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Supreme Court — Part 5
Page 53
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—_. om, *
6 Anderson et al. vs. United States.
which came before the jury as an organic tissue of proof can be
severed and given distributive significance by holding that they
had a major share in the conviction of some of the petitioners
and none at all as to the others. Since it was error to admit these
confessions, we see no escape from the conclusion that the convic-
tions of all the petitioners must be set aside.
Reversed.
Mr. Justice Jacxson and Mr. Justice Rur.enee took no part in
the consideration or decision of this case,
Mr. Justice Rep dissents.
Anderson et al. vs. United States. 3
ments were properly admitted in evidence, it is necessary to
particularize the circumstances under which each confession was
Simonds. Simonds was arrested by two deputies on the after-
noon of Wednesday, April 24th, and taken directly to the Y. M.
C. A. After spending the night at the county jail, he was ques-
tioned by one of the federal agents for about an hour Thursday
morning at the Y. M. ©. A. The questioning was resumed at
two o’clock in the afternoon by three agents who talked with him
for about two hours; at seven o’clock that evening he was again
questioned by two agents for another two hours. On Friday
morning he was questioned for about an hour. And on Satur-
day he was questioned at three different periods throughout the
afternoon and evening, each period lasting about half an hour.
He was again questioned on Sunday afternoon for about an hour
by two agents, one of whom described what occurred then as
follows: ‘‘We went over the entire case with him, and pointed
out the discrepancies in his story and the information we had
developed on investigation, which knocked down his alibi, and
out of a clear sky he said ‘well, I want to tell you I am guilty.’ ”’
One of the agents thereupon took Simonds’ written statement.
Hubbard. Hubbard was arrested by two deputies on Wednes-
day evening, April 24th, and taken to the Y. M. C. A. He, too,
spent the night in the county jail. He was questioned by four
agents at the Y. M. C. A. on Thursday afternoon for about two
hours. Two of the agents questioned him again that evening for
about two hours. At two o’clock Friday afternoon he was ques-
tioned for about forty-five minutes; at five o’clock he was ques-
tioned for another hour and a half. At seven-thirty Friday eve-
ning two agents questioned him for two more hours. He was
him for periods of fifteen minutes two or three times during the
morning and afternoon. Another questioned him for half an hour
in the morning. A third agent talked with him for another two
hours sometime during the day. And he was questioned again for
about twenty minutes at six o'clock in the evening. He was not
questioned on Sunday, bit he was present during the questioning
of Simonds by the federal officers that morning. After hearing
Simonds admit his guilt, Hubbard also confessed.
Woodward. Woodward was also arrested on Wednesday after-
noon, April 24th, by two deputies who took him first to the
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