172 Mo. 430 | Mo. | 1903
On October 25, 1901, the grand jury of St. Louis preferred an indictment against Sampson, alias “Bud,” Gray for the murder of George Jones, in said city, on the night of the ninth day of June, 1901.
The deceased and defendant and his co-indictee, John Pitts, were all negroes. The deceased and the defendant were laborers in the employment of the Howard & Evans Clay Pipe Company, near Macklin avenue, in St. Louis. On the morning of J une 10,1901, the dead body of George Jones was found lying about two hundred feet east on Macklin avenue, and about
The evidence fails to disclose, under the most rigid cross-examination, any flattery of hope or torture of fear to obtain the confession. The defendant stated that Pitts had seen Jones with considerable money and a watch, and as it was a custom of deceased to sleep with defendant in the neighborhood of the sewer pipe works, they conspired to kill him to get his money. It was first agreed that defendant should sleep with Jones that night, and leave the door unfastened and in the night he was to give a loud cough as a signal for Pitts, to come into the room and kill deceased while asleep. Defendant, however, became afraid'that Pitts might strike him instead of deceased, and they abandoned that plan. They then hit upon the scheme of enticing him from the house and killing him by striking him from the rear with a bludgeon. Accordingly they prepared themselves with ¡a pistol, which they secreted, and with a lead pipe. Defendant went to the temporary apartments where deceased was then lodging; hé told him that there were some women who wished to see him and they repaired to the designated place. It had been agreed that Pitts should strike the deceased with the leaden pipe; but Pitts feared to do this, and because of his hesitation, the defendant drew his pistol and
Tbe evidence on behalf of tbe State showed' tbat tbe defendant bad given tbe watcb to one Annie Miller, and by ber direction it was found in a pawnshop, recovered and identified by tbe wife of tbe deceased as belonging to ber. She identified it by number and otherwise. Tbe confession was also corroborated by tbe finding of tbe pistol in tbe bands of a woman to whom be said be bad given it. Tbe wife of tbe deceased testified tbat be bad one hundred and fifty dollars on bis person when be left home on June 9th.
Tbe defendant offered no evidence on bis part, nor did be offer any instructions.
But a single objection was made to tbe introduction of testimony, and tbat objection was sustained. Of course, it follows tbat no exceptions were taken to tbe admission of any testimony by tbe court, and in justice to counsel for defendant, it may be said tbat.no exceptions were warranted. Tbe evidence introduced was relevant, material aúd very conclusive. As tbe indictment is challenged,, it is reproduced here.
“Tbe grand jurors of tbe State of Missouri within and for tbe body of tbe city of St. Louis, now here in court, duly impaneled, sworn and charged, upon their oath present, tbat Sampson, alias ‘Bud,’ Gray and John Pitts, on the ninth day of June, in tbe year of our Lord, one thousand nine hundred and one, at tbe city ■ of St. Louis aforesaid, with force and arms in and upon one George Jones in tbe peace of tbe State then and there being feloniously, willfully, deliberately, premeditatedly and of their malice- aforethought, did make an assault; and tbat tbe said Sampson, alias ‘Bud,’ Gray and John Pitts a certain pistol then and there charged with gunpowder and one leaden bullet, then and there feloniously, willfully, deliberately, premeditatedly and •of their malice aforethought, did discharge and shoot off, to, at, against and upon tbe said George Jones;
I. The indictment is in all essentials identical with the one which we have this day approved in State v. Henry Wilson, 172 Mo. 420, and for the reasons advanced in that ease and without repeating them, the indictment must be held to be sufficient and the criticisms of it unavailing.
II. As already said, there was no evidence tend-ing even to overcome the prima facie case made by the State, that the' confession was obtained without the hope or flattery of reward and without being extorted by fear. It was, moreover, strongly corroborated by evidence aliunde.
in. The motion for new trial was accompanied by an affidavit that during the recess of the court, the widow of the deceased, just before the convening of
The evidence fully established the guilt of the accused, and the verdict of the jury is abundantly sustained by the evidence. The instructions were such as have often met our approval, and the judgment is affirmed, with directions that the sentence of the law be carried into execution.