31 N.Y.S. 1064 | N.Y. Sup. Ct. | 1895
The only exception taken by the defendant upon the trial was to a denial of his motion, made after the people had rested, to take the case from the jury, on the ground that there was not “enough evidence to go to them.” After a careful reading of the record, we are satisfied that this motion was properly denied by the court. But as section 527 of the Code of Criminal Procedure vests in the supreme court the power and duty to order a new trial, “if it be satisfied that the verdict against the prisoner was against the weight of evidence or against law, or that justice requires a new trial, whether any exceptions shall have been taken or not, in the court below,” certain questions brought to our attention by the counsel for the appellant will be considered.
In August, 1894, Margaret Fitzgerald, a married woman, residing in Bristol, Conn,, visited New York, accompanied by her two chil
But, however great her offense against the law, it was the defendant’s right to have her testimony weighed by the jury, in connection with all the other facts proved, to the end that they should determine upon which of the two occasions she told the truth. The trial court was evidently of the opinion that the witness told the truth before the police magistrate, and not upon the trial; and, both by inquiry of
“By the Court: Q. You lied either in the police court, or you lied here,', didn’t .vou? A. Yes. The Court: Then we have got to find out when you lied. When people admit that they lie, sometimes it is pretty hard to tell-when they tell the truth, especially when they swear to lies. * * * The-Court: You have just said that he cut you. You want to be careful, or you will be tripped up. If you don’t tell the truth I will lock you up. You may be sure of that. The court will (not be trifled with. * * * The Court: Is she in the House of Detention? Mr. Weeks: No. The Court: Then do not let her leave the court room until the case is concluded.”
These inquiries and comments by the court are not referred to as-furnishing sufficient ground for reversal, but rather because they show the impression which her testimony had made upon the mind of the court, and give emphasis to the portions of the charge to which reference will now be made.
The court in its charge said:
“We find the situation of a person, having complained, at the time the-person is presented to her, identifying him; going to the police court, and making a complaint there; going before the grand jury, and making a complaint there; going to the defendant this morning, and appearing upon the stand in this court, and making a different statement”
And, again:
“Certain it is that she was so coherent in that statement, and it was made in so satisfactory a manner, that a criminal complaint was founded upon it; and certain it is that subsequently she was in sufficient health and intelligence to go before the grand jury and repeat that statement. It resulted to-an indictment, which has brought this defendant to this bar.”
We are not able to find in this record any evidence that the wo-mait even appeared before the grand jury. Thus, it appears that twice-in the charge to the jury the court asserted the existence of a fact which, if true, could have none other than an important influence-upon their minds, when there was no evidence before the court to-support such assertion. Again, the court, after charging the jury that, if they believed she had made a misstatement under oath on one occasion or the other, they would be left in a situation not to-believe her, said: ■
“But, at the same time, if you believe, to accordance with common sense, reason, and the evidence, that the story that she now tells is a falsehood, and that the story that she admits having told in the police court is the true one, she should not be allowed to humbug you or the court, or trifle with its process, or make a bargain with the defendant, to the end that he may escape the consequences of crime, if that be the situation.”
If the jury up to this time had been left in doubt touching the view of the court as to how they should find upon this question of vital importance to the defendant, certainly they could doubt no longer; for not only was the opinion of the court thus communicated to them, but the opinion of the court was, in effect, asserted to be in accordance with common sense, reason, and the evidence. This, undoubtedly, had the effect of causing the jury to feel that they were in some measure, at least, relieved from the necessity of estimating for them