The appellants were tried for murder, and found guilty. The appellants appealed. The confessions of guilt, made by the appellants, were objected to on the trial, as not having been voluntary, and instead having being made through improper influences on the prisoners. It appeared that Nelson had confessed to the overseer of the plantation, who told Nelson previously that it would be better for him to tell what he had done. Only such confessions, uninfluenced by either hope or fear, can be given in evidence against the accused. As Nelson was induced to confess by a person with authority over him, the confession was not considered to be voluntary, and was rejected. With regards to the slave Nelson, the judgment was reversed, and the cause was remanded for a new trial. The judgment concerning the slave Edwin was affirmed, as his confessions were repeated and voluntary, with no inducement offered to him to confess. Although it was objected that there was no other proof supporting the confessions, such questions of insufficiency of proof could not be presented to the appellate tribunal, and could only be presented in bills of exception to the charge of the inferior judge.
Electronic reproduction. Marlborough, Wiltshire : Adam Matthew Digital, 2007. Digitized from a copy held by the Louisiana and Special Collections Department, Earl K. Long Library, University of New Orleans.
Location of Originals
Louisiana and Special Collections Department, Earl K. Long Library, University of New Orleans
Copyright Note
Material sourced from the Louisiana and Special Collections of the Earl K. Long Library, University of New Orleans
