State v. Williamson
| Decision Date | 30 June 1891 |
| Parties | The State v. Williamson, Appellant |
| Court | Missouri Supreme Court |
Appeal from Pettis Criminal Court. -- Hon. John E. Ryland, Judge.
Affirmed.
John M Wood, Attorney General, George F. Longan and R. W. Prigmore for the State.
(1) The plea in abatement could not avail defendant. R. S. 1889 secs. 4067, 4068. Even if the statutory objections had been made, they would not have been of any avail at the time they were made. State v. Holcomb, 86 Mo. 371; State v. Turlington, 102 Mo. 642. (2) The jurors to whom objections were made were competent. State v Walton, 74 Mo. 270; State v. Cunningham, 100 Mo. 382; State v. Brooks, 92 Mo. 542; State v. Greenwade, 72 Mo. 298. The finding of the trial court as to the qualifications of the jurors will not be disturbed unless the error is manifest. Thompson & Merriam on Juries, sec. 258; State v. Brooks, 92 Mo. 542. (3) The evidence as to the disappearance of Chas. Moore, the finding of his body, the contradictory statements made by defendant as to his whereabouts and his confession as to the killing of both were admissible to prove intent and motive for killing Jefferson Moore. It tended to prove the commission of the crime charged. State v. Myers, 82 Mo. 558; State v. Harrold, 38 Mo. 496; State v. Greenwade, 72 Mo. 298; State v. Bayne, 88 Mo. 604. (4) The court did not err in refusing to allow Mrs. Sampson to give her opinion as to the sanity or insanity of defendant, as she had not had "adequate opportunity of observation and judging of capacity." Baldwin v. State, 12 Mo. 223; Appleby v. Brock, 76 Mo. 314; Moore v. Moore, 67 Mo. 192; Turner v. Railroad, 23 Mo.App. 13; State v. Erb, 74 Mo. 199; Kerr on Homicide (1891), secs. 482, 483. (5) The proof need not correspond strictly to the averment either as to the means used in the commission of the offense or the manner of using them. 9 Am. & Eng. Ency. of Law, p. 633; Kerr on Homicide, sec. 256, pp. 290, 291; State v. Weddington, 9 S.E. 577; Rogers v. State, 50 Ala. 102; Long v. State, 36 N.W. 310.
The defendant, Thomas Williamson, was indicted at the November term, 1890, of the Pettis county criminal court, charged with murder in the first degree, with having on or about the twenty-fifth of May, 1890, killed and murdered Jefferson Moore by striking him on the head with an axe. Counsel were assigned him by the court.
He filed a plea in abatement to the indictment based on the ground that he was not afforded an opportunity of challenging the grand jury. He alleged none of the statutory grounds of challenge to any member of the grand jury. The plea was held bad and overruled by the court. Defendant was duly arraigned and entered a plea of "not guilty." The cause was continued from November to the third of February, 1891. On that date, both parties announcing ready, the court proceeded to impanel a jury. The defendant challenged the following jurors on the panel of forty, to-wit, A. P. Hyatt, Jacob J. Farmer, who were selected and served on the jury of twelve; also W. J. Mann, Richard Taylor, Clinton H. Oliver, Henry J. Dehmey, Joseph T. Davidson, Hugh W. Anderson and Joseph E. Turner.
On their voir dire, Hyatt answered, C. H. Oliver answered, he had formed and expressed an opinion; it was based upon the account of the killing he had read in the newspapers and from what he had heard others say. Didn't read coroner's inquest; would take evidence to remove the opinion he had formed on newspaper accounts and rumor. He could give accused a fair and impartial trial without prejudice.
Richard Taylor: "He had read all the accounts of the killing in the newspapers, also evidence at coroner's inquest; from what he had read in the papers, and from general rumor, had formed and expressed an opinion; take some evidence to remove same; didn't rely much on newspaper report; could give accused fair and impartial trial."
Joseph E. Turner said:
Henry J. Dehmey: "Did not read account in papers; talked with others who had and who related facts as they understood them; had formed opinion and would take evidence to remove it; couldn't say whether I'd favor one side or the other."
