acquittal of but, there being no evidence of murder, Parke, J, includes an was about to order an acquittal, when it occurred to concealment him, that, if acquitted of the murder, the prisoner might afterwards plead autrefois acquit, on an indictment for 'endeavouring to conceal the birth;' so he ordered the acquittal to be postponed. Anonymous. No costs are allowable on an indictment for ' endeavouring to conceal the birth of a child.' Recognised by Bolland, B. Note.-In consequence of costs not being allowable on an indictment for endeavouring to conceal the birth of a child, it is sometimes the practice to indict the party for murder, though it is well known the evidence will not support the charge; and, by this stratagem, the prosecutor contrives to get the usual costs allowed for a felony prosecution, notwithstanding the jury negative the murder, and find only the concealment. This practice having been attempted in the above case, Bolland, B., animadverted in just and severe terms upon the cruelty and impropriety of it, and refused to allow the costs. YORK Sum. Assizes, 1833 Costs not al lowable on an indictment for concealing the birth of a child. CONFESSION. APPLEBY Sum. Assizes, 1827. A confession which is not soner, nor ad mitted to be true, is not admissible. Margaret Foster's Case. A confession made by the prisoner was taken signed by pri- down in writing, and read over to her, but it was not signed by her, neither was she asked to sign it; and the magistrate who took it could not say, upon its being read over to her, that she said any thing. Hullock, B., refused to receive it, on the ground that there was nothing to show that she admitted it to be true. LANCASTER Sum. Assizes, 1828. Hirst's Case. In this case, on the authority of the foregoing and that of Rex v. Telicote, reported in Carrington's Criminal Law, 3rd edit. p. 60, Bayley, J., rejected a confession made under circumstances precisely similar*. In Lambe's case, 2 Leach, 552, the examination was taken in writing, pursuant to the statute of Philip & Mary, and carefully read over to the prisoner, who replied, “It's all true enough," but, upon the clerk requesting him to sign it, he said "No! I would rather decline that;" and the examination (which contained a full confession of the crime with which the prisoner was charged) was not signed either by the magistrate or the prisoner. The Dewhurst's Case. LANCASTER Sum. Assizes 1825. not admis used to re Prisoner having refused to sign his examination A confession before the magistrate, or to admit its truth, Bayley, sible may be J., allowed parol evidence to be given of the prisoner's fresh memory. statement, and permitted the magistrate's clerk to read over the examination to refresh his memory. Note.-In Hirst's case, Bayley, J., did the same thing; and further held, that, if the clerk who took it down at the time could, on referring to it, recollect its contents, he might read it. Appleby's Case. YORK Sp. Assizes, 1824. The confession of a prisoner, in an examina- Confession of tion before a magistrate, is not evidence against a prisoner be fore a magisevidence trate is not against a fel a fellow prisoner, though made in his presence, and not contradicted by him; and for this reason, viz. low prisoner. that it cannot be presumed that a prisoner in the pre The majority of the Judges held that the examination was properly received. In Jones' case, Carrington, 13, after the examination was taken down, the clerk read over the notes of it to the prisoner, and the prisoner refused to sign it, saying that it was an incorrect account of the transaction. Bayley and Gaselee, J.'s, and Vaughan, B., held, that the magistrate might give evidence of what the prisoner said on his examination, and might refresh his memory from the notes. sence of a magistrate would dare to interrupt the person under examination.-Per Holroyd, J. YORK Sp. Assizes, 1830. To tell a pri soner that his fessed is not a menace. Wright's Case. Prisoner was indicted for sheep-stealing. Prior wife has con- to his examination before the magistrate, his wife volunteered a confession of the particulars of the robbery. On the prisoner being brought up for examination, the magistrate told him that his wife had already confessed the whole, and that there was quite case enough against him to send a bill before a grand jury. The magistrate then asked him what he had to say. The prisoner immediately confessed his guilt, and stated several facts, which had been previously deposed to by his wife. Sir G. Lewin, for the prisoner, objected that this confession could not be received, inasmuch as the magistrate's address to the prisoner when he was brought before him to be examined, was in the nature of a menace. Parke, J., overruled the objection, saying, he considered it rather as a caution. Ackroyd's and Warburton's Case. YORK Sp. Assizes, 1824. obtained from Prisoner had been taken into custody by a con- A confession stable without a warrant, and detained by him in a party in durance for four days. During his confinement a confession was obtained from him under a promise of being set at liberty, and of receiving ten guineas' reward, which sum had been offered for the apprehension of the offender. Alexander, for the prosecution, attempted to show that the confession was voluntary, and not made under the above promises. But, per Holroyd, J.-" Even if that were so, the fact of its having been made while in unlawful custody rendered it unavailing." And there being no sufficient evidence without it he directed an acquittal. (See the next case.) illegal custody not admitted. Sylvester Thornton's Case. LANCASTER Sp. Assizes, 1824. obtained from Prisoner, a boy of fourteen years of age, was in- A confession dicted for arson, and convicted on his own confes- a person in illegal custody sion. The circumstances under which the confes- admitted. sion was obtained were as follows: The prisoner was apprehended without any warrant, between twelve and one o'clock in the day, and was carried to the police office about one. D |