Citation Numbers: 8 N.E. 496, 103 N.Y. 211, 4 N.Y. Crim. 552, 2 N.Y. St. Rep. 713
Judges: RAPALLO, J.
Filed Date: 10/5/1886
Status: Precedential
Modified Date: 1/13/2023
The appellant was convicted at a Court of Oyer and Terminer held in Herkimer county in May, 1885, of the crime of murder in the first degree for killing one John Wishart, and was sentenced to death. On appeal to the *Page 214 Supreme Court, the conviction was affirmed at a General Term held at Syracuse in November, 1885. BOARDMAN and HARDIN, JJ., delivered opinions for affirmance, and FOLLETT, J., delivered a dissenting opinion. The case now comes before us on appeal from the judgment of affirmance.
Numerous exceptions were taken at the trial, and after a careful examination, we concur in the conclusions reached by the Supreme Court as to all of the points raised on behalf of the appellant, except the one upon which the learned judges who heard the case at General Term differed in opinion, and we shall, therefore, confine our discussion to that point.
The question in difference was the admissibility in evidence, upon the trial of the prisoner, of statements alleged to have been made by him on his examination under oath at the coroner's inquest, held upon the body of the deceased after it had been found, which was a considerable time subsequent to the killing. The evidence connecting him with the crime, aside from his alleged confessions to members of his family and afterward to the officers having him in custody, was circumstantial, but no question as to its sufficiency arises here. After the finding of the body of the deceased, the defendant was arrested, without warrant, as the suspected murderer. While he was thus in custody, the coroner impaneled a jury and held an inquest, and the defendant was called as a witness before the inquest, and was examined by the district attorney and by the coroner. The prisoner was an ignorant Italian laborer, unfamiliar with the English language. He was unattended by counsel, and it does not appear that he was in any manner informed of his rights, or that he was not bound to answer questions tending to criminate him. He was twice examined; on the first occasion the examination was taken by questions put either by the district attorney or by the coroner, and the result written down by the coroner, who then read the evidence over to him, line by line, and asked him if he understood it and if it was the truth, and he said it was, and the coroner then re-swore him to the deposition. *Page 215
The coroner testifies that he came to the conclusion that the defendant did not understand English well enough to be examined; that on taking the evidence which was signed by him, no interpreter was used; that the interpreter was used on a subsequent day; that the defendant made no corrections or suggestions while the deposition was being read to him; that he (the coroner) became satisfied, after taking defendant's testimony on the first day, that it ought to be taken through an interpreter, and thought they might get it a little better and a little fuller.
The court thereupon reserved its decision as to the admissibility of the evidence until the opening of the court on the following day.
The coroner was then asked various questions as to what the defendant had stated at the coroner's inquest, as to his having been on the ground where the body of the deceased was found, as to where he had last seen the deceased alive, as to where deceased was then going, whether he was alone, as to the whereabouts of the defendant on the day the deceased disappeared, as to threats made by deceased to have the defendant arrested for marrying the daughter of deceased while having another wife living, as to disputes between deceased and defendant on that subject, and other questions tending to establish the theory of the prosecution as to the motive of the defendant in committing the murder. Some of the statements of the prisoner on his examination, as testified to by the coroner, confirmed the theory of the prosecution as to the hostile feeling between the prisoner and the deceased, and the quarrels which had taken place between them, but the others were denials of implicating circumstances.
Each of the questions thus put to the coroner, as to what the prisoner had testified to, was specifically objected to. The objections were overruled and exceptions duly taken.
The deposition taken by the coroner, as before stated, was not offered in evidence, but the coroner in giving his testimony referred to it to refresh his recollection with respect to the testimony given by the defendant on the inquest. *Page 216
The coroner also testified that a club, which was found near the body of deceased, was produced at the inquest, before the taking of testimony began; that the defendant had then been informed that he was charged with the murder of deceased, and on the production of the club exclaimed "me no kill old John with that club," and appeared nervous and excited.
It thus appears that when the prisoner was called upon to make his statements on oath before the coroner, he stood in the attitude of an accused person, and was required to answer for himself, as a party, and not as a mere witness to aid the coroner in investigating the cause of the death of the deceased. The cause of death was evident. The body had been examined, with the marks of violence plainly apparent; the bruised head, the fractured skull, and the broken club lying near it with hair still adhering to it. It was evident that a crime had been committed. From the time that a felonious homicide was established, the proceedings assumed the form of a criminal investigation. (Hendrickson v. People, per GARDINER, J.,
The admissibility of examinations in evidence upon the trial of the offender, has been passed upon in many English cases, but the whole subject has been so thoroughly discussed in three cases in this court that it is not necessary to refer particularly to the English authorities. In Hendrickson v. People (
In People v. McMahon (
The next case is Teachout v. People (
The present case is identical in all its essential features with the McMahon Case. In both cases the prisoner had been arrested without warrant, as a suspected murderer. While under arrest he was taken by the officer having him in charge, before the coroner's inquest, and examined on oath as to circumstances tending to connect him with the crime. The present case is even more clear than the McMahon Case, for here the homicide had been shown before he was examined, the prisoner was informed that he was charged with the murder, the alleged instrument of death was produced, and the prisoner was interrogated as to his motive for the alleged killing, his whereabouts, and other inculpating matters.
