Ross v. State

Robinson, J., delivered the opinion of the Court.' The prisoner was tried and convicted on'an indictment for the murder of Emily Brown, and the question is whether the confession of the prisoner made to the Marshal of Police was admissible in evidence ? On being brought to his office, the Marshal asked the prisoner where “ he got • the body, that was taken by him to the College, on Friday evening.” The prisoner in reply having denied taking the body to the College, the Marshal sent for Perry who was also under arrest for the murder, and as he approached the doorway the Marshal pointing to the prisoner asked Perry if “ this was the man who brought the body,” to which Perry replied “ yes.” Then turning to the prisoner, the Marshal said “ see, Perry has identified you as the man • who brought the body there, now where did you get it ?” ²⁸⁹ The prisoner then made a statement as to where he got the body, and how much he paid for it, but before he finished it the Marshal interrupted him saying, “You are not telling me the truth, that body was not brought that distance; it was warm when it was brought to the College ; you were there at four o’clock and saw Perry and came back again at six with the body, and the body was warm, now it was brought from somewhere in the immediate neighborhood. This woman lived in your house and you and Perry both lived together with her, and you knew the body; now this woman was not killed up in this yard; she was killed somewhere in the neighborhood of where you live.” Just about this time, the Marshal was called out of the room, and on his return was “ told that the prisoner wanted to tell him all about it.” He then said to the prisoner “ Go on and tell me about it;” the latter hesitated and looking around said I want to talk with Mr. O’Neil, who was the officer by whom he was arrested. O’Neil