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

the ground Of their not having been voluntarily
made. there must appear to have been held out
some fear of personal injury or hope of personal
benefit of temporal nature, unless the colater-
al inducement be so strong to make it reason
able to believe that it might have produced an
untrue statement u confession.
The court, after 4 brief reply on the part Of
the respondents counsel. remarked that 1t was not
very easy to determine where the line les in re-
gard TO the admiss blity of suah evidence. That
if this was plan to get the respondent to tell
his story for the purpose O. having it confirmed
by being overheard and the iGducemert given
the prisoner was the holding out the offer of aid
to assist him to escape from jail, and he was led
TO make this confession in order to more certain
" secure this assistance from Dumas, then the
evidence should unquestionaby be excluded.
The plan undoubtedly was for Dumas to lead the
prisoner to repeat his story, giving him the i'm
PRECISION that he was TO receive assistance, for
why should otherwise Dumas desire to have him
tell it over to him again. 1t therefore amounted
to substantial inducement to tell it, and for the
special purpose of having it overheard; and
think therefore that the declaration desired of
the witness should be excluded, that is, that por-
ton of it which Mr.. Barton heard while placed
as he was.
Daniel Roberts testiied.-Wth regard to the |
three letters, two Of them were handed me by /
Griffin in presence Of Dumas, and the third by /
Dumas or Griffin | know not which. As to the
Journey to HIinesburgh by Dumas and Griffin,
with search warrant, | advised it and what 1
course to take in regard to it, thinking the mat
ter ought to be looked into. Mr.. r. then propo-
sed to read letters. Respondents Counsel OBJ
iected on the ground that it was not shown in
evidence that they had been written by respon-
dent. Objection oyerrued and letters were read
and admitted in evidence.
BURLNGroY, Jan. 9th, 1863
Dear Father and .N0hcr. am glal to Ter A
you know that | have got one friend in this \
wide world. and That is jerome Dumas want
you to give him twenty-five dollars for TO pay
him to get me out Of this place, and want you
to understand that he is the only one that can
help me 10 get out Of this place | wonll not
try 10 get out from here il it was not for
Mr. Flanagan lie has come to see me and has
be has smugglei q detective from Troy, Y. Y.
to trick me. and that ! tod him it was me that q
,ilel Mr. Russell and he has told so many lies
about that going 70 get out Of jail and get
lway from them, and you need not be afraid 70
ak to him (Dumqs); and | have got it in my
hands and he knows all about my case, aud
Knows whether ! am guilty or not, and | can go
iut any time that want 10 60, and he j. the
lnly one that knows anything about me, and
want you TO get this for him if he can any WAY.
Don { forget % tell father he neel not be afraid
O talk TO him; he is my friend. | won't get out =,
in spring when IL is warm, and want You NOT :
o " tie anything about it when You write, so Mr.
irifHu can hear about it, and ! want You to
end me fine shirt if You can | don't think
f anything more this time This is from IA
Henry " LEONE
Z. $ Don je afraid 10 talk with jerome: "
e knows al about my case and he is the only %
ue that can help NE. and get it for him ii You u
an any way Don't he afraid 10 talk with Je-
ONE lgmas. lie knows more about my case
lln pl the rest Of them, and he is the ouly one 2
bat can clear me 10 this case. There is no one