There has been no case overruling the McMahon Case, and we are not referred to any decision, either in this country or in England, at variance with it, although there are many which sustain it, and even go farther in the direction of excluding examinations, under oath, before a magistrate, of persons afterward put upon trial on criminal charges. (Rex v. Lewis,
6 C. P. 161; Rex v. Davis, id. 177; Wheatland's Case,
8 id. 238; Haworth's Case, 4 id. 254, note.) The court at General Term in the present case seem to regard the case of People v.McGloin (
In all the cases in which reference has been made to the subject, it seems to be conceded that an examination of a person arrested on a criminal charge, conducted in violation of the statutory provisions, would not be admissible in evidence against him on his trial for the offense. To take a prisoner before a magistrate, swear him, subject him to a minute interrogation as to the circumstances relied upon as evidence of his guilt, and then use such an examination on his trial, would be a departure from our system of criminal jurisprudence which should not be tolerated, and whether the investigation were conducted before a committing magistrate, or before a coroner's jury, could make no substantial difference, provided it appeared that a homicide had been committed, and the prisoner was brought before the inquest as an accused person, and the object of the inquisition was to ascertain his guilt. The McMahon Case held distinctly that an examination thus conducted before a coroner's jury, could not be used on the trial of the prisoner, and after that decision has stood for nearly a quarter of a century as the law of the State, it would require, for the purpose of overruling it, something much more definite than any thing that can be found in the Penal Code or the Code of Criminal Procedure. There is nothing indefinite in the doctrine of that case as defined and limited in the Teachout Case, nor am I able to see that an adherence to it would in any way embarrass the administration of criminal justice in this State, while on the other hand it is not difficult to see that a departure from it would be subversive of some of the fundamental principles of our criminal jurisprudence. Nor is there any thing in the exclusion of such evidence inconsistent with section 395 of the *Page 221 Code. The evidence sought to be excluded is not a confession, certainly not a voluntary confession, but an official examination on oath, of the prisoner while in custody, in which, although he admits some facts in regard to the relations between him and the deceased, he denies all knowledge of the crime, he denies having seen the deceased after he saw him on the railroad track on the day when he left his home, and he denies ever having been on the ground where the body was found. These denials were much more important to the prosecution than any of the admissions contained in the examination, for they were met by the evidence of the prisoner's subsequent admissions to Sheriff Brown, which, if true, showed that his previous statements under oath before the coroner's inquest were false. This mode of examining and involving a prisoner arrested on a charge of crime is not sanctioned by the provision of section 395 of the Penal Code, which declares voluntary confessions made "in the course of judicial proceedings" admissible in evidence. Those words do not necessarily refer to a judicial examination of the prisoner on the subject of the charge made against him. The object of section 395 is to declare what confessions shall be deemed voluntary, and therefore admissible, whether made out of court to a private person, or in court, or in the course of any judicial proceeding between any parties. The examination of a prisoner on oath before a magistrate, on the subject of the charge made against him, is condemned in the McMahon Case, and those upon which it rests, in the Teachout Case, and by the statutes which prohibit such examinations. (Code of Crim. Pro., §§ 188, 196, 198; 2 R.S. 708, §§ 14, 15, 16.)
The three cases which have been cited, the Hendrickson Case, the McMahon Case, and the Teachout Case, draw the line sharply, and define clearly in what cases the testimony of a witness examined before a coroner's inquest can be used on his subsequent trial, and in what cases it cannot. When a coroner's inquest is held before it has been ascertained that a crime has been committed, or before any person has been arrested charged with the crime, and a witness is called and sworn before *Page 222 the coroner's jury, the testimony of that witness, should he afterward be charged with the crime, may be used against him on his trial, and the mere fact that at the time of his examination he was aware that a crime was suspected, and that he was suspected of being the criminal, will not prevent his being regarded as a mere witness, whose testimony may be afterward given in evidence against himself. If he desires to protect himself he must claim his privilege. But if, at the time of his examination, it appears that a crime has been committed and that he is in custody as the supposed criminal, he is not regarded merely as a witness, but as a party accused, called before a tribunal vested with power to investigate preliminarily the question of his guilt, and he is to be treated in the same manner as if brought before a committing magistrate, and an examination not taken in conformity with the statute cannot be used against him on his trial for the offense.
On this ground the judgment should be reversed and a new trial ordered.
All concur, except RUGER, Ch. J., and EARL, J., dissenting.
Judgment reversed.