Wrongly Convicted Database Record

 

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Mathew G. Burns

 

Charge:

Assault with Intent to Rape

Sentence:

4 years

Years Imprisoned:

1.33

Year Crime:

1903

Year Convicted:

1903

Year Cleared:

1904

U.S. State or Country of Crime:

Massachusetts

County or Region of Crime:

Suffolk

City of Crime:

Boston

Result:

Pardoned

Summary of Case:

"Mathew G. Burns was wrongly convicted on Sept. 17, 1903 of assault with intent to commit rape in Suffolk County, Massachusetts. Mathew Burns was convicted based solely on the testimony of the alleged victim, while Burns insisted there had been no assault. After his conviction in Superior Court Fitzgerald was sentenced to 4 years in prison. After a post-conviction investigation the Suffolk County District Attorney became satisfied their was doubt of Burns' guilty because his accuser had been found to be a person of "bad repute," while Burns "had always borne a good reputation." Upon the recommendation of the District Attorney, Massachusetts Governor William Lewis Douglas granted Burns a full pardon on December 16, 1904 and he was released from prison."

Conviction Caused By:

Perjury by the alleged victim.

Innocence Proved By:

"On December 16, 1904 Burns was pardoned by Massachusetts Governor William Lewis Douglas with the District Attorney's recommendation, based on the unreliability of the alleged victims testimony."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"No. 43. Mathew G. Burns, Special Messages section, "Acts and Resolves Passed by the General Court of Massachusetts, in the Year 1905," Published by the Secretary of the Commonwealth, (Wright & Potter Printing Co., State Printers, 1905), p. 605, 606."

Information Location 1:

https://books.google.com/books?id=aldNAQAAMAAJ&printsec=frontcover#v=onepage&q&f=false

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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