Twining v. State of New Jersey

Few clauses of the U.S. Constitution are as familiar as the Fifth Amendment prohibition against being forced to give testimony which might be self-incriminatory. It might surprise many Americans to learn that such protection was an incomplete privilege for nearly two centuries after the amendment's ratification in 1791.

When the Monmouth Trust and Safety Deposit Company of Asbury Park closed its doors in February of 1903, Albert Twining's and David Cornell's troubles began. New Jersey bank examiner Larue Vreedenburg promptly arrived to inspect the defunct bank's records. Among other things, President Twining and Treasurer Cornell gave the inspector the minutes of a meeting at which several bank directors, including Twining and Cornell, had approved a payment of $44,875 for 381 shares of First National Bank stock. When inspector Vreedenburg finished his investigation of the transaction, he had Twining and Cornell arrested under a New Jersey statute forbidding bank officials from intentionally providing false information or documents to state examiners.

In January of 1904, Twining and Cornell were convicted and sentenced to three years imprisonment for falsifying bank records relating to an estate account. They were out on bail when they returned to court to face the Vreedenburg charge. Although another bank director, whose name appeared on the questionable minutes approving the stock transfer, testified that he never signed the document and that the meeting never took place, neither Twining nor Cornell took the stand.

The presiding judge spoke at length about the fact that while the signatures of both defendants appeared on the fraudulent document, both refused to speak about the nonexistent meeting. He also spoke about their choice not to testify in their own defense. "Because a man does not go on the stand, you are not necessarily justified in drawing an inference of guilt," concluded the judge. "But you have a right to consider the fact that he does not go on the stand where a direct accusation is made against him." The jury took one hour to find Twining and Cornell guilty. The two men were sentenced to six and four years imprisonment respectively.

Twining and Cornell appealed their sentences to the New Jersey Supreme Court, without success. Their luck was no better at New Jersey's Court of Errors and Appeals, which affirmed the state supreme court's decision to uphold the convictions. Twining's and Cornell's appeal of their sentences on constitutional grounds, however, resulted in their argument being heard by the U.S. Supreme Court on 19 and 20 March 1908.