‘Crime’ and ‘criminals’ are usually considered synonymous. However, our perception changes when we see a criminal suffering or serving his punishment. This happened with the prison staff also. Noticing a criminal suffering in the prison, they developed a soft corner for him. They looked at him as a human being and not as a mere criminal. They started noticing and appreciating his mental capabilities rather than remembering his crime.
In the story, Jackson lets Evans keep his hat on after being informed about it being lucky for Evans. Evans knew of the emotional side of Jackson and so hit it directly through his talk about ‘lucky charm’ and managed to fool the stern and practical officer. Even the Governor could not help noticing his intelligence when caught him in the hotel. Thus, he was not cruel or stern with Evans, and regrettably, took him leniently.