Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-10-03

.; i-"'hs concessions made to him NV ,h.
PRISONER Gen Taylor rose and begyed nsrrn;,., VIC
OF the court to ask Mr. Bernard sone n'''l
tons Were asked. ' '0'o"'hS ques-
cues Where did this conversa,;o, fab. ~
ms AT The jail door. fe+
CUES DID the prisoner make this confess;o,
Heely and voluntarily,
fms He did told bi,, the co,so =,
heard him say. "0"" Whatever
EueS' was there any inducement hold o,, 20
h m to obtain the confession, "''N ou' u
'IhS no told him indeed that did no, know
""e'ner me confession would do him either COOL
r ou' might be relief to his MIND to
make II. The prisoners object was to let bic 80
kno" the cause ofhiS commitment 9'
PROSECUTOR for the Commonwealth IT,, A.,
P!>oaer commenced the conversation with he
DVe before he made this confession, '
ms lie did, and cautioned him that sbou,a
De ooilged TO tell whatever he should .,v
Hen Taylor then objected 10 the adn;ss;o e
narhards testimony, enforcing his obiections ~
some remarks, of which the following 10 H. s,,,,
stance: 20 NV SUI
ne commended, that there was most rn,p;f.s.
.SS' III permitting, as general rule COM
: a'to"s RON prisoner to his jaiior, TO be-
sN@h IN evidence; that prisoners were under the
authority and control of their isilors and hi. 49,.
thority r'ightbe abused He was v.ty fr So ..' GU
putting to Mr. Barnard any Improper mo,i,,as 80
HI. %,
oeheved he was incapable of acting mp,onaI -
surh occasions; that this case Che would adyn;,I
uiu not present an instance of direct menace ~
Tue HoSoa'e promise OF any Advantage to the
p'ru"er' OUT .he evidence should from motive Of
public policy be excluded He regretted H., -
iSa not been sooner apprised by the Common
wealth Attorney OF his intention To Use ,b;s o.;
uehce. lie wished II for the sake of the p,;sono-
ana his own; to the end that he might have her
prepared 20 resist 1t This extraordinary pbe
nomehon appeared, OF an unhappy individual Con-
Tossing himself guilty, when he was in fac, ;ns.
Heappealed TO the Judge to say whether his banor,
own recollection would not furnish hin, Iii -
merous instances OF persons, really innocent vvbo
|au confessed themselves guilty, even wi,bont coli;
,"a"oh or apparent lnducement. There he intro.
uuced some law 20 support his position Uscon-
tended that 10 produce an influence on the mind ne
PRISONER, was not necessary to resort 10 styfpes
or ofo,os. 1t was enough if an erDectot;o,,F -
JutWe advantage, or detriment was held M, ~
suPeIinduce the confesson-that this was ruJ. Of
law founded on knowledge of human ,,ot,,ya
Ii magistrate, clothed with his Official dion;t,
ana power, should obtain a confession which ,son,
not nave been made TO him as private man. the
, ,onieS ION shonid not be regarded. Here the
hnnfdry confessions Ohough the weakest of a.,
KINGS OF testimony, and the most suspicous) ~opd
De received against the prisoner, but were ~ bs -
Jec'eu' II there was the least appearance of in
fuenee having been used That the buma, n,;nn
couiu no' imagine case in which influence was
hi're lkeiy 10 De e1erted than that of confessions
OF prisoner TO his jGilOru He insisted that ,bis
confession was not free and oolunsorD. and ~
'honSh no threats were employed, The confession
was at least inUifedThat the slightest tbreot no.,
sum lent to destroy the effect of the confess,on
Ahat the human heart, too often, was so con.
s"uc'eu As moi 10 lie able 10 distinguish between
the commands and The mere ciuu deDorf,n,,t snH
Ri
court 10 look to the consequences ifa ioiIor -
" oe al4oWed 10 cid oct inducements to elicit
confessions, whether obtained under a spoos
''on 'h't The mind of the prisoner womb bA
'e"eFeu, or any other whst.oever-That this
po|er snouid never be exerted by any person:
anu - WERE II was OF nature too delicate to be
eohhded 10 every clpmsy hand, entrusted IN ,r-n
the key OF Jail. Woul not such permission CO..,
vert me cells OF your prisons into dungeons vvorsa
IMAM those OF the i'qvisition, The court will no,
-uI'er JaEoT, whose duiy it is 10 lock him I'm
examine his manacles, and furnish him with bresS
'n" wafer 10 exercise over his prisoner the Office
OF grand irquisi or '"ee
The Commonw ealth's Attorney ,yosr-o,
10 answer these objections, when he wa. s,onnaSS
Dy 'he Judge, who sid his opinion was mad a.
= We question tha' hrs presen'e1 itsef was ,vbstbs-
me confessions made 10 jGii0r could be eceivst
at all lie could entertain no doubt bu, thew ,n;,,tt
o'her wise contradiction TO the whole current os
'' 80 '""iu ne produced. In this case he did
M, understand The iaor TO say that be offered on,r
inducements The prisoners wife came 70 ses L;y
ana was rot permitted TO DO without beins AZ
conpanied by the ilor. The TAILOR did bi jut
IN gong with her. The prisoner began IN toll ~.
vie The circumstances ct the affair. when he 80
interrupted By tie J'iIor, with caution that what
ever was said in his presence must be told asain~
'hat ne 'iid not know whether the confession 10
was atou' to make would produce either good a.
harm. HE honor could not therefore ace ,n,,s.
these circumstances, how the rule ofIavv rnen,ior.s
by the Prisoners counsel coulI apply He con
Tnented on The reason Of the law respecting con
LESSONS, and concluded by saying, that the con.
iession IN the presen case seemed IN have TO-,
perfectly voluntary.
Barndrd icing again called.
Depo.ed mat tie Informed the prisoners wifi
who had made application to zee him, tia, tbis
PIWIsse cou'd not be granted except in HI. Ghe
l'"" - Pre-ehce-ihat he opened the out.r hu,
n"' 'he inner docr Tor her admission Witness ev
!, e''eu some person was concern with FrizzIe in
we Pe' Peu'"on oil the murder, and that The intend
Ed confession would he directed 10 {hof noi,t
QVssiion by prisoners counsel Did vou co,
ceiveU 10 be The prisoners intention 10 cornnu
nica'e the Circumstances frhe affair 10 hi. ,r;c.
only? Se
ms did
Ours. Do you suppose the prisoner would b.,.
made any confession ELL ii bis wife had mo, -
pre-ent? '0'"
ms. Probably not
Genl Taylor again addressed The cop,, TO- H..
cnrpose OF excluding Barnards resiip,o,v m.
said even II Temporary advantages bad been h.t5
oui' tne evidence was nadmssible. and oF c,,,,..
should be reJeci'd,f the confession was msds ,beo
nope OF hl' eternal happiness had been suggest