r, aided by the
younger Wilder, who had succeeded Henry as his partner.
Wilder was a young lawyer of great promise, and was the active man in
the criminal cases.
He stated the case to the court and jury, saying among other things,
that he would not only prove the larceny by ordinary evidence, but
by the confession of the prisoner himself. Bissell dropped his heavy
brows, and remarked in his seat, "that he would have a good time doing
that."
Wilder called one of the officers who made the arrest, proved that
fact, and then asked him the plump question, in a way to avoid
a leading form, whether the prisoner made a confession? Bissell
objected, on the ground that before he could answer, the defendant
had a right to know whether he was induced to make it, by any
representations from the witness or others.
Wilder answered, that it did not yet appear that a confession had been
made. If it should be shown that one had, it would be then time to
discuss its admissibility; and so the court ruled; and the witness
answered that Myers did make a full confession. Wilder directed him
to state it, Bissell again objected, and although Wilder urged that he
had a right to go through with his witness, and leave the other side
to call out the inducement, if any, on cross-examination, the court
ruled that the circumstances under which the confession was made was
a preliminary matter that the defendant had a right to show. When the
witness answered to Bissell, that he told Myers after his arrest that
they knew all about the larceny, but did not know who his accomplices
were, and that if he would tell all about them he would undoubtedly
be favored; and that then the defendant told his story. Upon this
statement, Wilder cross-examined the witness, and managed to extract
several items of the confession, when the court held that the
confession was inadmissible.
Myers drew a breath of relief, but Bissell's brow did not clear. He
knew that the State had gained all it expected to; it had proved
that a confession was made, which was about as bad as the confession
itself. Under this cloud, Wilder called his other evidence, which of
itself, was very inconclusive, and which, with the added weight that a
confession had been made, left much uncertainty as to the result, and
Bissell was girding himself for the final struggle. Wilder then
called the name of John T. Greer--when the head of Myers dropped, and
midnight fell upon the brow of Bissell.
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