6 La. Ann. 695 | La. | 1851
The judgment of the court was pronounced by
The prisoners were accused of the murder of William Boseman, in the parish of Caddo, on the 7th of December-, 1850. They were tried by a tribunal, composed of two justices of the peace and ten slave owners, residents of the parish where the crime -was committed, were found guilty and sentenced to death. They have appealed.
It is first urged, that the act of the 1st of June, 1846, organizing the tribunal for their trial, is unconstitutional. If so, a serious question would arise, whether an appeal would lie from the decisions of the tribunal to this court.
We have no doubt, however, of the constitutionality of the law and of the tribunal organized by it. The 81st article of the Constitution provides, that justices of the peace shall have such criminal jurisdiction as shall be provided by law.
That the Legislature have the power, under the article of the Constitution cited, to confer the jurisdiction upon the justices of the peace, can no more be doubted than the constitutionality of the exercise of it by the district court. Now, in both cases, the humanity of the law has provided, that slave-owners shall assist these judicial tribunals in the trials, just as juries are provided by the Constitution and laws to assist the courts in the trial of free persons accused of crimes.
So, under the Old Constitution, the judiciary power of the State was vested in a Supreme Court and inferior courts. The judges were all to be commissioned by the governor; and, yet, tribunals organized, as the present tribunal, were always charged with the trial of slaves. This acquiescence in the constitutionality of legislation for forty years is conclusive, communis error fadt jus.
The following bill of exceptions was taken on the trial: “ Be it remembered, that upon the trial of the above named slaves, the district attorney of the Seventeenth Judicial District of this State, in behalf of the State, introduced and offered Samuel Hollingsworth as a witness for the prosecution, who, after being sworn, testified as follows, to wit: That, on the 8th day of December, A. D. 1850, William Boseman, a citizen of this parish, was found dead near a path in the woods, not far from his residence, having been shot with the contents of a gun, viz, four or five leaden slugs ; and that the friends of the deceased, on the next day after the body of Boseman was found, started in pursuit of the murderers with dogs; and, on the second day of the pursuit, after following the trail of the supposed murderers “from the spot where the body was found,” several miles in the direction of Shreveport, they heard that two runaway slaves had, on the second day after the murder, been apprehended near Shreveport, and committed to jail in that place; that some of the company, viz., witness, Foster, Turner and Barton, immediately proceeded to Shreveport, with a view of ascertaining whether the slaves, or either of them, knew any thing relative to, or were guilty of, the murder of Boseman; and, upon their arrival there, was informed that said slaves were at the jailor’s house about a mile distant. They, then, with several citizens of Shreveport, went to the jailor’s house, Joseph Howell's, to see the slaves above referred to, and upon their arrival there, informed the jailor, Joseph Howell, of their business and suspicions. Howell informed them, that the slaves were in a field at work, about 400 yards distant from the house, when they, viz., Joseph Howell, H. S. Howell and witness, went to the field where the slaves were at work: one driving a cart, the other chopping, being a few paces from each other. Howell, the jailor, at the request and suggestion of witness, orderéd them to the house; they, the slaves, went on to the house together, followed, a short distance behind, by witness and the two Howell’s. As they started off and walked on, witness observed to Howell, that he thought it was a plain case, meaning those, he believed, were the slaves that had murdered Boseman, judging from the peculiar manner in which one of .them walked with one of his feet turned out, saying, that the track made by that foot, corresponded with the one which they had been pursuing with dogs. When they had returned to the house and joined the company they had left there, the slaves were separated some forty or fifty steps from each other, in view of each other
To the introduction of which testimony, the counsel for the accused objected, on the grounds, that said confession was obtained by undue influences and misrepresentations, and were not shown to have been voluntary, but obtained, as aforesaid, by the exercise of improper influences; which objections were overruled by said tribunal, and said confessions permitted to be given in evidence against the accused, for the following reasons, to wit:
Because it was considered by the court, that it was clearly proved by the testimony of said Hollingsworth^ that the confessions made, by bothsaid slaves, were entirely voluntary; that when Jonas confessed, no mention had been made to him of the murder, or that any offence was charged to him; that however improper may have been the conduct of Barton to Sam on that day, he was immediately reproved by the company present, and desisted; that Sam was in no fear; that Sam’s confessions were made on the next day, and were then entirely voluntary, as was shown by the testimony of said witness. Wherefore, the confessions of each prisoner were considered competent testimony against himself.
To which ruling of said tribunal, the counsel for the accused excepted, and tendered this bill of exceptions, and prayed that it be signed, and made a part of the record in this case; and it was so done, and signed by J. C. Beau, J. P.
The true ground upon which confessions, extorted by violence or induced by promises, are excluded as evidence, is, that the violence and hope destroy all confidence in the confessions. In favorem rñtce, too much strictness has been observed on this subject as to free persons. Upon true principles, the objections should go rather to the credit of the confessions than to their admission as evidence. We are not prepared to say the same strictness should be observed, so
The judgment of the special tribunal for the trial of the slaves, is therefore affirmed. And the two magistrates, or either of them, if in commission, or the sheriff, if they are not, is ordered to fix another day for the execution, the day already fixed having passed.
But we would recommend, that the day fói-the execution of Jonas, be fixed at'a period sufficiently remote, to enable his owner or friends, if he has any, to lay his case before the Executive and Senate, as possibly, under all the circumstances, it might be deemed advisable to commute his punishment.