State v. Carson

• Decision Date: 04 July 1892
• Citation: 15 S.E. 588,36 S.C. 524
• Parties: STATE v. CARSON et al.
• Court: South Carolina Supreme Court

15 S.E. 588

36 S.C. 524

STATE v. CARSON et al.

Supreme Court of South Carolina

July 4, 1892

Appeal from court of general sessions, Orangeburg county; J. B KERSHAW, Judge.

Eddie Carson and Henry Smith were convicted of murder, and appeal. Reversed.

H. H Brunson and Abial Lathrop, for appellants.

W. St Julien Jersey, for the State.

McGOWAN J.

The defendants were indicted for the murder of Charles Jenkins. The indictment contained two counts, the first charging that the death was caused by drowning, and the other that it was caused by a wound from a certain knife or sharp instrument both counts charging the defendants jointly as principals. It seems that the deceased, Jenkins, and the defendants were young colored men,--mere lands,--and that they were brought together as servants waiting on different families at a picnic on the banks of the North Edisto river on June 6, 1891. That about 12 o'clock in the day Jenkins was missed. The defendants came up from the river about that time, and, upon being asked where Jenkins was, they replied that they did not know, and after a little while one of them said that Jenkins, complaining of a headache, had gone towards the camp of the men working on the South Bound Railroad. As Jenkins did not return search was made, and, four days after, (June 10th,) his body was found floating in the bend of the river, some distance below where the picnic was held. It exhibited a contused wound above the left eye, a fearful gash in the lower part of the abdomen, which must have been made with some sharp instrument, and, as the physician thought, affording evidence, from its condition, that death had been caused by "drowning." As the defendants were last seen with the deceased, suspicion of foul play attached to them, and they were arrested and carried to the railroad camp above referred to, where they were tied to a tree and guarded until the next morning. During this time successive efforts were made to induce them to confess, but they refused to do so; saying that the last thing they saw of Jenkins, on the day of the picnic, he was going towards the camp, complaining of headache. No threats, in direct terms, were made against them; but the following and similar remarks were made to them: "You black scoundrels, you ought to be hanged, and I feel like doing it, and it ought to be done," etc. The next morning the accused were taken down to the river, where the body was, and the jury of inquest was summoned to meet. Something of what occurred then appears from the testimony. Daniel Dover testified that "we tried to get them (the boys) to confess the evening before, when we arrested them, but they would not. *** Next morning, while J. R. Dover and myself were talking about the jury coming to hold the inquest at the river, we said, 'You had better come out and tell the truth about the matter.' We did not say that the jury would hang them, but that we did not know what the jury would do, when they took the body out of the water," etc. Davis Austin testified that he was summoned as one of the jury of inquest; that, knowing both of the boys, he insisted on their telling about it. "I offered no inducements to them, except to persuade them to tell the truth; telling them the advantages and disadvantages, to the best of my ability. After we drew the body to the land, two or three jurymen would take them off a piece, and ask them to confess. This is the time I explained to them "the advantages and disadvantages of telling the truth." "It was after this the statements taken down in writing were made. Smith did not acknowledge that he did it, but he told on Carson. I told them if they were tried it would be proved on them, and they would be hung. The way they conflicted with each other led me to persist with them. I saw the way they conflicted they were certainly guilty. I had my talk with them before they made their statements, which were taken down in writing by the acting coroner." The acting coroner, at the trial, identified the written statements referred to, and testified that, "after examining the witnesses for the state, I told the defendants they could make statements if they desired; that I would take it down, but they need not do it. I told them they need not expect any reward or favor if they made a statement. Both Carson and Smith then made statements, which I have taken down. I do not think either of them knew what the other said, as I took the statements down separately. Defendants' counsel objected to the admission of the statements, on the ground that they were really not confessions at all, and, if so, that they were not free and voluntary; that, in case of each defendant, his statement could have no other effect than to influence the minds of the jurors against the party other than the one making the statement; that there was not one word of acknowledgment or confession of guilt on the part of the person making the statement; that these statements could not be used against the party not making them. The judge ruled, "that this paper contains the statement of the prisoners with reference to the facts and circumstances of this matter, after being warned of the effect of it, and made at their own request. I cannot exclude the paper; but I will say to the jury that where two persons are on trial, and one makes a statement which charges the other with crime, it is not evidence against that other. It is evidence against the party making the statements, but not against the other man. With that instruction to the jury, the solicitor may read the statement if he desires." Defendants excepted. The solicitor then read the statements to the jury, as follows: "Statement of Henry Smith: Being first warned not to implicate himself, neither to expect favor or reward, says: Me and Eddie were in washing at Pond Bluff. We were in by ourselves for a while. Charley Jenkins came to us, and pulled off and came in. He kind of played about in the water, and, while playing in the water, Eddie cut him with a knife, and struck him with a root on the side of the head. After floating down the river a little piece he sank. I called to Eddie to help me catch him. He stood on the side of the bank, and I kept calling to him to came on, but he would not help me. I asked Eddie afterwards why he didn't help me, and he said if I had come he would have drowned himself. Eddie Carson said, before Charley Jenkins came into the water, that he would like to get Jenkins off so as he could give him hell. [Signed] HENRY x (his mark) SMITH. Statement of Eddie Carson: Eddie Carson being first warned not to implicate himself, and not to expect any favor or reward, says: That he was at Pond Bluff on 6th June, 1891, in company with Charles Jenkins and Henry Smith. Was in washing, down below the bluff. While I was on the opposite side from them, saw Charles Jenkins and Henry Smith in a tussle in the water, and saw Jenkins when he came up the last time. This happened before dinner. Never told Smith I wanted to give him hell for getting between me and a girl. Never saw any pistol in Henry Smith's clothes when he pulled off. [Signed] E. D. CARSON."

The judge was requested to charge: First. That in order to convict the defendants, or either of them, the jury must be satisfied from the evidence as to the cause of the death of the deceased; that if they were unable to determine whether the death was caused by drowning, or by a wound from some sharp instrument, they must acquit the defendants. Second. That even if the jury should be satisfied that the deceased came to his death at the hands of one or the other of the defendants, yet they must, in order to convict, be satisfied as to which one caused...