255 Mo. 273 | Mo. | 1914
On his trial in his direct examination he stated that he did not know his age; that the people who “raised” him said that he was thirty-eight years old; that he was raised by Samuel Schrum. That he was an orphan and never knew any other name until he was married, when they told him that his name was Laws. That he sometimes went by the name of Sink, which was his mother’s name before she was married. He had been married seventeen years.
Harvey Schrum is a son of the defendant’s wife, whose maiden name was- Thurman, and she testified “Harvey Schrum or Harvey Thurman is his name.” When she was asked Harvey’s age, an objection by defendant was sustained.
Nellie Schrum, a daughter, sixteen years of age, was at home with the mother. The mother and daughter and several other witnesses in the neighborhood testified that on Tuesday morning before the killing, which was on Saturday, in the absence of the defendant, Hall and Gibson appeared at the home of the defendant and scurrilously abused the wife and daughter, making lascivious proposals to the wife, saying that they had a dollar for her and. for her to meet them in the wood, as she had done before, and made threats against the defendant. That evidence was not contradicted.
Mrs. Schrum testified that she then sent for her husband to come home, and that on Thursday morning between ten and eleven o ’clock, Gibson, with a gun on his shoulder, passed her house and looked and pointed at it and laughed like he was going to shoot in the house.
Thursday evening defendant and Harvey got home and were told by Mrs. Schrum what Hall and Gibson had done. Shortly after, the defendant and his daughter appeared at the home of Wm. Thurman, who lived in the immediate vicinity. He had a pistol with him. He and his daughter testified that his purpose in going there was to sell chances on a revolver that he was raffling off. Thurman and his wife testified that he said, “We are out hunting for these fighting people,” and Thurman also testified that soon after defendant left he heard sounds of trouble in the direction of Gibson’s house and heard a voice like defendant’s
Defendant and Harvey on Saturday morning went to the lake with their guns, in company with Mr. Lowe. Gibson, Hall, Mr. Forsbee and Hale were at the lake on the levee; Forsbee and Hale were fishing. As the ■defendant and Harvey approached the dam, Hale said, ‘ ‘ There comes the Sebrum boys and they have got their guns,” and Gibson said, “All right.” Gibson and Hall were sitting on the slope of the levee. Hale was called to breakfast and started to bis bouse about 120 feet away. Hale testified that be said to the defendant, “You’ve a fine looking gun there; there’s some fishing down at the falls that you can get pretty easy, ’ ’ and the defendant answered, “Yes, I’ve a couple of fish I am going to get on my string damn shortly.” Forsbee stated that at that time Gibson bad a gun which was lying on the levee about three feet from him. At that time there was a dog fight, which all parties assisted in quelling, and Gibson resumed bis seat on the levee slope, while Hall and Sebrum were standing on the top. Forsbee testified that after a few minutes Jim Sebrum said to Gibson, “ ‘Well, Gibson, we have come after you, we want to settle with you; we are tired of the shooting around,’ and ‘so much shooting,’ something about shooting, so Mr. Gibson said ‘all right,’ and made a move to get up, slowly.
Doctor English, who held the autopsy, testified that both Gibson and Hall were shot in the back with bullets and that Hall bad a large number of small shot in bis back. The defendant testified that be went totbe lake that morning for the purpose of fishing and that, as be passed Hale, Hall said, “Jim has got a twenty-two and tbe boy has a shotgun, but be won’t use it,” and that Gibson was sitting on tbe rock with a shotgun between bis knees. That Gibson then started to get up and throw bis gun on defendant just as defendant swung bis gun on Gibson, and that defendant then shot Gibson. That Hall then drew a revolver on defendant and that a shot was fired behind Hall, but by whom defendant could not say. That as tbe boy shot Hall, Hall turned bis back and be then shot him in tbe side just as Hall was turning from tbe defendant to tbe boy.
There were instructions for murder in tbe first degree and self-defense and all other instructions usually given. An instruction on murder in tbe second degree asked by defendant was refused. Tbe court properly instructed on good character, and refused an
We affirm the judgment and direct that the sentence pronounced by the trial court be executed.
The foregoing opinion of Roy, C., is adopted as the opinion of the court.