¶1The principal evidence against the defendant was his confession. The admissibility of evidence of this confession is the only question which we need consider.
¶2The facts necessary for a full understanding of the circum*180stances under which the confession was made, are as follows: The deceased was missing on the 19th day of December, 1872, and he was found dead on the afternoon of the following Sunday. On Thursday, December 26th, at seven o’clock in the evening, Andrew Watts, sheriff, and Enos Cahill, deputy sheriff of Greene County, arrested defendant, at his residence, for the murder, and took him a distance of eight miles, to the depot of the North Western Railroad, in Scranton. That night the depot was broken open by a-mob of about forty men, some of whom were armed, and the defendant was forcibly taken from the custody of the officers.
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¶4"Whilst his confession was being written -down the parties present kept interrupting him. Jack Gray kept referring to the statement at the school house, and saying, “ that is not the way you said it there; what we want is the truth.” Gray was for keeping the statement as made the night before, and “ every once in a while he would dictate for defendant,” and would say, “ you know what you told us.” Defendant would say he had forgotten, and conform the statement to the suggestions.
¶5This confession, and the one made at the school house, the court excluded.
¶6On the Monday following, defendant was taken to jail at. Marshalltown. Some time in the latter part of February, McPherson and McCready visited defendant in the jail, for •the purpose of learning more respecting the Hamilton boys. They remained with him, alone most of the time, for eight or *182ten hours, the jailer being inja little time toward evening. At this time, the evidence shows, they explained to defendant why they had not bailed him out; they promised to stand by and protect him. McPherson told him they would stand by him and protect him from the rest of his colleagues; that he had been to see the Governor; and something was said about getting up a pardon. The evidence shows, also, that at this time the defendant was free from excitement. At this time the defendant made a statement, which was admitted in evidence, and which, in the language of the witness McPherson, is as follows: “ In Marshall he told me that he fired the signal gun to let his brother know Charles Kendall -had crossed the river, and after he had fired the signal gun he heard a shot up the river, and started and walked up the river until he inet hifc brother coming down the river; they stopped, had a little conversation about what he had done, and then turned and walked to the body — to where Charley’s body lajq.and he stated that he walked within a few feet of it, (if he stated how close, I disremember,) and looked*at the body lying there; and then they turned and walked down the river again together, to pretty near the mouth of Cedar creek, I think, as near as I can recollect. And there they parted, and Alva Chambers; his brother, went up Cedar creek, and he came down the river home to his own place. I asked him if there was anybody else connected with it, and he firmly protested that there was none else connected in the crime but himself and brother. He stated about going to Kious’ for pop-corn after he got home; I think is what he sajd.” The evidence also shows that this statement does not differ from the one made at Scranton.'
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¶8It is clear, beyond any question, that the confession made at Scranton, was properly excluded. Not only were the strong*183est inducements to expect favor and assistance held out to defendant, by the sworn deputies of the sheriff who had him in custody, and were in the exercise of authority over him, but they constantly interrujjted him in his statements, and by their interference and dictation they caused him to make it conform to one he had made the night before in the hands of a mob, and stimulated by the presence of a rope.' All the circumstances surrounding this confession exclude the idea that it was made freely and voluntarily, and remove all probability of its truth.
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¶10Where such second confession is offered in evidence, it must clearly appear that the influences under which the first was made have ceased to operate. Nothing but the mere lapse of ten months time, during the whole of which the defendant was eon-fined in jail, is shown in this case. The defendant was told, at the time he made the confession at Scranton, that it was admissible in evidence against him. He was not informed at the time of making the last confession, that the former one was not admissible. If he had been so advised he might have refrained from making any further confession. But believing the first confession admissible, the strong probability is that he concluded a repetition could make the case no worse, and that the last confession was made under the influence of the preceding one. Further, there is nothing to show that the assurances of friendship, and the promises of protection and aid were not still operating upon, and influencing his mind. It is true he was advised that they could not bail him out, but other promises of assistance and support had been made, and he was not informed that these promises would not be kept. It is to be borne in mind that the last confession was made to McPherson, the leader of the mob, and one of the most active in procuring the confession at Scranton, and to McCre'ady, another of the “forty.” Even at the last interview McPherson explains *184why they had not bailed him, assures him they will stand by and protect him. Speaks of a visit to the Governor, and inspires his hopes by mention of a pardon. We are well satisfied, from the whole record, that the last confession was made because of the former one, and under the same influences that produced it. It was therefore inadmissible, and should have been excluded from'the jury. See Roscoe’s Criminal Evidence, page 43, and cases cited. 1 Wharton’s Criminal Law, section 694, and cases cited.
¶11Reversed.