Hugh W. Anderson: "Read some in papers; not account of coroner's inquest; from what I read and general rumors, formed opinion; never talked with any witness or anyone who related the facts; would take evidence to remove opinion; could give accused trial without being biased by anything I have heard or read."
Joseph T. Davidson: "Didn't read account in papers; talked with others about killing; not any of the witnesses; no one related what purported to be the facts; formed opinion from general rumor, and suppose would take evidence to remove same; don't put much stress on reports; rely more on sworn testimony."
Jacob J. Farmer: "Had not formed or expressed any opinion as to the innocence or guilt of the defendant."
W. J. Mann stated: "Formed an opinion as to guilt or innocence of accused from newspaper account and general rumor; take evidence to remove same; could give accused fair and impartial trial according to evidence."
The jury having been selected, the facts as detailed in evidence show that Jefferson Moore and Charles Moore, father and son, Jefferson Moore being the father, had for some time prior to the killing lived upon a small farm owned by one of them, and being some four miles south of Sedalia on what is known as Flat creek; that they lived alone, keeping "bachelor's hall," and that about the day of March, 1890, the defendant was employed by them as a farm hand, and from that time to the time of the killing lived with the two Moores, no one else living on the farm during that time; that about the fifteenth day of May, 1890, Charles Moore, the young man, disappeared, and was missed by some of the neighbors; that in a few days afterward Jefferson Moore disappeared, and was missed by the neighbors; that in a few days after this the neighbors became suspicious, and began making inquiries as to the whereabouts of the two Moores; that the defendant was seen by different people living in the neighborhood, and told different stories as to the whereabouts of the two Moores; that on Monday, the twenty-sixth day of May, 1890, several of the people living in that neighborhood, acting under the advice of the prosecuting attorney, went to the Moore farm to investigate the matter; that at that time defendant was in Sedalia; that in searching the premises they found in an abandoned cellar to the house on the farm, which cellar had no entrance except from the outside of the house, and that, having no door, considerable fresh dirt had been dumped from this entrance, and digging through said soft dirt they found the body of Jefferson Moore lying on the face, and with no clothing except an undershirt; a gunny sack thrown over him, with two large and mortal wounds on the head with the appearance of having been made with a sharp instrument; and on the same day the said parties, making further search in the field, found buried the body of the son, Charles Moore, being about one hundred and fifty yards southeast of the house, and near the place where Charles Moore was last seen alive, chopping timber with the defendant; that the defendant Williamson, on the Sunday night prior to the finding of the bodies, had given to his sweetheart, Becky Arnold, some papers, -- one purporting to be a lease of the farm from Charles Moore, and one a bill of sale of all the stock on the farm from Jefferson Moore, -- and told her he had bought the stock and leased the farm; which said papers, as shown by evidence, the defendant had forged; that he at the same time gave to her a watch which belonged to Jefferson Moore, according to the evidence, and some other articles belonging, according to the evidence, to the Moores; that after the disappearance of the Moores the defendant told different parties that Charles Moore had gone away to get married; that he had seen him in Sedalia, and that Jefferson Moore had gone to the springs for his health, and that afterward he admitted to the sheriff, Ellis R. Smith, that he had killed both Jefferson Moore and Charles Moore.
On the day the bodies of Jefferson and Charles Moore were found, defendant took poison, and came near dying.
The defense consisted principally of a plea of insanity, and much evidence was offered and heard on that plea. It appears that defendant was born and reared in Tazewell county, Illinois; when about twenty-two years old, he had typhoid fever; this disease left him partially crippled in one hand and leg; after he recovered from this sickness, he was irritable and considered generally as weak-minded. When the war began in 1861, he at once enlisted in the federal army in the seventh Illinois regiment; he was discharged six months later on account of sickness; he again enlisted in the one hundred and eighth Illinois regiment, and served till the close of the war.
The depositions of the officers of his company were read to the effect that he was generally regarded as a simple, weak-minded man; he could not be relied on for important service; these officers had not seen him, since 1876, long enough at one time to form an opinion as to his sanity since that time. Witnesses living in Pettis county were examined on the part of defendant and the state as to his physical and mental...
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