73 Vt. 205 | Vt. | 1901
The respondent in August, 1899, lived in Greenfield, Massachusetts. His wife, who had left him the previous April, resided with her mother, Mrs. Marietta Brown, at East Middlebury. Mrs. Brown’s daughter, Inez, was the
The testimony relating to the assaults at East Middlebury was admitted under objection and exception and it is claimed that it was not admissible, for “that the charge upon which the respondent is being tried cannot be supported by proof of his having committed other offenses.” Mr. Justice Stephen in his Dig. of Ev. 2nd Am. Ed. (1898) 357 note vi. states the mean
It is evident that the respondent’s intention in going to Middlebury was what he stated to Mrs. Brown, to break up the family. The testimony tended to show that Mrs. Brown objected to her daughter’s marrying him, that he thought the family did not treat him as they should, that they were unfair to him, that he and his wife had separated, but a few months before, and against his wishes, that he was not as cordial with the Fenns after the separation as before, that he thought the whole family never liked him very well, and were not ’as friendly to him as they ought to have been. The testimony also tended to show that the respondent had the intention to kill himself as a finale to the tragic affair, which is evidenced by the gift of his trunk to his step-mother with whom he stayed when at Middlebury, the line to her found in his satchel reading “Mother, this is the check to my trunk at the depot. It is yours. Fred.” It is apparent that he intended to kill them all and such naturally would be the probable effect of the shooting. The ball which wounded Mrs. Brown “just escaped her heart,” he shot his wife “and she fell” the ball passing through her lungs and the wound was dangerous. When he shot Mrs. Fenn the
The respondent’s going to East Middlebury, his acts there, his return to Middlebury and the shooting of Eenn and his wife were all parts of a single, continuous transaction which was the breaking up of the family of Mrs. Brown, and that some of the facts indicate distinct and separate crimes did not render the testimony objected to inadmissible. This holding is well supported by the case of State v. Kelley referred to by the respondent’s counsel; we have already noted thé cases of Aiken v. Kennison, and State v. Totten. These are the only authorities cited in support of the claim in respect to the admission of the testimony. The first case fully supports the admission of the testimony objected to, and there is nothing in the last two cases antagonistic to it. In the Kelley case the respondent and an accomplice started with a horse and wagon upon an expedition of several hours duration with the intent to steal almost any article which came within their vision, and did so until their wagon was well filled with baskets, butter tubs, a robe, whip, bridles, blanket, bag of meal, a monkey wrench, a dead duck, and two lap-robes; the respondent was tried for the larceny of the two lap-robes and he objected to the testimony showing the othe(r fourteen larcenies committed on the same expedition. The testimony was admitted and this court held properly upon the ground that testimony to show other like offenses is received when it is necessary to prove a knowledge of the character of the thing in respect to which the act is done — -e. g. the passing of counterfeit money, or, the receipt of stolen goods. The respondent’s intent was to break up the family of Mrs. Brown by shooting the differ
The testimony apparently shows great premeditation on the part of the respondent in regard to the crime. He left the train at Salisbury instead of Middlebury, he made inquiries at Salisbury about East Middlebury and was told that he was about as near East Middlebury as he would be at Middlebury, and a team was offered to carry him, but he said he would walk to Middlebury to punish himself for being such a fool as to leave the train at Salisbury. He evidently did not intend to begin his acts of shooting until after dark. He went from Salisbury to Middlebury, an ordinary walk of two hours, and must have been in Middlebury at about five o’clock but he remained at some place until seven o’clock when he went to his step-mother’s where he had suppelr and left Middlebury after dark and as the testimony of both his step-mother and the livery stable keeper shows he went therefrom after eight o’clock. It was somewhat later in the evening when he arrived at East Middlebury and after the shooting at Mrs. Brown’s he returned driving rapidly to Middlebury at which place he committed the act of which he has been convicted.
Upon inspection of the record the court are of opinion that judgment ought to be rendered upon the verdict and it is so ordered, and it is ordered that sentence and execution thereof be done.