127 Mich. 291 | Mich. | 1901
On the night of April 16, 1897, a Dr.
Ladd, of Adrian, was shot and killed by a burglar, who was detected by him in his residence. The respondent was convicted of murder in the first degree, and the cause is before us on error.
An outline of the testimony tending to show his guilt is. as follows: Col. Avery, the supervisor of the First ward
The theory of the prosecution was that, after shooting Ladd, he went south to the cemetery, and through it to a highway called the “Treat Road,” thence via that road to the Ohio line, and from there directly south to Delta, Ohio, where he took the Air Line Railroad train to the city of Toledo. George A. Williams saw him on the
The defendant’s counsel claim that the testimony was insufficient to justify the submission of the case to the jury, and that the court should have directed an acquittal. We are of the opinion that the evidence, though circumstantial, was sufficient to support a verdict of guilty.
A witness named O’Brien testified that he was a detective in the employ of the city of Toledo, and, in company with one Oarew, went to the house where respondent lived, for a man of a given description, who was suspected of a burglary of silverware in Toledo. As they approached the respondent, who stood on the porch bareheaded, they
Numerous objections attended the introduction of this evidence. It was contended that, as the arrest had ho connection with this offense, and the defendant did not know what he was arrested for, his conduct on that occasion was not admissible, and that it was not permissible to show that he had committed other offenses, and that the story was not so connected with the Ladd matter— especially as respondent testified that it was written before that occurrence—as to be admissible. We think that the learned circuit judge was commendably careful in receiving this testimony. The conduct of the defendant may or may not have been due to his fears of arrest for the Ladd matter, and the story may or may not show his knowledge of that affair. These are questions to be determined by the jury; but the circumstances were such as to make such inferences legitimate. Again, the fact that he owned and carried a 32-caliber revolver was pertinent. The testimony was none the less admissible because it necessarily involved a charge and arrest for other crimes. We think
An autopsy was held upon the body of Ladd, at which several surgeons were present. Error is assigned upon the failure to call a Dr. Williams, who participated in the operation. Counsel say he took the bullet from the body. The evidence of several of the physicians was taken as to what occurred. This seems to leave no room for doubt that Drs. Jewett and Williams operated, and that Williams found and produced the ball, which was examined by all, marked, and given to the witness who produced it, for safe-keeping. The question was raised in a request for acquittal upon this ground, and we are not advised by the brief that counsel for respondent asked that such witness be produced for examination. The danger of injury to the defendant by the omission to call Dr. Williams is not apparent to us, nor does it seem to have been to the defendant’s counsel. If it was their right to have him called, it was their duty to ask that he be called seasonably, instead of omitting such request altogether, and seeking to take advantage of the omission by a request for an acquittal.
Exception was taken to the rigor of the cross-examination of Mary Wilcox and the defendant. These are matters largely within the discretion of the circuit judge, and, in view of the testimony elicited, we think that the propriety of such examination was vindicated. We thinkthe discretion of the circuit judge was not abused. The testimony of Mary Wilcox, a married woman, justified a searching examination into her relations with the defendant. The defendant was a witness, and it was proper to show by him not only that he had been convicted of many atrocious crimes, but that on his former trials he had denied his guilt. These things went to the question of his credibility.
The statement of the prosecutor to the defendant in a colloquy, “We ascertained that what you said to us was not true,” was a natural, if not proper, reply to a
There are other assignments of error, but none which require discussion.
The judgment is affirmed.