Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1860-06-27
Mondays Proceedings.

Court met at O'Clock, and after hearing
further testimony, His Honor decided that, as
no influence had been exerted either one way
or the other to extort the confessions of de-
fendant, the evidence, containing her confess
sions, was admissible, subject to the charge of
the Court.
The counsel for Defendant objected on the
ground that, taking all the facts and circum-
stances together, the confessions were not
made in that voluntary manner, and in that
state of mind in which they should be made
to render them admissible. The Court over
ruled the objection, and a Bill Of Exceptions
was scaled.
H.B. SMoope, called.-Wh hen Mrs. Brenne-
man was brought into the Office, asked her
to sit down, and think made the remark that
it was a serious or unfortunate affair. As she
sat down on the end of the settee, she said, 81
am guilty. i then said to her, this is a very
serious charge; you ought not to say anything
that would prejudice your defence. if you have
one to make; that if she desired it, would
commit her to Jail until Monday, when she
could have hearing before the justice that
she was entitled to full investigation and
counsel She replied that she would rather
go to Jail and stay there till Court. / then
said, if you intend simply to plead guilty, you
can do so, and I'l commit You to Jail till
Court. She then stated, that she was the
mother of the child that had been found. ALI
that pertains to the facts were taken down in
writing in my docket as Burgess.
Prisoners counsel ohjec.ing to the confes-
sions being proved by parol evidence, and re-
quiring that the confessions in writing should
be produced, because the writing is the best
evidence, the witness brought in his docket !;
when prisoners counsel objected to the dock
ct being given in evidence, on the ground that
it is minute made by an officer assuming au
thority that he did not possess; that the Bur-
CESS has no power as committing magistrate
in cases of this kind that the condition of
mind of the prisoner, under the false assertion
Of authority, renders the oenfession one that
is not voluntary, and hence inadmissible; and
that the prisoners fear of the public gaze in
duced her assent and answers to the questions.
The Court expressed the opinion that the
Burgess had no power to commit the prisoner
officially, but permitted him to use the book
to refresh his memory; the writing being
led out at the instance of the prisoners counsel
III. b. Swoope then testi1ed.-She said the
child was born on Monday night the 18th of
March-that she destroyed it with her own
hands-that George Ncwson was its father.
then asked her if she desired to have George
Newson arrested. She said she did. told
her it would be necessary for her to make an
information; |; that would have to ask her e.
nough questions to draw the information.
then asked her when the child was begotten.
She answered that. then asked her where
answer for considerable length of time. Says
she, must l answer that. 1 replied, that
couldn't write the information without know
ing where it was born. She said in the back
house on her mothers lot, and added to that,
that she had carried it to the river and threw
it in, and that nobody else knew anything a.
bout it. think it proper to state that had
not told her what charge would be preferred a.
gainst her-whetber infanticide concealing
the death of the child. She didn't know from
me the nature of the charge against her. She
made oath to the information and signed it.
A.-I didn't believe all of this confession.
In the first place had been informed of what
had occurred in the house prior to the arrest /;
that after she entered the house, when she
came home, her mother and sisters had long
conversation with her in the dark also about
the time the officers made the arrest, one of
the sisters went into the room and said, Sarah,
we didn't know anything about this, did we
didn't believe it further, because when she
hesitated to answer the question she seemed
to be hunting for reply to make SO as not to
impllcate any body else; and for the further
| reason that knew, having studied medicine,
that woman in her condition could not have
given birth to so large and fully developed a
child with the placenta and membranes attach
ed, in any posture in which size could have
placed herself in the privy without assistance !;
and that she could not, having given birth to
| such child, Immediately carry it to the river
where it was found, and project it 6 or feet
| from the shore. Those were the reasons that
| induced me to believe that the information
| was not correct. had other reasons; because
| there was circumstantial evidence before the
| inquest that induced me to believe that the
child was killed by another party, who was or
| dered to be arrested, but fed. / believed that
| the confession was not totally untrue-that it
was partially cOrrect-that it was made to
| screen other persons. deem it proper to say
| that, having been for day and night with
out food, and being in the condition she was,
mentally and physically, that she was hardly
| competent to do anything, or know what
| she did.
| Joshua S. johnson, sw.--I arrested Mrs.
Brenneman. am constable of this Borough.
| Sheriff Miller was in company with me when
] she was arrested. We went into the room
where she was and spoke to her. The Sheriff
| said to her that he supposed she knew what
We came after. She said she did, that she
was here and that she was guilty. Her sister
then came into the room and said, Sarah, we
! didn't know anything about this, did we? Mrs.
| Brenneman then said, Mono one knew any
| thing about it but myself. She then got rea-
dy and went with US to Mr.. Swoope's office.
| X.-No one went into the room but Mr..
| Miller and myself-the room was up stairs
She was in bed l think she was not dressed
| Stoughton was down stairs-her sisters were
| in room adjoining the one she was in. En-
| tered the house about half an hour after she
| came in, and arrested her. Was about 8 or 4
O'Clock on Sunday morning. Was watching
for her return from about dark. Was on the
the opposite side OF the street. Robert Mitch.
ell, jr., was the only one that know of, who
was assisting to watch. She had been gone
from some time on Friday evening. -Four
others had gone out of town to look for her.
They were, Joseph Burchfeld, Henry Evans
Blake Walters and John Huidekoper. When
arrested, she was crying, nervous and excited