuated.”
Warden Fogarty, of Indiana state prison, writes: “I have not been
convinced by subsequent development that any man convicted and
sentenced here for a heinous crime is innocent.”
The case from the western penitentiary, Pittsburgh, wherein a prisoner
who served fifteen years was pardoned, was pensioned by Carnegie
and heralded as innocent, is treated in the following report: “Your
committee had previously taken pains to write to the warden of the
prison mentioned, but the information elicited did not indicate that
the prisoner had been declared innocent, but was to the effect that
the man had been discharged in the usual way--on recommendation--some
doubt having been raised.”
Public-domain text, read in full here on John Shaqi.
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