SYNOPSIS
Exceptions
from superior court, Worcester county; Henry Wardwell, Judge.
William
M. Bond was convicted of arson, and he brings exceptions.
Overruled.
OPINION
This was an indictment for setting fire to and
burning a barn in Oxford, in said county of Worcester, as set
forth in the indictment which is referred to and made part of
these exceptions. The evidence introduced at the trial showed
that the defendant was a boy 16 years of age, under average
intelligence; and the family physician described him as not
foolish or insane, but what was called in common speech as
"half-baked." The fire marshal, who testified in
the case, who was not qualified as a medical expert, said
that, in his opinion, he was a boy addicted to habits of
self-abuse, and belonged to a class of incendiaries who set
fire from a momentary mania or impulse, which is a freak of
nature, over which they have no control, and which was the
result of the habits and condition of the boy at that age.
The boy had been living with his parents at said Oxford. A
part of the evidence introduced by the commonwealth was a
confession, hereinafter referred to. The circumstances under
which the said confession was said to have been made were
that a summons was served upon the defendant while he was at
the shop of one Chaffee, to go to the fire marshal's
office in Boston, and he went there in company with one
Chaffee, who was also summoned at the same time, with the aid
to the fire marshal, one Scott, who served the summons; that
he went to Boston without the knowledge of his father; that
he asked to see him, and was told by Scott that there was not
time for him to go to see his father before the train left
Oxford. The defendant arrived at the fire marshal's
office at about 3 p.m., where he remained until 5 p.m., when
the following interview took place between him and the fire
marshal, as testified to by the official who was called as a
witness for the government in the prosecution of the case
and in his direct examination by the district attorney he
said: "The Germain fire was called to my attention late
in the afternoon Thursday, October 15th, and I was informed
of the evidence and suspicion against the boy who was in the
waiting room, and I asked him to step into my private office.
I asked his name, age, residence, which he gave me. I saw by
his looks that he was a boy addicted to self-abuse. I said to
him, 'You have been having quite a number of fires in
Oxford.' He smiled, and said they had. 'Now,' I
said, 'I want you to tell me about them, but, before you
do, I want to tell you about the different kinds of fires
that we have to deal with. First. There are a class who set
fires to get the insurance and defraud insurance companies.
Second. There are a class who do it for spite. These people
are a menace to society, and deserve no pity or sympathy.
Third. There are a class, at a certain age, who have a mania
for setting fires without an evil motive; such as women in
pregnancy, girls coming to puberty, and boys of your age and
habits, for whom
I have sympathy. And I take it this fire was one of this
class.' The boy said, 'Do you think that I set the
fire?' I said, 'Yes.' And he said, 'Why?'
And I said, 'No matter.' He said, 'I had nothing
to do with the Chaffee fire.' I said, 'Go on and tell
me about the Germain fire.' The boy said, 'What will
they do with me? Will they send me away?' I made no
reply. [ But upon being cross-examined, the witness said the
reason why he did not reply was that he thought it would
affect the boy so that he would break down if he told him
what he asked.] I then asked him how many matches he used to
set the fire. He said, 'One.' I asked him where he
got it. He said, 'At Germain's kitchen.' I said
'Now, I want to call in some witnesses, and this evidence
may be used against you.' The boy then said he had no
intention of setting the fire when he started, but that, when
he passed the barn, the hay stuck out of the window, and he
lighted it; and that he did it to see it burn for the
excitement. I then called in the stenographer, and dictated
the paper called the 'confession,' the first part of
which I dictated without saying anything to him, to the word
'prosecution'; and then I used my own language, and
after dictating a few words, asked him if it was all right,
to which he replied it was. Then I dictated a little more,
asking him again; and so on until it was all dictated. Then
it was all read over to him again before he signed it, and he
said it was all right. After showing him that it might be
used as evidence in court against him, he signed it, and I
had him hold up his hand and make oath to it before me, and
the witnesses sign it." The defendant, having duly
excepted to the admission of the alleged confession obtained
in Boston under the date of October 15th, a copy of which is
annexed, now praysthat his exception be allowed.
The case was submitted to the jury, under appropriate
instructions, which were not excepted to.
The
following is the confession, viz.:
"I,
William M. Bond, of Oxford, Massachusetts, hereby make the
following voluntary confession, of my own free will and
accord, without hope of favor or reward by reason of my so
doing, and having been fully warned that the same might be
used against me in criminal prosecution: On the evening of
October 11, 1896, between six and seven o'clock, I set
fire to an
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