The river press. [volume] (Fort Benton, Mont.) 1880-current, 1907-07-03
WEDNESDAY, JULY J. 1907.
CONFESSION MAY NOT CONVICT

Positively denying any attitude Of
contempt for that high judicial tribun-
al, the supreme court Of this state, but
confesse6ly urged to these reflections
by a recent decision of tn at court, we
are moved to cay that a notable safe
way Of evading the penalty OF murder
is to make a full confession Of the
crime, for it will happen nine times
out OF ten that some laundering court
of trial, or an impetuous states at
t0rney, or a stupidlthough earnest and
honest jury, will jointly or severally
commit or join in committing some
legal faux pas tn atIwill, when reviewed
by competentIs authority, upset the
whole procedure hitherto had and un-
joint and distribute to their usual
limbo all the ascertained facts in the
case. For it would seem that there is
ore ceremony to be observed in TAX.
ing in a legal names the confession
Of a murderer, than there is in getting
in and Out OF the royal presence.
Young Sherman oflLewistown, who
Was tried and found guilty OF q most
brutal and thoroughly premeditated
murder, and who confessed only after
the tolls OF Ccircumstsntial evidence
had surely brought the crime home to
him, hos been granted a new trial by
the supreme court on the purely tech
nicsl ground Of informally in the
taking OF, and use OF the confession,
10 the trial. 1t is Of email import TO
examine and discuss what was done
In this regard that should not have
been done, or what was omitted that
should have been done. These details
r for officials, who have to do with
the taking and hearing Of such con.
fessione, to study. The point that in.
terests the large public Is that q muir.
derer, whose crime was Of q nature to
astound and inAame the whole com.
uunity and who sought In divers
ways both by accusation and sugges.
ton, to throw the crime on innocent
men who were his friends and neighors,
having finally confessed 10 detail and
to an extent that not only confirmed
the circumstantial evidence obtained
but left no doubt 10 the mind OF any.
0ne-not even his mother of his ab.
solute guilt, is given, through the
stern regard for justice moving the
supreme court, another trial: another
chance TO 60 free. II it was impos.
sible TO hang Sherman Al his first iris al
because of the great sympathy left for
his parents. it is almost certain that a
second trial will materially mitigate
the sentence pronounced at the first,
which was Imprisonment, for life.
The natural presumption 0! the in.
dividual not learned in the law is,
that when a person confesses to the
commission Of a crime, it may be &C.
cepted prim a~.iacielthst be is guilty: and
of the confession fife the unexplained
but known features Of the case like a
glove, the presumption is confirmed.
Indeed, no onelever feels wholly eat.
isied with 3 conviction in . capital
case that is Observation-Disclosures
evidence, unless that conviction in.
duces q confession, and the making OF
. confession 10 and must always be
accepted as the breaking down of q
criminal underline weight OF accusing
evidence. In one sense or the other,
either as the voluntary act Of q re.
pentapt criminal or wrung from him
by the appalling weight Of GRIMM ating
circumstances, il is the peoples
guerdon Of victory won and should
not be lightly regarded. We speak
not bow o! confessions lightly made
by feeble-minded or criminally am.
bilious persons, the falsity OF which
is generally made apparent before
reaching ground that would be dan.
gerous for the person making them.
but OF confessions that follow known
crimes so closely as to bear the unde.
piable stamp OF truthfulness. These
should not be lightly cast aside in the
laudable pursuit Of splitting legal
hairs. Al least that is the conviction
of those who look to the law for pro.
Observation-Disclosures Journal.