oo 
, 
61 
but it is precisely in death sentences that appeal would be of 
enormous value. 
Take into consideration the instances, well known, where the 
death sentence has been actually carried out, and the convict 
actually proved to have been entirely innocent by subsequent 
confessions of others. In spite of the utmost care, it is known 
that even the strongest circumstantial evidence has sometimes led 
to conviction and death of absolutely innocent persons. ‘There is 
much reason to conclude that, for example, Wiggins hanged in 
London in 1867 ; Hayes and Stone of Durham, 1873; and two of 
the three men hanged at Leicester in 1877, with various others 
recently executed in foreign countries, were put to death by 
mistake.* 
Others have been saved after sentence, and ultimately shown to 
have been innocent, as in the’cases of Polizzioni, of London; Hab- 
ron, of Manchester, 1876; Alice Rhodes, of Penge, 1877 ; Siddle, 
of Durham, 1884; Travis, of Cheshire, 1889, and many more.* 
When a man is hanged through a mistake in the evidence, judge, 
jury, or witnesses concerned in his trial, there is no restitution 
possible; whereas, if a man is sent to penal servitude, it is not 
impossible, whatever the delay may be, that the Home Secretary 
may be induced to listen to arguments in favour of a prisoner 
which may be brought before him. 
Under the present system many have had their lives spared, 
many have been restored to liberty, but the public have never 
learned where the mistake was, or who was at fault; whether the 
police were misled, whether the witnesses committed perjury, 
whether the judge was biassed, or whether the jury was stupid and 
ignorant. All that transpires is that the Home Secretary has 
reprieved a man sentenced to death, or that such and such a 
prisoner, convicted at such and such assizes at such a time, has 
been liberated by order of the Home Secretary. However satis- 
factory a mode of proceeding this may be to those concerned, it is 
a highly objectionable proceeding for the general body of the 
public ; and if any want of trust is felt in the justice of our present 
* From Howard Association Report. 
