The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1914-10-29

pc. by law brought before him In his
capacity ss .hsii make t any psat,eSi sn
! nomination or appointment. shall for
felt his office and be forever disquali-
ned 20 hold any public office, trust or
laws OF this state. and shall be pun
ished by Imprisonment I'm the state
prison not more than 10 years or by
lars. and imprisonment in the county
! jail not less than one year
J have been asked 10 define the use
OF the term corruption IL Is held to
| person who unlawfully and wrongfully
| uses his station or character TO procure
some benefit for himself or another
Bribery Is defined to be the giving
OF anything OF any value TO any person
holding public office, or any person
performing public duty. or the ae-
certance thereof by any such person,
with the intention that he shall be In
fue need thereby In the discharge OF
Your duty. under the evidence, il
| quite simple II you believe from the
evidence admitted, beyond a reasonable
doubt, that the defendant. Thomas e.
state contends. from the witness Burns
or Brennan, the sum OF money testified
, to as being paid TO him. as a bride or
q reward for his service in voting upon
the Wabash agreement, as claimed by
the state. no matter when made or
whether AZ was for service rendered or
20 be rendered according TO the al
legged agreement or understanding be-
tween the defendant and W. y. Burns
or Brennan. time not being of the es-
| sence OF this crime, and that for such
lwarded. then the defendant Is guilty
l of bribery as charged, and IL Is your
duty to so adtudge him.
The testimony which rs claimed 70
kinds or classes; first. being afrrma-
tive. positive testimony such as that
given by the witness Burns or Bren-
nan. and any corroborative testimony
OF a similar character: and secondly,
testimony as TO defendants alleged
confessions and admissions.
there can be none better In a criminal
trial, except solemn sealed instruments
and the testimony OF judgments OF
IL YOU believe in its reliability and
truthfulness beyond a reasonable doubt
IL VIII be your duty 10 md the de-
PENDANT guilty as charged in the infor-
As to the second class, known TO the
Jaw as confessions In criminal cases
and admissions In civil cases, IL Is not
character. nor at all of a very high or
der, by reason OF the circumstances
under which 1t is generally obtained.
ments srl oertu q snrrounded as
read, by antagonistic officials, the ele-
ment or hope suggested and coercion
Implied, such testimony should De rig
ment, participated in by all, parucu-
larry the accused. making him, whether
guilty or innocent. rambling OF speech
a confession can be given any cre-
lily obtained or given. And this, too.
ercion applied or threatened. or in any
wise inspired by fear In other words,
Ii must be the defendants free and
In YOU believe that the testimony.
tending TO show that the defendant ad-
mItted the receipt of this money as
the record OF his infamy, and did IL
freely and voluntarily. without any In
ducement. after being warned; IL you
should find from all the evidence that
he was warned, and that whatever
would be used against him on his
trial then you are warranted In using
that testimony, giving such weight TO
y as you t shinK eh nnan TO- ai nn or
you may use IL In conjunction with
the direct testimony already referred
TO. But in Judging the weight of testi-
may fairly consider the time and the
place and the circumstances UNDER
which II was given, and the manner
trouble and worry the defendant was
laboring under at the time. II any.
II Is the claim Of the prosecution
THAT the 81 To. Sh sad apcn ri.
person the claimed fruits OF the Grim
lnal act and bribery. Under such cir
cumstances the defendant should nave
been held to bail and permitted TO give
the same as early az he could he
should have been permitted 10 see Ms
friends and TO apprise them OF MS
ants right under the statutes OF this
state, and has been the right Of all
English speaking people for hundreds
ask You have a right to take under
consideration, why the respondent IN
this case was not taken at once TO the
county jail at the time the state claims
he had upon him the proofs OF the
crime he Is charged with having COM
mitted In considering the question OF
whether the alleged confession OF the
defendant was voluntary or invoiun-
The holding OF the defendant in room
4os while justifiable, perhaps, did not
Justify the taking of the defendant TO
The prosecuting attorneys ofnce Is In
no sense a public jail. Neither was
Defendants detention until near mid
night tustihable III IL was for pyro-
technics or melodrama, the subject and
the time were very Unsolicited, as the
supreme court of this state has stated
upon numerous occasions.
1 charge you that " you believe, In
addition, that this defendant was har-
raised by anxiety as 10 his future con-
dition, or as to that or any member
defendant said II actually transmitted
to you from the witnesses. you may
consider that circumstance In determ-
lining what weight you viii give the
testimony termed Confession" as
whole.
ruptly took this money for the alleged
services, and for his service and vote
upon the Wabash legislation. then
there Is no question under the evidence
but what IL was bribe
II charge you, that before you can
take into consideration the defendants
alleged statements or confessions, you
must find beyond reasonable DOUBT
that the alleged confession was purely
voluntary and made freely OF the de-
OF favor or fear OF the consequences,
or AZ il a rule OF law that no induce
ments OF any kind may be held out by
an officer OF any person In authority or
anyone representing authority, TO an
The accused may make n statement
hoping thereby TO gain favor or escape
punishment; but for that reason IL Will
not be rejected IL " Ii voluntarily
made IL Is only when statements are
drawn out by some artihce. promise or
threat which induces the hope. OF bene-
AZ. or acts upon the fears OF the ac-
cused or made under compulsion. that
the law precludes their being used as
admissions Hence. ! charge you that
the burden OF proof Is upon the people
TO show that such statements or con-
LESSONS as relied upon by the people
were made voluntarily.
II is the duty OF the court TO deter
mine. in the first place, whether such
made as TO be admitted at all in evil
dence This evidence the court has