State v. Concelia
| Decision Date | 20 May 1913 |
| Citation | 157 S.W. 778 |
| Parties | STATE v. CONCELIA. |
| Court | Missouri Supreme Court |
Appeal from Criminal Court, Jackson County; Ralph L. Latshaw, Judge.
Joe Concelia was convicted of murder in the second degree, and he appeals. Affirmed.
Defendant was charged by information, in the criminal court of Jackson county, with murder in the first degree, for that, as it is charged, he had killed an unknown man, designated in the information as John Doe. The jury having found him guilty of murder in the second degree, and having assessed his punishment at imprisonment in the penitentiary for 20 years, he prosecutes this appeal.
The facts in this case are few and simple, and upon the facts alone the case must stand or fall. On the night of March 23, 1912, at Kansas City, there was a snow of great depth, varying in that behalf, as the witnesses aver, from 18 to 24 inches. On the morning following, at an early hour, an unknown man was found dead on the sidewalk in front of 542 Campbell street; this point being near Missouri avenue, on which avenue certain flats, which play an important part in this tragedy, were located. An examination of the body revealed three wounds, two of which were in their nature mortal. One of these wounds was on his left side, seemingly from the cut of a large, sharp knife, which penetrated the lung and produced a hemorrhage, from which, evidently, the man had died. One of the gunshot wounds was in the face of the unknown man, evidently penetrating the brain, and was in itself alone sufficient to cause death. Deceased was dressed roughly; his coat was of heavy duck or canvas, fleece-lined with sheepskin; he wore felt boots, over which heavy rubber overshoes were drawn. His pantaloon pockets were turned inside out and no money or evidences of identity were found on him. His condition indicated that the motive for his killing was robbery. The finding of the unknown, the manner of his death, and the inability, which still persists, to identify him, constituted a mystery, which induced much comment in the papers of Kansas City for a number of days. The police investigated, but for more than a week were unable to obtain any information of the man or of the manner of his death. About the 5th of April they were informed that the deceased, in company with defendant, who was locally known as "St. Louis Joe," at about 1 o'clock on the night of the homicide, had visited a house of prostitution kept by one Toll Arnold, that deceased and defendant came to this house about 1 o'clock on the morning of March 24th, and that they remained therein about an hour, leaving the house together at about 2 o'clock. While in this house, deceased was entertained on two different occasions by two different inmates of the place. He had bought some beer, and spent 20 cents in a music box or piano, spending there all together some $3.20. During the whole of this time defendant remained in the parlor or reception room, but was not entertained by any of the inmates, and spent no money. While in the house deceased made inquiry as to where he could obtain a bed. He was offered accommodations at this house, but, deeming the price quoted exorbitant, he asked the keeper of the house where he could find a cheap bed, and was, among other places, directed by her to a certain livery stable, where some Italians were rooming. Later, in this house, he exhibited a pocketbook, in which, in addition to the silver money with which he paid his reckoning, there was certain paper money, the amount of which is not disclosed. The evidence does not definitely show that defendant saw this money, though the pocketbook which contained it was exhibited and opened in the room in which defendant sat at the time. While in the house deceased made some inquiry as to the whereabouts of one Jack Murphy, against whom he made threats, and who, he said, was entertaining illicit relations with the wife of deceased and having her come to Kansas City to visit him, the said Murphy. Deceased was informed that Murphy had been, up to a month before, in the saloon business on Fifth and Grand avenue, but that he had quit this business, and his whereabouts were at the time of the inquiry unknown. So far as the record before us shows the whereabouts of Murphy continues to rest in darkness.
Upon the information set out above reaching the police they began a search for defendant, whom they had considerable difficulty in locating, for the reason that his real name was not known to them, they being advised only of the name of "St. Louis Joe," by which he was known to the keeper of the bawdyhouse. Later he was found, and upon being questioned as to his whereabouts on the night of the homicide, told the police that he had gone to bed early on that night; that he slept over on Holmes street at the Northern Hotel. Defendant further denied that he had ever seen the dead man, or any man dressed as the dead man was described to him as being dressed, and further denied that he had ever been with deceased. Later in the examination by the police of defendant, on being confronted with the statements of the inmates and keeper, he admitted that he had been with deceased at the house of Toll Arnold, but he stated that upon leaving this house he had directed the deceased to a hotel, and had left him about the corner of Fifth and Grand avenue, going himself immediately to the Northern Hotel, where he went to bed.
The testimony, which is at no point as clear as it might be, and, as it seems to us, as clear as it might have been made, tends to show that defendant at the time of the homicide was living with his cousin at 825 Missouri avenue, in one of a row of flats located on this street. These flats are some eight blocks from the bawdyhouse, which deceased and defendant admittedly visited. The first one of the flats in question, which is No. 815 Missouri avenue, corners on the alley; at this corner and in the opening of this alley, a large amount of blood was discovered on the snow, and there was evidence of a scuffle. Thence this blood trail led south along the sidewalks and close to the walls of the row of flats, in one of which defendant lived, through the hallway between 827 and 829, out the back way, and down the sidewalk to Campbell street, where deceased was found murdered. The trend of the testimony indicates that deceased was killed about 3 o'clock on the morning of March 24th, since a Mrs. Phemister, who was a witness in the case, says that about the hour mentioned she heard two muffled pistol shots somewhere out in front, and that she, a moment afterward, heard some one running through the passageway between flat 827 and 829. The runner, from the sound of the foot-falls, seemed to have on rubber overshoes, and was screaming, "Help!" "Murder!" and calling the police.
Upon the trial defendant, who testified for himself, says that he first saw defendant about 1 o'clock Saturday morning; that he met him accidentally on the street, and was asked by deceased to direct him to a house of prostitution, and thereafter he went with the deceased to the house of Toll Arnold, and for this service the deceased paid him 50 cents. Defendant's statements as to the occurrences in this house differ in no material respect from what has already been set out. Upon leaving the house at about the hour of 2 o'clock, defendant says that he was asked by the women to show deceased a rooming house; that he started with him for this purpose; that deceased expressed a desire to find one Jack Murphy, whom deceased had accused of running away with his wife. Defendant says that he endeavored to dissuade him from seeking Murphy that night, and that he thereupon pointed out to him a rooming house, left him, and went to the De Moore Hotel and went to bed.
In the signed statement made by defendant he had at first denied any knowledge whatever of deceased, and stated that he had slept on the night of the murder at the...
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