146 Mass. 571 | Mass. | 1888
We have given to this case a degree of attention commensurate with its importance, and have come to the conclusion that there was no error in the conduct of the trial.
While it is well settled in this Commonwealth, that, on the trial of an indictment, the government cannot be allowed to prove other independent crimes for the purpose of showing that the defendant is wicked enough to commit the crime on trial, this rule does not extend so far as to exclude evidence of acts or crimes which are shown to have been committed as part of the same common purpose, or in pursuance of it. Commonwealth v. Jackson, 182 Mass. 16, 18. Commonwealth v. Blood, 141 Mass. 571, 575. In such cases there is a distinct and significant probative effect, resulting from the continuance of the same plan or scheme, and from the doing of other acts in pursuance thereof. It is somewhat of the nature of threats or declarations of intention, but more especially of preparations for the commission of the crime which is the subject of the indictment. If, for example, it could be shown that a defendant had formed a settled
We do not understand that this general view, stated thus, is distinctly conti-overted by the counsel for the prisoner, and it is supported by a great number of decisions, only a few of which are here cited. Commonwealth v. Scott, 123 Mass. 222. Commonwealth v. Choate, 105 Mass. 451. Swan v. Commonwealth, 104 Penn. St. 218. Goersen v. Commonwealth, 99 Penn. St. 388. Shaffner v. Commonwealth, 72 Penn. St. 60. Mayer v. People, 80 N. Y. 364, 375. See also Jordan v. Osgood, 109 Mass. 457. For cases where such connection was not shown, but where the principle was recognized, see Commonwealth v. Jackson, 132 Mass. 16; State v. Lapage, 57 N. H. 245, 295; People v. Sharp (opinion by Peckham, J.), 107 N. Y. 427, 466.
The ruling at the trial, therefore, was correct, that if evidence should be offered and admitted tending to show that the prisoner knew before her sister’s death of the existence of the insurance, and that it could be transferred on the death of her sister to herself, and made payable to herself on the death of Freeman, and that before her sister’s death she had formed a plan or intention to obtain this insurance for her own benefit, and this plan or intention continued to exist or be operative up to the time of Freeman’s death, then that evidence might be offered to show that her sister died of poison, and that the prisoner administered it as a part of the method employed by her to carry this plan or intention into effect, in connection with evidence that she administered poison to Freeman as another part of the same plan and with the same general intention. The court therefore properly held that evidence of this knowledge and plan or intention on the part of the prisoner should first be offered, that the court might judge whether it was sufficient to warrant the introduction of evidence that the sister died of poison administered by the prisoner. This claim and offer of proof on the part of the government, and the arguments of counsel, and the said ruling of the court thereon, were all made in open court, in the prisoner’s presence, but in the absence of the jury.
In seeking a new trial on account of th,e admission of this testimony, the argument of the prisoner’s counsel, briefly stated, is as follows: Preliminary evidence must be given to show that the acts offered to be proved were done in pursuance and as a part of some plan or scheme to accomplish the particular result; it is the exclusive province of the court to determine if such evidence is sufficient; the decision of the court, admitting the evidence, is subject to revision in the present case, the testimony upon which that decision was founded having been reported for the purpose; it is not enough that there was some evidence, but the preliminary evidence must amount to proof; the ruling of the court did not expressly affirm the necessity of such proof, that is, as we understand the argument, the necessity of such amount or degree of proof; and, finally, this court, upon a revision of the preliminary evidence reported, should now hold that it was not sufficient to warrant the introduction of evidence to show that the prisoner poisoned her sister, Mrs. Freeman. The last three of these propositions are the only ones which need any further attention.
