Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1869-04-23

such cases:
confession is not admissible in evidence
unless it was made freely and rolunta,ilv and
not under the influence of promises or threats
A confession forced from the mind by the fat
tering of hope or thetorture of fear comes in 20
questionable a shape, when it is to be considered
the evidence of guilt, that no credit ought to
be given to it, and therefore it is rejected. The
rule extends to all statements by a prisoner
which may affect him eriminally, though in
terms they charge another person. And is
laid down by Mr.. East ?, P. C. 659, that say
ing to the prisoner it will be worse for him il
he does not confess, or that 1t will be better for
him if he does, is sufficient to exclude the CON-
fession, according to constant experience AIso
in Whites case, NJ. I. 1900; l Phil Ev. III.
The court decided that if confession had been
obtained from prisoner by undue means. any
statement afterwards made by him under the
influence Of that confession cannot be admitted.
The threats or promises must have reference to
some temporal advantage in order to invalidate
a confession.
lie also referred the court to the 2nd Vol.
Leading criminal cases, page 167, which lays
down this rule that in order to render confess
sion by prisoner admissible, the prosecution
must show gfirmatirely to the satisfaction Of
the Judge, that it has not been made under the
influence Of an improper inducement if this
appears doubtful on the evidence, the confession
ought 10 be rejected
He also cited, as additional support of his
position, and showing the opinion of the
court in this State, the case Of State Is. Pallas
Phelps in ! Vt. llG, in which Judge Cola
mer. in his opinion in the case says, that after
all the experience which had been had in Grim
inal Jurisprudence, it undoubtedly becomes
courts to be cautious IN admitting the confes-
sions and admissions Of accused. Even in our
own State, the Bournes were convicted Of muir
der, on full confession, when no one had been
killed. 4 confession must never he received in
evidence where the defendant has been inau-
enced by any threat or promise. The law can
not measure the force Of the influence used. or
decide upon its effect upon the mind of the pris-
oaer' ana IL therefore excludes the declaration,
if any degree Of influence is used e Stark, Eve.
400 We think it safest to err on the side Of
humanity and exclude such confessions.
The court ruled that the statements Of Mr.
Flanagan made thus far. were admissible-to
which ruling respondents counsel excepted.
Direct r,sume9 Welcome said he left his
father Thursday night; went TO Lyman Partch's
where his sister lived staid that night at
Patch's Friday morning he went TO Ferris
burgh station took the train aud went to New
Haven To another Partch's where another sister
3 lived came back FRIDAY night 20 Nergennes
there he stopped over night AZ the Adams House
AFTER he hld put up there lie went down TO the
seiehd cross siteel toward the river and IN
Basement room IN a grocery called for dish Of
oysters got Them went back to the Adams
House ami stayed ia the morning came up 10
Shelauu there he stopped and played with
logs until about one O'Clock from there he
went past Shelturn Falls and stopped in the
orchard 1t Fletcher be found John Cougion
there picking apples and had conversation with
him; while there Mr.. Douglass came up LEFT
there about two o'clock, and went by the road
all the way directly 20 Harry Bussells barn
spoke with no person On the way, but saw two
persons near the Ehhu Russell place these were
the Douglass boys and they were in
wagon, ut Bntolph's Corners; he got
% tie barn about III. and staid over
ui-ht; went into the yard and saw no light in
-he house went 90 back % house, 90 pump, got a
druS OF wlier, found an olt coat lying on
bench near the pump, took It, went into the
barn AMI laid down; he remained there I'LL noon
sunday; then left the barn and went into the
orchard back of the barn; about 2o'cl0ck he
came out ol tie orchard and started on the road
north; saw u0 person 90 speak with till gong
ioWu the lii near the old turnpike, where he
saw 4u lil gentleman lt the door, who called him
up ami talked with him a short time. This man
we afterwards found to be John Barst0w. He
went from there towards College Hill, thence 10
hiIolsEi bridge AID passed through It in the
evening with young man who talked with him
some. tr-a there he went 20 Essex Junction and
stopped ila' night with a Nr. White; the next
morning le went 90 Waterbury and was
arrested lie said be was going TO Mont
peicr o. work 90 pay Col Randall and Du-
rlut. This was all the conversation. lie said
De s'' CD, '-'o4 AZ leFsenles' ana ,ne heAt DAY
went 90 '-I-'ues 70 'ellis -l.e Iil''eI IIoulu
the -ruc-iJ ana maze lAl Iiiles Iespeiung me
young MN Aa,'Hs oeeH '1e'e' AZ ule jail l
asked nin now ne got 'he oiooI on hiin- lie
SAD "hi.e ~ lerseones ana "IHe Tue oysters
were cooking, ms nose began 20 oIeei pfoiuseiy
ASSET u.il u tue men III 'Ae grocery houced
Il Le slli they could not nave heiped- In re
Ply t' ue7'i'n Oh ira Nusssli rs 70 "Iool on MS
,ho1-i-r De sail u was not FERRY Russell by
4--d si--t. ci-eI the attention OF me pro
-Pue,ors oi ihe grocery 10 the matter oil MS hay
ing oech mere anu ht'llS haI nose oieei:
+ nave seen Nele9Ne Ai .nt JAZZ since h.' hus7eu
was WIN me- en- 20 II ISu anu Drought
ID i N1