tance whatever given to a felon, to hinder his being apprehended, tried, or suffering punishment, makes the assister an accessory" (3). 38. Accomplice.] The term accomplice is thus explained by Mr. J. Foster: "The term accomplices taketh in all the particepes criminis, as well in high treason as felony; and in the latter, whether they are considered in strict legal propriety as principals in the first or second degree, or merely as accessories before or after the fact " (4), da vatan va fu 4 Acquittala "An acquittal of a person as accessory cannot be pleaded by him in bar, on a charge against him as principal for the quality and nature of the offences are quite different " (5), (See Pleas insbar of trial, infra.)con maqes A bro Jugoizak e 5Acquittal, Record of.]" It is conclusive evidence that the party has been tried for the offence, and was not proved to be guilty (6). 5 18 If the defendant was acquitted on the trial, these facts can only be proved by the original record, or by an examined copy of the re cord" ((7).(See Record, infra.) 6. Admissions.] "The proof of admission of a fact by a party to the suit has, in many cases, been considered sufficient to dispense with the strict and regular proof, which would otherwise have been necessary" (8). An admission may sometimes be inferred from what has been said in the presence and hearing of a person, without his opposing or contradicting it... The force and effect of an admission must, of course, depend upon the circumstances under which it has been made. In many cases it will be evidence of the strongest kind, if clearly proved: in some it amounts to dittle. A full, and free admission of a debt is, unless satisfactorily explained, conclusive against the party who makes it (9). 73 "An offer, by a party, to pay money by way of compromise, and get rid of an action, is not evidence of a debt, as an admission (10). te" An admission of the signature of an unattested instrument will be evidence against the party, who admits his hand-writing, but not against any other party" (11). The whole of an admission must be taken together, in order to show distinctly the full meaning and sense of the party. Thus. if a person, in making an admission against his own interest, refers to a written paper, without which the admission is not complete, the contents of the paper ought to be shown, before the statement can be used as evidence against the party" (12).—(See Confession, infra.) (3) Blackstone, vol. iv, p. 37. 1 (4) Foster's Disc. 3, Chap. I, p. 341. J 7. 7. Alibi.] An alibi is set up by a prisoner to show his having been in another place, and not where he is stated to have been at the time the crime was committed; and that, consequently, he could not have been the person who committed the imputed actsAmprisoner, when he resorts to it, is frequently without any other kind of evidence and whether he uses it immediately, on entering on his defence, or at any other period of it, it does not preclude him from giving evidence, gene rally, in contradiction to that sworn against him. It is the best of all defences, if true; but if it turns out to be untrue, it is strong presump tive evidence against those who resort to it. L 8. Approvement and Approver.] "Approvement is when a prisoner, arraigned on a capital charge, confesses the fact before plea pleaded, and accuses his accomplices of the same offence. He must also dist cover upon oath, not only the particular crime charged upon him, but all treasons and felonies, of which he can give any information. It is then in the discretion of the court, either to refuse or admit him to be an approver; and if, on his confession, it appears that he was a principal, and tempted the others, he ought not to be received. But if he does not discover the whole truth, or, on the trial of the appeal, the party accused should be acquitted, judgment of death passes against him, upon his own confession of the indictment.m notzaimbs aÀ ...." This practice of allowing approvements, which was at all times in the discretion of the court, is now grown into disuse, and entirely discontinued; more mischief having arisen from false accusations, under pretence of approving, than benefit to the public by the disco, very and conviction of real offenders" (13). @aab rood flow si 9. Articles of War.] The Arts. of War, purporting to be printed by the King's printer, are allowed to be evidence of such articles (14). (See Gazettes.) aulo MA » 10. Character of Prisoner.] " In trials for felony and high treason, and in trials also for misdemeanours (where the direct object of the prosecution is to punish the offence), the prisoner is always per mitted to call witnesses to his general character; and in every case of doubt, proof of good character will be entitled to great weight. The inquiry as to the prisoner's general character, ought manifestly to bear some analogy and reference to the nature of the charge against him. On a charge of stealing, it would be irrelevant and absurd to inquire into the prisoner's loyalty or humanity; on a charge of high-treason, it would be equally absurd to inquire into his honesty and punctuality in private dealings. Such evidence relates to principles of moral conduct, which, however they might operate on other occasions, would not be likely to operate on that which alone is the subject of inquiry; it would not afford the least presumption, that the prisoner might not have been tempted to commit the crime for which he is tried, and is org for bmA 10 zqqilli 19 (2) (13) Phillipps on Evidence, vol. 1, p. 36. (G1) (14) Phillipps on Evidence, vol. i, p. 387. therefore therefore totally inapplicable to the point in question. The inquiry must also be as to the general character for it is general character alone which can afford any test of general conduct, or raise a presumption that the person, who maintained a fair reputation down to a certain period, would not then begin to act a dishonest, unworthy, part. Proof of particular transactions, in which the deft. may have been concerned, is not admissible, as evidence of his general good character. What, then, is evidence of general character? The best medium of proof is, by showing how the person stands in general estimation; proof that he is reputed to be honest, is evidence of his character for honesty, and the species of evidence most properly resorted to in such inquiries. It frequently occurs, indeed, that witnesses, after speaking to the general opinion of the prisoner's character, state their personal experience and opinion of his honesty; but when this statement is ad. mitted, it is rather from favour to the prisoner, than strictly as evidence of general character. In cases where the intention forms a principal ingredient in the offence, a wider scope is allowed. On a charge of murder, for instance, expressions of good will and acts of kindness, on the part of the prisoner towards the deceased, are always considered important evidence, as showing what was his general disposition towards the deceased, from which the jury may be led to conclude, that his intention could not have been what the charge imputes" (15). 