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ven when he finds it hard； and desires even a definite penance。 Death bed confessions may indeed have religious grounds； or the desire to prevent the punishment or the further punishment of an innocent person。
Although this list of explicable confession…types is long； it is in no way exhaustive。 It is only a small portion of all the confessions that we receive； of these the greater part remain more or less unexplained。 Mittermaier＇2＇ has already dealt with these acutely and cites examples as well as the relatively well…studied older literature of the subject。 A number of cases may perhaps be explained through pressure of conscience； especially where there are involved hysterical or nervous persons who are plagued with vengeful images in which the ghost of their victim would appear； or in whose ear the unendurable clang of the stolen money never ceases； etc。 If the confessor only intends to free himself from these disturbing images and the consequent punishment by means of confession； we are not dealing with what is properly called conscience； but more or less with disease； with an abnormally excited imagination。＇3＇ But where such hallucinations are lacking； and religious influences are absent； and the confession is made freely in response to mere pressure； we have a case of conscience；＇4＇another of those terms which need explanation。 I know of no analogy in the inner nature of man； in which anybody with open eyes does himself exclusive harm without any contingent use being apparent； as is the case in this class of confession。 There is always considerable difficulty in explaining these cases。 One way of explaining them is to say that their source is mere stupidity
＇1＇ Cf。 the extraordinary confession of the wife of the ‘‘cannibal'' Bratuscha。 The latter had confessed to having stifled his twelve year old daughter； burned and part by part consumed her。 He said his wife was his accomplice。 The woman denied it at first but after going to confession told the judge the same story as her husband。 It turned out that the priest had refused her absolution until she ‘‘confessed the truth。'' But both she and her husband had confessed falsely。 The child was alive。 Her father's confession was pathologically caused； her mother's by her desire for absolution。
＇2＇ C。 J。 A。 Mittermaier： Die Lehre vom Beweise im deutsehen Strafprozess。 Darmstadt 1834。
＇3＇ Poe calls such confessions pure perversities。
＇4＇ Cf。 Elsenshaus： Wesen u。 Entstehung des Gewissens。 Leipzig 1894。
and impulsiveness； or simply to deny their occurrence。 But the theory of stupidity does not appeal to the practitioner； for even if we agree that a man foolishly makes a confession and later； when he perceives his mistake； bitterly regrets telling it； we still find many confessions that are not regretted and the makers of which can in no wise be accused of defective intelligence。 To deny that there are such is comfortable but wrong； because we each know collections of cases in which no effort could bring to light a motive for the confession。 The confession was made because the confessor wanted to make it； and that's the whole story。
The making of a confession； according to laymen； ends the matter； but really； the judge's work begins with it。 As a matter of caution all statutes approve confessions as evidence only when they agree completely with the other evidence。 Confession is a means of proof； and not proof。 Some objective； evidentially concurrent support and confirmation of the confession is required。 But the same legal requirement necessitates that the value of the concurrent evidence shall depend on its having been arrived at and established independently。 The existence of a confession contains powerful suggestive influences for judge； witness； expert； for all concerned in the case。 If a confession is made； all that is perceived in the case may be seen in the light of it； and experience teaches well enough how that alters the situation。 There is so strong an inclination to pigeonhole and adapt everything perceived in some given explanation； that the explanation is strained after； and facts are squeezed and trimmed until they fit easily。 It is a remarkable phenomenon； confirmable by all observers； that all our perceptions are at first soft and plastic and easily take form according to the shape of their predecessors。 They become stiff and inflexible only when we have had them for some time； and have permitted them to reach an equilibrium。 If； then； observations are made in accord with certain notions； the plastic material is easily molded； excrescences and unevenness are squeezed away； lacun are filled up； and if it is at all possible； the adaptation is completed easily。 Then； if a new and quite different notion arises in us； the alteration of the observed material occurs as easily again； and only long afterwards； when the observation has hardened； do fresh alterations fail。 This is a matter of daily experience； in our professional as well as in our ordinary affairs。 We hear of a certain crime and consider the earliest data。 For one reason or another we begin to suspect A as the criminal The result of an examination of the premises is applied in each detail to this proposition。 It fits。 So does the autopsy； so do the depositions of the witnesses。 Everything fits。 There have indeed been difficulties； but they have been set aside； they are attributed to inaccurate observation and the like；the point is；that the evidence is against A。 Now； suppose that soon after B confesses the crime； this event is so significant that it sets aside at once all the earlier reasons for suspecting A； and the theory of the crime involves B。 Naturally the whole material must now be applied to B； and in spite of the fact that it at first fitted A； it does now fit B。 Here again difficulties arise； but they are to be set aside just as before。
Now if this is possible with evidence； written and thereby unalterable； how much more easily can it be done with testimony about to be taken； which may readily be colored by the already presented confession。 The educational conditions involve now the judge and his assistants on the one hand； and the witnesses on the other。
Concerning himself； the judge must continually remember that his business is not to fit all testimony to the already furnished confession； allowing the evidence to serve as mere decoration to the latter； but that it is his business to establish his proof by means of the confession； and by means of the other evidence； _*independently_。 The legislators of contemporary civilization have started with the proper presuppositionthat also false confessions are made； and who of us has not heard such？ Confessions； for whatever reason；because the confessor wants to die； because he is diseased；＇1＇ because he wants to free the real criminal；can be discovered as false only by showing their contradiction with the other evidence。 If； however； the judge only fits the evidence； he abandons this means of getting the truth。 Nor must false confessions be supposed to occur only in case of homicide。 They occur most numerously in cases of importance； where more than one person is involved。 It happens； perhaps； that only one or two