Ross v. State

• Decision Date: 21 June 1887
• Citation: 10 A. 218,67 Md. 286
• Parties: ROSS v. STATE.
• Court: Maryland Court of Appeals

10 A. 218

67 Md. 286

ROSS v. STATE.

Court of Appeals of Maryland

June 21, 1887

Appeal from the criminal court of Baltimore.

Wm. S. Bryan, Jr., and Charles A. Boston for appellant.

Atty. Gen. Roberts, for appellee.

ROBINSON J.

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?" 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 this 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 and the prisoner went into an adjoining room, and, returning a few minutes afterwards, O'Neil said to the marshal, "He wants to tell you all about it." Thereupon the marshal, turning to the prisoner, said, "Go on now, if you want to make your statement;" and the prisoner then made the confession offered in evidence. Now, in all this, it does not appear that any promise or inducement or threat or...