97 Tenn. 560 | Tenn. | 1896
The plaintiff in error was convicted in the Circuit Court of Hamilton County of the murder of one Eugene Lynch, and condemned to be executed. The prisoner has appealed.
The defendant was examined as a witness in his own behalf, and denied that he committed the deed, or that he was in the immediate vicinity at the time, but does not undertake to support his defense
The shooting occurred at six o’clock and twenty-five minutes, as indicated by the watch of deceased, which was stopped at that hour and minute by one of the buckshot fired from the gun. At this point an attempt is made to show that defendant could not have committed the deed, for the reason that a credible witness, Esquire Card, testifies that he saw and talked with the defendant, three-quarters of a mile from the scene of the killing, at four minutes past six o’clock, and that witness heard of the kill
It is shown in this record that, after the deed was committed, defendant applied to one Thomas Reno, a kinsman by marriage, to set him across Soddy Creek, telling him he had killed Eugene Lynch on the end of the bridge. He asked the witness to go and get his clothes, saying he was going to Arkansas. Later, he was seen in a little boat with the woman, Massy Skyles, and his gun, about four miles from the Cincinnati Southern bridge.
The proof shows he continued his flight, in company with the woman, into the State of Georgia, traveling under .an assumed name, and representing the woman as his wife. He was finally apprehended and arrested in Bradley County, Tennessee, having in his possession the double-barreled shotgun borrowed by him of Barnes, and with which the crime was
As opposed to this mass of incriminating evidence, we have the denial of the prisoner, and his avowal that he was not at the iron bridge that morning. He denied that he told Malinda Lemons, his cousin, at John Howser’s that morning, that he was going to kill Eugene Lynch. He denies that he saw Elijah Eustice, or that he said to him, “Don’t give me away,” or “Don’t give it away.” He states he first heard of the shooting through Massy Skyles, up in the hollow above home. He denies that he told William Sneed, Thomas Reno, E. B. Reno, Mary Clift, Fred Minister, James Clift, or anyone else, that he had shot Lynch at the bridge and killed him. He also denies that he told James Gaines, Mary Lassly, Bob Boon, Malinda Lemons, James Craighead, or anyone else, that he was going to kill Lynch.
So that, practically, the question presented was whether the defendant, with his life depending upon the result, should be believed, or witnesses presented
Mrs. McLaughlin was introduced by the State in rebuttal, and testified that on the morning that Lynch was shot Massy Skyles came to her house and asked her for a drink of water, and inquired for the way. “She told me John Lemons had shot Eugene Lynch down at the bridge.”
The Deputy Sheriff who arrested John Lemons in Bradley County, states that when he went into the
But it is unnecessary to pursue this investigation further. We find in this record all the elements of proof necessary to make out a case of murder in the first degree. Deadly threats are shown to have been made repeatedly by the defendant against the deceased; preparation for the crime in borrowing the shotgun and purchasing the buckshot; presence of the prisoner in the immediate vicinity of the crime, lying in wait; his subsequent flight in company with the woman, and the use of an assumed name; the physical fact of correspondence between the buckshot taken from the body of Lynch and the buckshot purchased by the prisoner and with that afterwards taken from his gun; the dying declaration of the deceased in respect of the identity of the prisoner, and, lastly, the prisoner’s admission that he did the shooting. All these facts and circumstances have wrought a chain of evidence against the defendant which is irref-ragable, and demonstrate his guilt beyond a reasonable doubt.
It remains to notice some alleged errors specifically assigned upon the record. First, it- is insisted the officer who took charge of the jury pending the trial was not properly sworn. It is admitted the record recites that the Constable ‘‘was sworn according to law,” but the specific objection is that
Second. Error is also assigned upon the admission of certain alleged dying declarations of the deceased. The witness, Henry G-oodson, testified that “Just before Lynch died he turned • over, handed me his hand, and said that he was going to take a long sleep, and said for me to tell that John Lemons shot him from ambush and had caused his poor little children and wife to suffer.” This evidence was objected to,
Morphine was administered to alleviate the pain, but there is no evidence that it was administered improperly or in excessive quantities, or any suggestion that the morphine caused his death. The proof is that deceased was struck by four buckshot, which entered his body. The physician testified that deceased was shot in a very bad vital place, and
It is next objected that the record fails to show that the prisoner was represented by counsel on his trial in the Court below. But this objection is answered in the next exception, which assigns as error the action of the trial Judge in excluding certain evidence offered on behalf of defendant to show the character of Lynch as an officer. This evidence was objected to by the State. The record recites that Colonel Clift, counsel for defendant, then stated to the Court that he proposed to prove by witness that the deceased was in the habit of mistreating prisoners; that when he arrested persons for a misdemeanor that he would draw his pistol on them, put it in their face, and that he would hand-cuff; that he treated two of the Millard boys that way. The Court properly excluded this evidence, as it did not tend in any way to elucidate the issue..
Counsel in argument pointed out certain discrepancies in the original record, in the several entries reciting the names of the jurors who tried the case, but, upon a suggestion of diminution, a more perfect transcript has been filed, in which it is shown that these apparent contradictions were merely clerical errors, and there is no basis left for any of these assignments of error.
Learned counsel were appointed by the Court,
The judgment is therefore affirmed.