The Indianapolis journal., 1902-09-23
APPELLATE COURT
RECENT LEGAL OPINIONS.
Criminal Law-Confessions.-


Where an officer having a prisoner in
custody said to him, You have been tell
ing me pack of lies; now you had better
tell the TRUTH, whereupon the prisoner
made confession, ii was held that the con-
fession was involuntary and ii was error to
admit II in evidence and TO submit to the
jury the question whether or not it was
voluntary. Under the law as properly ad-
ministered a confession, IL forced, cannot
be used against a person charged with the
commission of crime. The sweat-box meth
cd of obtaining confessions to be used
against the parties making them Is not
sanctioned by the court The court said
that words of exhortation to a confession
seemed often to be innocent enough, and
cited the following. all of which had been
held sufficient to vitiate the confessions:
'Yau are under suspicion, and you had bet
ter tell all you know" 1T would be better
for you to speak out" You had better
tell all about it."-[west VS.. United States,
Court of Appeals. Dist. of Columbia.1
Husband and Wife-As Viewed by Diff
ferent Courts
A husband is not guilty of desertion when
his wife rents his room to a boarder and
crowds him out of the house.-(153 Pa. ST.,
1901
There is no rule of law that will enable a
husband to annul the marriage contract on
the ground that his wife has a swollen
tongue or Inflammation of the bladder.-[26
N. Y. Supplement, 1884,
However desirable it may be that holy
act of parties bound in wedlock, the courts
do not undertake to definite the depth or
wealth of that affection or to prescribe the
manifestations of it at all.-(Judge Bird. in
IL Atlantic Rep. New Jersey, 1851
Marriage is discipline we'll as de-
light.-[Judge Durfee, in r. l., 559l
Attorney and Client-Agreement to Carry
on Litigation
An attorney entered into a written agree
ment with number of merchants and
mercantile firms
all needful proceedings to recover certain
duties on importations levied by the United
states. The agreement was not only to
advance money, but to carry on the suits
or actions at the expense of the attorney
himself, for which he to receive a GER
tain compensation. He was thus promot-
CURED by his clients therefor. Held. that
the agreement between the attorney and
his clients was unenforceable.-[Stedw
late Division, First Department.
-Societies-Expulsion of Member
Under the constitution of society pro-
viding. on preference OF charges against a
member. for trial by a committee, report of
its verdict; and the pronouncing of judg-
ment on the verdict, and fixing a penalty
by the society, two-thirds of the ballots
cast being necessary for expulsion. a de-
cree of a court adjudging judgment of
that a majority voted for expulsion, does
not affect the verdict of the committee or
prevent the society thereafter voting for
expulsion.-[69 Pacific Rep. California,
Judge Cray, 90S.
-Shipping-Control by Majority
The right of ma ajority in interest Of the
owners of a vessel to control it's manage
ment Is charged with the duty to retain
and exercise 1t not only for the benefit of
all the owners but others whose property
and lives may be involved; and an agree
ment to surrender such control permanent
ly or indefinitely is inconsistent with the
trust which the law implies and imposes.
Such contract is void as against public
policy-[52 Atlantic Rep. Maine, Judge
Peabody, 910.1