Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-10-16
SUPREME COURT OPINION.
KSoxvnLE, TnxNEssEz, sEPrEMBER TsRM, 1857
THOMAS H. co1DwrrE, ArronsEr CENTRAL AND anrOnrrA.



MARTIN CRAWFORD vs.. THE STATE.
The gT;o9sr aEsin crewford with others
was naieee IN the Circuit Court Of fer tn
trial st the June Ter 1885, By jury Of the count.
Penitenty for thu period i've years. which he ha
prosecuted an appeal in error 70 this Court.
The facts necessary to be noticed brief and subsan
The homicide occurred in April 1865 and at the time of
preparation the deceased paroed Federal soldier resi-
ding the neighborhood in which it place. The wa,
was near its close and the rebel army which then occupsd
portion this part OF the country the HoIsor
river was about retiring before the Union forces
Tho deceased with several belonging to the Federal
army on the night Of the killing was il appears at ~
James, the south side Of the river
other wise assisting in the funeral services James hoas
stood in the disputed territory and parties rem the opposing
enabled by the strength their respective So
The prisozer private IA the rebel service under the
eide he constituted scouting party Of rebel soldier.
under ne lmmeaate command Of Captain Ross who
pears 20 nave De on the south side Of the river IA the dis
puted territory The distinct elect and purpose h party
ever that they killed three and robbed the house Of an
other during the excursion The proof shows party lad
what pun pose only left to infer The deceased was
there and heard their approach and attempted escape
moraly wounded The others of the party at Jones
house captured and carried away.
the time of the firing much less that actually participated
in the killing otherwise than it appears from his
custody Of the officer.
His Confessions proven to have been freely end vOIun-
4
brought out by the State in the following language The
defendant and two others, arrested with him the
charge stated that they were along the expedition when
Dykes killed. but not present the time. The de-
PENDANT said he was not preenthat be did not want to
with the scout that night and ordered and forced go
by the Captain That they heard before getting to the goose
of jones that his wife had died. and he expected there would
be there and would be killed. and aid
want to have anything to dc do with IT. and getting
poruniy they dropped out about three hundred 5a from
the house. at branch and did go mp until the shooting
over There is other evidence duplicating the prIs
bel scouts" confessions and the case must
principally upon the weight that to be given them
the jury Confessions freely Voluntarily by
accused crime whether made before after apprshen
sion. in the of judicial examination after commit
ment whether reduced to writing not if satisfactorily
against him. unless made when the accused influenced By
threats promises extorted by PAIN made under the in
uence or fear then they cannot be ved as evil
This part Of his Honor charge as it is insisted obnox
b@net of tho whole confession As VIII that which Is against
him. and therefore calculated to mislead the jury.
criminal case mu st be taken altogether ard By parcels If
the part the confession which gees in discharge defend
IL disproved the jury be allowed arbitrarily
reject IL and to go upon the part only which srmnates
The State 2SOl also Hasten Hzen sneed COL
But it, alter the whole statement given in evidence, the
do So and then the whole testimony to the jury
their consideration precisely in other cases where one part
supposed that al the parts OF confession entitled to
equal credit.
The jury may believe that part which charges the prisoner
and reject that which it in his favor, IL they sufficient
grounds fer doing If what he said in his favor not
contradictd by evidence offered by the prosecutor
probable in ITSELF it will naturally be believed by the jury
they authorized arbitrarily to reject it, but still
they bound give it weight that account but
at liberty liberty TO judge Of 1t Ike other evidence by all the
circumstances Of the easel GreeDleafS ". 21S.
Now this resting does, wholly the prisoners
admissions, to nothing Of the rights that might arise
from the fact that he at the time Of she homicide SOL
der in the rebel army and engaged in active hostes
against the armies of the United States entitled him full
exposition Of the law applicable to the ot of the upon
which the verdict of the jury must turn I is enough
criminal involving the life liberty of the accused that
the law of the be partially stated. The accused ant
tied in such such charge the facts Of the
duire and nothing short of that will satisfy the demands Of
justceAlen The State Yer. 45s456. Nelson The
State Swan 1929. Hum. Al.
Not that the verdict would be otherwise in every such
stance if the law had been fully charged but it enough II
might have been different under fall instructions the
jury.
Other exceptions taken TO the charge Of the Court
the ground that the Circuit Judge did the fully
other points, which do not deem necessary
notice. the judgment of the Circuit CSart
and trial awarded the grounds before stated.
A true copy. MILLIGAN,
Test Judge.
NJ. L. Patterson Clerk.