United States v. Charles

Decided June 15, 1813

Indictment for arson. Mr. Lufborough, the magistrate before whom the prisoner was brought, told him there was evidence enough to commit him at all events, and therefore he had better confess the whole truth, and that probably he would fare the better for it. The Court (nem. con.) refused to suffer the confession to be given in evidence against the prisoner.

Decided 1813-06-15

The Court(Thurston, J., absent,)

¶1granted a new trial because the first confession of the prisoner had been made under the impression of fear and hope excited by the observations of the magistrate, (Mr. Lufborough.) And no subsequent confession of the same facts ought to be given against him, according to the law as stated in 2 East, Cr. L. c. 16, <§> 94.

¶2Upon the new trial he was convicted, and pardoned by the President. See the case of United States v. Jacob Bruce, post.