2 Wash. 310 | Wash. | 1891
Lead Opinion
The opinion of the court was delivered by
— The separate trial of John B. Pose for the murder of Sina Frederickson occurred in the week following that of John Edwards, and with the same result. The testimony of George Pose was produced as before, and other witnesses were called to corroborate him. The same line of proof was followed, viz., that of showing expressions dropped by the accused, which, it was claimed, established a guilty knowledge on his part of the crime, and a participation in it.
Marion Bullard was called as a juror, and upon examination stated that he had read such accounts of the Frederickson affair as were published in the current newspapers) that he had talked with other persons in regard to it, and
In this ease the corroboration was, if anything, weaker than in the Edwards case. John Anderson was active in raising a public subscription of money to employ a detective and a lawyer to investigate the disappearance of the Fredericksons, and went to Rose’s house in South Bend to ask him to contribute. Rose was indignant; said he was being blamed for it, and would give nothing. He related what George had said about the Fredericksons going out and being lost on the bay, and appealed to George, who was present, to say if it was not true; and gave as a reason why the bodies did not float that other persons had been drowned there and never been found; his theory being that crabs or seals ate them. Many other people whom the witness met
The testimony in regard to the finding of the alleged grave was repeated. One Prickett, who took the place of Edwards at the ranch, was called to relate a conversation between himself and Rose in regard to a rubber boot leg, the materiality of which was that Erederiekson and everybody else down there uniformly wore rubber boots, Mrs. Erederiekson having a pair of them on when she was found j and George Rose had reported finding a boot along the shore, which he had again thrown away. Rose asked Prickett to look up this boot, as well as all the other boots about there, and keep them for any search party that came along. Prickett found a boot top in the yard on the Rose place, and a number o$ other rubber boots in the same vicinity, and when he reported the finding of the boot top to Rose, the latter said: “Was the top cut off that boot?” Witness told him it was, wheD he asked further: “Didn’t you or your boy cut it off?” Prickett answered, “No.” Then Rose said: “You or your boy must have cut it off.” This boot leg was produced at the trial, and three small spots were pointed out on it as being blood spots. The ingenuity of counsel may have shown this testimony to have been material, but unless it was Frederickson’s boot, which nowhere appears, and unless the spots were human blood, which was not attempted to be shown, there seems to have been nothing connected with it of any importance. Many old boots were scattered around there, and cattle were killed near by every day. The witness who testified to this, although in Rose’s employ, was in fact employed by the authorities to watch him, talk with him, and report
At the close of the preliminary examination before a magistrate, according to one of the witnesses, who was among the guard employed by the sheriff, the defendant said he knew George had committed the murder, as he had confessed it to him; that, he had got on a drunk and killed them. The state, using Rose’s testimony in the Edwards trial as evidence in chief, had already put in a contradiction by Rose of this alleged conversation. Counsel for the defense strenuously objected to the admission of this testimony, and we think it was error to admit it. The accused was there to meet the charge that he was guilty of the murder by being present and assisting in it; not the charge of knowingly concealing a murder committed by some other person. Taking the testimony of the witness as true, the offense of the father in covering hi^son’s crime was only a misdemeanor under the statute.