A consideration of the nature of the question which is presented to the court, when it is called upon to decide upon a preliminary question of fact, in order to determine whether offered evidence shall be received, will show that its determination reaches no further than merely to decide whether the evidence may or may not go to the jury. The decision upon this particular question of the admissibility of the evidence is ordinarily conclusive, unless the judge sees fit to reserve or report the question for future revision. Dole v. Thurlow, 12
But where, in a case like the present, the admissibility of testimony depends upon the determination of some prior fact by the court, there is no rule of law that, in order to render the testimony admissible, such prior fact must be established by a weight of evidence which will amount to a demonstration, and shut out all doubt or question of its existence. It is only necessary that there should be so much evidence as to make it proper to submit the whole evidence to the jury. The fact of the admission of the evidence by the judge does not in a legal sense give it any greater weight with the jury; it does not affect the burden of proof, or change the duty of the jury in weighing the whole evidence. They must still be satisfied, in a criminal case, upon the whole evidence, beyond a reasonable doubt. Ordinarily, questions of fact are exclusively for the jury, and questions of law for the court. But when, in order to pass upon the admissibility of evidence, the determination of a preliminary question of fact is necessary, the court in the due and orderly course of the trial must necessarily determine it, as far as is necessary for that purpose, and usually without the assistance, at that stage, of the jury. If, under such circumstances, testimony is admitted against a party’s objection, it may often happen that he may still ask‘the jury to disregard it.
Numerous illustrations of the foregoing view might be given, but a few must suffice us. In an indictment for murder, where the question was as to the admissibility of certain statements in the nature of confessions, which were objected to as having been obtained by means of inducements, it was held by this court as follows: “ When a confession is offered in a criminal case, and the defendant objects that he was induced to make it by threats or promises, it necessarily devolves upon the court to determine the preliminary question whether such inducements are shown. .... If the presiding judge is satisfied that there were such
In Commonwealth v. Brown, 14 Gray, 419, which was an indictment for causing the death of a woman by means of an attempt to procure a miscarriage, the judge at the trial decided, as matter of fact, on the preliminary question, that there was prima facie evidence that the defendant and two other persons were jointly acting in combination and concert, and aiding and assisting each other in carrying out a common enterprise of procuring an abortion, so as to make the acts and declarations of those two persons competent, and admitted the evidence; and then left the question to be determined by the jury whether they were acting in concert with the defendant or not, with instructions that, if so, the acts and declarations might be considered by them, otherwise not. This' course was held by this court to be correct (pp. 425, 426, 432) ; the court saying, “ The conspiracy of the parties was first satisfactorily made to appear to the court.” In Commonwealth v. Crowninshield, 10 Pick. 497, a similar doctrine was held.
In all such cases, the court, in deciding to admit the offered testimony, does no more than to hold that enough has been shown to make it proper to submit the testimony to the jury, leaving its weight and credit for their determination. The decision of the judge does not relieve the party offering the testimony from the necessity of establishing every material fact to the satisfaction of the jury. See also Commonwealth v. Scott, 123 Mass. 222, 235; Commonwealth v. Waterman, 122 Mass. 43, 59; Commonwealth v. Preece, 140 Mass. 276; Ormsby v. People, 53 N. Y. 472; Swan v. Commonwealth, 104 Penn. St. 218.
We are further of the opinion, that the preliminary evidence which was before the court was sufficient to warrant the introduction of evidence to show that the prisoner poisoned her sister, Mrs. Freeman. Certain facts were not in dispute. Prince Arthur Freeman, the person whom the prisoner was charged in the indictment with having poisoned, held a certificate of membership in a society which provided for the payment of $2,000 upon his death to the beneficiary named therein, with a power of substitution; his wife, who was the prisoner’s sister, was named as beneficiary; she died on February 26,1885, after an illness of about three weeks; the prisoner called at Freeman’s house in South Boston on February 20th, and on February 23d went there to take care of Mrs. Freeman, and stayed till her death; immediately after Mrs. Freeman’s death, Mr. Freeman, with his two children, went to live with the prisoner at her house in Cambridge; one of the children died in April; on or about May 13th, Mr. Freeman appointed the prisoner as beneficiary under the certificate of membership; he died on June 27th, after an illness of about six days, from arsenic; the prisoner, on September 23, 1885, received $2,000 from the society upon said certificate. Prior to 1885 the prisoner was owing several hundred dollars, which she was unable' to pay, and for which she was hard pressed by her creditors, and which she paid out of the $2,000 so received by her.
As tending to prove the plan or scheme on her part to obtain this life insurance money through the murder of Mrs. Freeman, and then of Mr. Freeman, there was evidence to the effect that before Mrs. Freeman’s death the prisoner knew of the certificate of membership insuring Mr. Freeman for his wife’s benefit; that during Mrs. Freeman’s illness the prisoner expressed the opinion that her sister would never recover, and said that she (the prisoner) had had a terrible dream, and whenever she had a dream like that one of the family always died; that before, as well as