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Facts of the Case

Provided by Justia

The plaintiffs in error and Thomas St. Clair were indicted jointly for the murder of Maurice Fitzgerald upon the high seas, on board of an American vessel, the bark Hesper, as set forth in the indictment mentioned in St. Clair v. United States, 154 U. S. 134 . On motion of the accused, it was ordered that they be tried separately. St. Clair was tried, found guilty of murder, and sentenced to suffer the punishment of death. Subsequently the order for separate trials was set aside, and the present defendants were tried together, and both were convicted of murder. A motion for a new trial having been overruled, a like sentence was imposed upon them.


Conclusions

  1. If one of two persons accused of having together committed the crime of murder makes a voluntary confession in the presence of the other under such circumstances that he would naturally have contradicted it if he did not assent, the confession is admissible in evidence against both.