592 Sheet – American State Trials 1918 Volume X Leo Frank Document

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560 X, AMERICAN STATE TRIALS.

The confession may be received as very satisfactory. There is one other fact of importance in the case connected with this confession, one which may test its truth. Mr. Mathews testifies that after De Wolf had made this confession to him, he (Mathews) told him he did not believe his story but that he had thought of a way to test the truth of it, if he would consent to it. He (the prisoner) wanted to know what it was. Mathews told him he would have Stone arrested that evening as an accessory to the murder, and put in the cell adjoining, and after all was still in the house, he should commence a conversation with Stone which he could overhear. He (the prisoner) said he couldn't do that, because things would come out against him which would make his case a great deal worse than it now was, alleging that a man in his situation would tell most anything to save his own life.

Now, is this confession competent and credible? It is for the court to ascertain whether the confession was made under proper circumstances to be admitted as evidence. If the person accused is persuaded or induced by fear or any improper motive to make a confession, the Court will not permit it to be introduced, and it would be rejected.

The letters written by the prisoner have an intimate connection with his confession and are evidence because they were written under circumstances of no fear or persuasion. One speaks of trouble and alarm, etc., but has no important bearing upon the case. The other, dated on the 23rd of February and addressed to the wife of the deceased, is more important, but both are competent evidence and may be received as such, so far as they corroborate the confession.

The court were of the opinion that no inducements were offered the prisoner in order to draw from him a confession, and it was therefore admitted as evidence. In order to make it more full and complete, Mr. Lincoln, the sheriff, who was present, told him to say nothing to him in confidence, as it would go before the District Attorney. The prisoner was taken from his cell to the room of the jailer, and each sentence of his confession was read to the prisoner, who solemnly asserted that all was true. It was then signed by him.