79 Mo. App. 243 | Mo. Ct. App. | 1899
The defendants were tried and convicted in the court below for having conspired together to kill one Haggerty. This under our statute (section 3780, Revised Statutes 1889), is made a misdemeanor.
The record is voluminous and we shall make no effort to detail the evidence. It may be stated however, that it tends to establish a strong and convincing case against the defendants, each and all of them. Mrs. True Nell and Haggerty, it seems, had some trouble in relation to a mining claim at or near Joplin. The woman conceived the idea of “doing away” with Haggerty, as the witnesses term it, and engaged the cooperation of the defendants Mat and Harry Doherty. "With this in view the evidence tends to prove that several desperate characters were approached and efforts were made to have them killHaggerty. One of these was to waylay Haggerty at a point where he was in the habit of passing in the night time and shoot him; another was to engage him in an affray on the street, and still another was to throw him into a mining shaft. Only one of these however, ever approached execution. Mike Marrs (known as “Big Mike”) assaulted Haggerty on the street beat him badly, and which might have resulted seriously had not others interfered.
At the trial in the circuit court the defendants were found guilty, a small fine of one dollar was imposed on each, and from the judgment they have appealed.
Objections, too, relating to the admission of evidence have been examined and found without merit.
This case was twice tried in the circuit court and with the same result. It would seein best to put an end to the litigation unless some really substantial and prejudicial error is shown by the record. This we do not find, and the judgment therefore will be affirmed.