{
  "id": 11276820,
  "name": "STATE v. GEORGE, (a slave.)",
  "name_abbreviation": "State v. George",
  "decision_date": "1858-06",
  "docket_number": "",
  "first_page": "233",
  "last_page": "236",
  "citations": [
    {
      "type": "nominative",
      "cite": "5 Jones 233"
    },
    {
      "type": "official",
      "cite": "50 N.C. 233"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:e0fb2c6dc46e10af",
    "word_count": 1055
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  "last_updated": "2023-07-14T20:15:56.644691+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. GEORGE, (a slave.)"
    ],
    "opinions": [
      {
        "text": "Pearson, J.\nThe evidence discloses a horrid murder, committed under -circumstances well calculated to excite and alarm the people of the neighborhood. It was the duty of every good citizen to do his utmost in order to find out the perpetrators of the crime, but care should have been taken not to exceed the limits allowed by the rules of law. The prisoner may be guilty, but, to justify a conviction, his guilt must be proved according to law. This has not been done* because of error in admitting as evidence the confessions of the prisoner whose case is now before us, and also in admitting the confessions of Gauzey, which had such a bearing upon the case of the prisoner, standing charged as an accessory, as to entitle him to the benefit of the objection.\nThe confessions were extracted by means calculated to excite the fear of present death in the firmest mmd. The prisoners were in irons ; a large crowd had assembled and became very much excited; one strikes Gauzey in the face, and threatens to kill him \u201c if he don\u2019t tell all about itanother says to George, \u201c tell about it, they will hang you if you don\u2019t,\u201d and there \u201c they\u201d stood \u2014 an infuriated crowd ! This was as direct an appeal to his fear as could have been made, and had he confessed at the instant, it was conceded in the argument, the evidence would not have been admissible ; but it was insisted that as the confession was made afterwards the objection did not apply. What length of time intervened is not stated : the case merely sets out, that, \u201c shortly after the above,\u201d the confession was made. It is apparent that not more than an hour \u2014 possibly only a few moments, intervened, and the ovrciomstanoes of terror renamed the same. There was the same infuriated crowd to which the attention of the prisoner bad been directed. Some of them- said, \u201c the ne-groes- who did it deserved to be burnt.\u201d True-, the prisoner did not hear this, but the demonstrations of a crowd where such sentiments are uttered, can be judged of and felt by an unfortunate being, who knows that he is within its power, without hearing- what is said. To support the distinction contended for, it was necessary to show that such a length of time had intervened, and such an entire change of circumstances had taken place, as wholly t& remove the effect of the influence which had been brought to- bear upon the prisoner, \u2014 \u25a0 as that the crowd had dispersed, or the prisoner had been taken to some other place where lie could feel secure from any sudden burst of its fury. We are satisfied that the confession, was made from fear, under that instinct which prompts us to avoid present danger and risk the future. The prisoner felt that it was necessary to appease the crowd.\nA confession extorted in this way, may, or may not, be true. Rut there-is-no guaranty of its truth, and by the rules of evidence, it is inadmissible.\nThis case furnishes an apt illustration of the wisdom of the rule-. If such evidence was received, crowds would always assemble when there was a charge of the commission of a horrid crime, in order to extort a confession. The prisoner is entitled to- a venire de novo^.\nPer- CueiaM, Judgment reversed\u00bb",
        "type": "majority",
        "author": "Pearson, J."
      }
    ],
    "attorneys": [
      "Attorney General, for the State.",
      "Wmston, Jr.., Smith and H. A. Gilliam, for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. GEORGE, (a slave.)\nWhere a slave was indicted for murder, with two others as accessories, and they being all surrounded by an angry and threatening crowd of people, and being in irons, the principal was struck in the face by one much excited, and bidden to tell allabout it, and the defendant was bidden to tell about it, or they (the crowd) would hang Mm; it was Held that confessions made \u25a0within an hour of these demonstrations, the crowd still continuing, wer# inadmissible.\nThis was an indictment for mukdek, tried before DiOK, J., at the last Spring Term of Chowan Superior Court.\nThe prisoner was indicted, with two other slaves, Aaron and Gause or Gauzey, for the murder of their master, \"William D. Davenport. There was a count also against Gauzey as principal, and Aaron and the prisoner George, as accessories before the fact.\nIt appeared that the deceased came to his death by gunshot wounds, inflicted on his breast, on the night of 2nd of February, 1858. The gun was discharged about seven o\u2019clock at night, while the deceased was standing in his back piazza, not far from the houses occupied by the accused and other slaves belonging to him.\nThe confessions of the prisoners, being offered in evidence, they were objected to, upon the ground, that they were unfairly and illegally obtained. The following are stated as the circumstances attending the obtaining of the confessions:\nMr. John A. Banbury stated, that he heard of no threats up to twelve o\u2019clock of the day; that Gauzey was taken up about \u25a0one o\u2019clock, and was brought into the house ; he, as well as George and Aaron, was in irons and closely guarded ; that one Lindsay came up to Gauzey, very much excited, and said to him, \u201c you had as well tell me whose that gun is, or I\u2019ll kill you,\u201d at the same time he struck him a blow in the face; he then added, \u201c Aaron and George say you know all about it, and if you don\u2019t tell all about it, I\u2019ll kill you.\u201d The witness Benbury then interposed, and no confession was made then.\nJoseph B. Dmenport stated, that \u201che said to the prisoner George,\u201d \u201c tell about it; they will hang you if you don\u2019t;\u201d that he then made no confession; that there was a large crowd on the ground, and they were much excited. Shortly after the above, the confessions now offered to be given in evidence were made.\u201d\nB. W. Damewport stated, that he heard several men say, that the negro who did it deserved to be burnt, but this was not in the presence, or hearing of either of the prisoners.\nThe Court overruled the objection, and the evidence was admitted. Tbe prisoners were found guilty of murder, and upon judgment being pronounced against them, the defendant George appealed to this Court.\nAttorney General, for the State.\nWmston, Jr.., Smith and H. A. Gilliam, for defendant."
  },
  "file_name": "0233-01",
  "first_page_order": 241,
  "last_page_order": 244
}