36 S.C. 524 | S.C. | 1892
Lead Opinion
The opinion of the court was delivered by
The defendants were indicted for the murder of Charles Jenkins. The indictment contained two counts, the first charging that the death was caused by drowning, and the other that it was caused by a wound from a certain knife
It seems that the deceased, Jenkins, and the defendants were young colored men — mere lads — and that they were brought together as servants, waiting on different families at a pic-nic on the banks of the North Edisto River, on June 6, 1891. That about 12 o’clock in the day Jenkins was missed. The defendants came up from the river about that time, and upon being asked where Jenkins was, they replied that they did not know; and after a little while one of them said that Jenkins, complaining of a headache, had gone towards the camp of the men working on the South Bound Railroad. As Jenkins did not return, search was made, and four days after (June 10) his body was found floating in the bend of the river, some distance below where the pic-nic was held. It exhibited a contused wound above the left eye, a fearful gash in the lower part of the abdomen, which must have been made with some sharp instrument, and, as the physician thought, affording evidence from its condition, that death had been caused by “drowning.” As the defendants were last seen with the deceased, suspicion of foul play attached to them, and they were arrested and carried to the railroad camp above referred to, where they were tied to a tree and guarded until the next morning. During this time successive efforts were made to induce them to confess, but .they refused to do so, saying that the last thing they saw of Jenkins on the day of the pic-nic he was going towards the camp, complaining of headache. No threats in direct terms were made against them, but the following and similar remarks were made to them : “You black scoundrels, you ought to be hanged; and 1 feel like doing it, and it ought to be done,” &c.
The next morning the accused were taken down to the river, where the body was, and the jury of inquest was summoned to meet. Something of what occurred then appears from the testimony. Daniel Dover testified that “we tried to get them (the boys) to confess the evening before, when we arrested them, but they would not. * * * Next morning, while J. R. Dover and myself were talking about the jury coming to hold the inquest at the river, witness said you had better come out and tell the
The acting coroner at the trial identified the written statements referred to, and testified that, “after examining the witnesses for the State, he told the defendants they could make statements if they desired; that I would take it down, but they need not do it. ■ I told them they need not expect any reward or favor if they made a statement. Both Carson and Smith then made statements, which I have taken down. I do not think either of them knew what the other said, as I took the statements down separately.” Defendants’ counsel objected to the admission of the statements, on the ground that they were really not confessions at all, and, if so, that they were not free and voluntary; that in case of each defendant, his statement could have no other effect than to influence the minds of the jurors against the party other than the one making the statement; that there was not one word of acknowledgement or confession of guilt on the part of the person making the statement; that these statements could not be used against'the party not making them.
The judge ruled: “This paper contains the statement of the prisoners with reference to the facts and circumstances of this
Statement of Henry Smith. — Being first warned not to implicate himself, neither to expect favor or reward, says: “Me and Eddie were in washing at Pond Bluff. We were in by ourselves for a while. Charley Jenkins came to us and pulled off and came in. He kind of played about in the water, and while playing in the water Eddie cut him with a knife, and struck him with a root on the side of the head. After floating down the river a little piece he sank. I called to Eddie to help me catch him. He stood on the side of the bank, and I kept calling to him to come on, but he would not help me. I asked Eddie afterwards why he didn’t help me, and he said if I had come he would have drowned himself. Eddie Carson said before Charley Jenkins came into the water that he would like to get Jenkins off so as he could give him hell. his
“(Signed) HENRY W SMITH.” mark.
Statement of Eddie Carson. — Eddie Carson being first warned not to implicate himself, and not to expect any favor or reward, says, “that he was at Pond Bluff on 6th June, 1891, in company with Charles Jenkins and Henry Smith. Was in washing down below the bluff. While I was on the opposite side from them saw Charles Jenkins and Henry Smith in a tussel in the water, and saw Jenkins when he came up the last time. This happened before dinner ; never told Smith I wanted to give him hell for getting between me and a girl; never saw any pistol in Plenry Smith’s clothes when he pulled off.
“(Signed) E. D. CarsoN.”
The judge was requested to charge: “First. That in order to convict the defendants, or either of them, the jury must be satis
It is true that a confession of one of two or more defendants,
We foil to see in the case anything to justify the remark that the statements were made “at the instance of the defendants themselves.” On the contrary, it seems that they were very reluctant to make statements. It is true that each of the statements written by the coroner commence with the remark that the party (naming him) “being first warned not to implicate himself, or to expect any favor or reward,” &c. That, of course, had reference to the moment when the papers were signed. But the whole evidence discloses that, from the time of their arrest until the papers were written, the defendants were approached by numerous persons, including some on the jury of inquest, and begged to confess. They were told that it would be better for them to tell the whole truth about it, that they ought to be hung, but that they did not know what the jury would do when they took the body of Jenkins out of the water, &c. We cannot resist the conclusion that inducements of hope and fear were held out to these boys to obtain confessions, and that the effect of these inducements remained upon them up to the time the statements were taken down by the coroner. All the writers upon the subject agree in saying that a confession, in order to be admissible, must be free and voluntary; that it must not be extorted by any sort of threats or violence, nor obtained by any direct or implied promises; nor by the exertion of any improper influence, because, under such circumstances, the party may have been influenced to say what is not true, &c. The alleged confessions in this case were entirely unreliable, as being not only inconsistent, but absolutely contradictory.
The judgment of this court is, that the judgment of the Circuit Court be set aside, and the case remanded for a new trial.
Concurrence Opinion
Judgment reversed.