4811. Competency.] (See Witnesses, infra.) ‹ 12 Confession of the Prisoner.]" Since an admission is evidence against a party in civil suits, with much stronger reason is the voluntary confession of a prisoner evidence against him, on a criminal prosecution; for it is not to be conceived, that a man would be induced to make a free and voluntary confession of guilt, so contrary to the feelings and principles of human nature, if the facts confessed were not true. The general rule on this subject was very fully considered in a judgment delivered by Mr. J. Grose, on a case reserved for the opinion of the twelve judges; and it seems to be now clearly established, that a free and voluntary confession, by a person accused of an offence, whether made before his apprehension or after, whether on a judicial examination or after commitment, whether reduced into writing or not; in short, that any voluntary confession, made by a prisoner to any person, at any time or place, is strong evidence against him; and, if satisfactorily proved, sufficient to convict, without any corroborating circumstance" (16). い 18. Confession must be voluntary.] "The confession must be voluntary, not obtained by improper influence, nor drawn from the prisoner by means of a threat or promise; for however slight the promise or threat may have been, a confession, so obtained, cannot be received in evidence, on account of the uncertainty and doubt, whether the pri વાં (15) Phillipps on Evidence, vol. i, p. 165. ・・ soner soner might not have been induced, from motives of fear or interest, to make an untrue statement. And if a confession has been obtained from the prisoner by undue means, any statement, afterwards made by him under the influence of that confession, cannot be admitted in evidence.nown 1.1onorad or or vized poult von bijow Jonaq ist el 56 It is not an objection to the admissibility of a confession, that it was made by the prisoner after an admonition from a stranger, that he ought to tell the truth, although the admonition was in the presence of a constable, to whom the confession was afterwards made. Nor iş it an objection, that the confession was made under a mistaken suppo sition, that some of the prisoner's accomplices were in custody; not even though some artifice has been used to draw him into that suppositioni Nor is it any objection to a confession, made before a magistrate, that the prosecutor, who was present, first desired the prisoner to speak the truth, and suggested that he had better speak out, provided the magis trate or his clerk immediately checked the prosecutor, desiring the prisoner not to regard him, but say what he thought proper eqis Voluntary confessions before magistrates have been in some cases objected to, on account of some promise of favour having been made to the prisoner, before he was taken into the presence of the magistrate." (17),25 or but od vein, un his nunkwr, 1,5ea8799b 9ắt brow "But where it appeared that a constable told the prisoner, he might do himself some good by confessing; the prisoner afterwards asked the magistrate, if it would be any benefit to him to confess on which the magistrate said, he could not say it would, and the prisoner then des clined confessing; but afterwards, on his way to prison, he made a confession to another constable, and he confessed again in prison to another magistrate; the judges were unanimous in holdings that the confessions were admissible în evidence, on the ground that the ma→ gistrate's answer was sufficient to efface any expectation, that the constable might have raised." (18) 14. Confession should be taken in Writing. Parole Evidence of ad mitted, if it be proved not to be in Writing.]" Parole evidence of the prisoner's statement before a magistrate ought not to be receivedy until it is clearly shewn, that the statement has not been reduced into writing; for the statute of Philip and Mary, after directing the magisti trate to take the examination of the prisoner, as well as of those who bring him, expressly enjoins him to put it in writing. The propriety of committing the examination to writing, instead of leaving it to the uncertain memory of surrounding witnesses, cannot be too strongly impressed on all who are entrusted with such judicial powers. It is also of the utmost importance, that the confession should be com mitted to writing with the most scrupulous attention, and, as nearly as can be done, in the very words of the prisoner." nebb fogonskivs 15. Confession if taken on Oath cannot be received.]" The informations against the prisoner before a magistrate are to be taken on oath : the account given by the prisoner ought to be taken without oath. If the prisoner has been sworn, his statement cannot be received; and if the written deposition of a prisoner purports to have taken on oath, evidence is not admissible for the purpose of showing, that, in point of fact, he was not sworn.” (19) 16. Confession not to affect other Prisoners.]" The confession is evidence only against the person confessing, not against others, although they are proved to be his accomplices. It was resolved by all the judges in the case of Tong and others, on an indictment for high treason, that confession by one of the prisoners was evidence only against the party himself who made the confession, and could not be made use of as evidence against any others, whom, on his examination, he confessed to be in the treason." (20) " If the confession is not in writing, the whole of what the prisoner said must be fully stated, although it may happen that some part of it concerns other prisoners who are tried on the same indictment: in such a case it is not possible to to make any selection; for until the evidence has been heard, it cannot be known what it is, or to whom it relates; and all that can be done is to direct the jury not to take into their consideration such parts as affect the other prisoners. But a distinction might perhaps be made in this respect, in case the confession has been reduced into writing, if that part which relates to the other prisoners is capable of being separated and detached from the rest, and can be omitted without affecting in any degree the prisoner's narrative against himself.” ́ 17. Confession made by Prisoner leads to Discoveries.] "It has been determined by the opinion of all the judges, that although confessions, improperly obtained, are not admissible, yet that any facts, which have been brought to light in consequence of such confessions, may be properly received in evidence. Thus where a prissoner was charged, as accessory after the fact, with having received property knowing it to be stolen, proof was admitted of the property being found concealed in the prisoner's lodgings, although the knowledge of the fact had been gained from an inadmissible confession." (21) 18. Confidential Communications.] "Confidential communications between attorney and client are not to be revealed at any period of time-not in an action between third persons nor after the proceedings to which they referred, is at an end-nor after the dismissal of the attorney." (22) 19. Nor of Interpreter or Agent.] "A person who acts as an interpreter, or agent, between an attorney and his client, stands precisely in the same situation as the attorney himself; he is considered (19) Phillipps on Evidence, vol. i, p. 106. as |