The defense rested mainly upon the alibi, as in the Edwards case; but there were, some features of both cases which we shall notice here. Witnesses outside of the family of the Roses, and who were not shown to have had any connection with them, testified that they knew John B. Rose to have been confined to his room with illness from Sunday, March 26th, to Friday, the 31st; that George Rose was hauling wood on Thursday, the 30th, in the forenoon, from back of the hotel in South Bend to the hotel, and in the afternoon, among other things, went on an errand to the stores, to get ham for a dancing party to be given the school mistress on Friday evening; that in the evening of the same day, from after supper time until late, Frances, the school mistress, George and another young man were in the kitchen making cakes for the party; that on Fri
In response to the testimony of the defense, above epitomized, George gave a flat denial wherever Thursday was included, and also denied having bought the bottle of whisky, and his having been seen on Sunday night. On the day after George made his last written statement, which implicated his father, Gibbons and Edwards, counsel for the defense, having heard that he had made such a statement,
“ I done it myself, and I will just tell you how it was. The school ma’am left here Sunday, the 2d day of February. I was feeling a little blue, and I got full that day. I stayed around town till almost dark. Kept drinking all day. About dark I got a quart bottle of whisky, and started for the farm. Going down to the farm I made up my mind to kill Frederickson. I went to bed that night, and got up in the morning with my head feeling pretty bad. I remember that I had made up my mind to kill Frederickson, and then thought I would not do it. I drank all of the quart bottle of whisky that I had brought down with me during the first two hours after I got up, and then made up my mind that I would kill Frederickson. I was drunk, or I would not have done it. I took the shotgun, and put two cartridges into it, and three more into my pocket, which was all the cartridges I had for the shotgun. I then went to Frederickson’s house and told Frederickson that a calf had got its leg between two logs, and that I could not get the logs apart alone, and that I wished he would go with me, and help get the calf out. He went with me. I.was ahead, and he followed after me along the trail. When I got over the log where Frederickson’s body was found, I turned around, and Frederickson was just getting onto the log. I said, ‘ Look here, Frederick-son.’ I had the gun all ready, and, as he looked up, I fired. The charge struck him just below the eye. He dropped down dead. I looked at him a minute and thought that was a pretty tough way to do business. I started for home, and I thought I had better do some more shooting, to make people think that I was out hunting; so I shot away the rest of the cartridges I had with me. This was before dinner. I waited around the house an hour or two. I then thought I would have to kill Mrs. Frederickson, because she had seen Frederickson go away from the house with me, and when he didn’t come back, there would be trouble. I had no more cartridges for the shotgun, so I took the rifle and put a cartridge into it, and several more in my pocket, and went down to Frederickson’s house, and*319 told Mrs. Fredericksou he had broken his leg, and that I could not get him home; that he wanted her to come right up to the house. She put on her rubber boots and started along with me. When we got up near our hog-pen she seemed to think something was wrong, and she said she would not go any further until I told her what I had done with her husband. I told her I had killed him. She said if I had killed her husband I might as well kill her, too; so I took the rifle, and held it close to her temple. She never moved a muscle. I fired, and she fell dead. I then took the gun back to the house, and waited until almost dark. I made up my mind it was a bad job, and that there had got to be something done; so I went and buried Mrs. Fredericksou under the manure pile at the hog-pen. I went into the house, and stayed there all night. Next morning I went out to where Frederickson’s body was, and buried it just where it laid. I then went to South Bend and told the folks that I had seen the Fredericksons leave in a dingey. That shortly after they left there came up a terrible squall, and after the squall was over I could see nothing more of the dingey, and I thought the dingey had got swamped, and they were drowned. After I had killed Frederickson I took what money he had out of his pocket. There was $>59.50. It was out of that money I bought several chances in the sealskin raffle. Father asked me where I got so much money, and I told him that the South Bend Land Company owed me for work that I had done for them the fall before, and that they had paid me.”
And being asked why he had made the statement implieating the others, he said that he had told the authorities the story repeated above, but that they said if he persisted in telling that story they would have nothing more to do with him; that they knew that the other parties arrested were implicated in the murder with him; and that if he told the truth and implicated the others they would do all they could.
In this case, as was before remarked, the corroborative testimony was even weaker than in the Edwards case. The father may have been agitated over his son’s arrest for
Dissenting Opinion
(dissenting). — I dissent. All the reasons'given for dissenting in the Edwards case, ante, p. 291, are applicable here. The record discloses no error in law, and the basis for a reversal can only be upon the insufficiency of the evidence. The juror, Joseph Kaiser, spoken of, said he could give the defendant a fair and impartial trial upon the evidence, and the defendant’s peremptory challenges were not nearly all exhausted. No point was raised by appellant as to the proof of his statement, made at the preliminary examination, that he knew George committed the