Jackson v. State

Decision Date06 June 1891
Citation19 S.W. 118
PartiesJACKSON v. STATE.
CourtTennessee Supreme Court

A. H. Douglas, for plaintiff in error. Atty. Gen. Pickle, for the State.

LEA, J.

On December 31, 1889, the plaintiff in error shot and killed R. T. Myrick in Shelby county. He was tried in the criminal court of Shelby county, convicted of murder in the first degree, and has appealed to this court. F. A. Myrick and W. A. Myrick, brothers, were farmers, living on the same tract of land, but in different houses. They had several tenants. The Jacksons were living on their farm about one and one-quarter miles from them. The Myricks had rented a portion of their land to Luther Hill and Sam Tilgman, and they had subrented about 20 acres to Tom Jackson, the father of the defendant. The proof is conflicting as to whether the father or father and son rented the land, but the weight of proof is that the father, Tom Jackson, rented the place, and that he and the defendant were to work it, together with a small brother and sister of the defendant. The rent to be paid was one-half of crop, and the Myricks were to furnish supplies. Hill and Tilgman had not paid the rent to the Myricks, nor had the supply bill been paid by the Jacksons. On Friday or Saturday, December 27th or 28th, before the killing on Tuesday, the Myrick brothers went on a visit to Collierville, and returned on the night of the 30th. On the 27th the defendant went to Memphis, and swore out an attachment against the property of his father, alleging he was indebted to him in the sum of $100, due by note for work and labor done. On the 28th the attachment was levied upon the cotton and corn of Tom Jackson, and trial set for the 30th. On the 30th Tom Jackson confessed judgment, and waived notice, agreeing to an instanter sale of the property attached. On the morning of the 31st W. A. Myrick took his gun and bird dog, and started over to show a tenant where to build a house, and went by his brother's, who went with him, taking his gun. They passed by, and told Hill and Tilgman to take the wagon over and haul the cotton from Tom Jackson's field to the gin. This was early in the morning. They went to Britton's, and directed him where to put his house. Britton lived in an opposite direction from Jackson's. They, after hunting through the fields and woods, went in the direction of Jackson's house, when the wagon came along, and Hill and Henry Wade were in the wagon and Sam Tilgman was walking; and, seeing no cotton in the field, they went on to the house of Tom Jackson, where they arrived between 10 and 12 o'clock A. M. Hill and Tilgman were not informed of the attachment of the cotton by the officer, but Tilgman had heard some rumor of it; and, as he went on with the Myricks that morning in the direction of the Jackson's, told them that he had heard that Jackson had attached his cotton. Myrick inquired of him: "What in the world would be attach his own crop for? That is only some talk among you colored people." The proof does not show that the Myricks knew of or had heard of any attachment other than as above stated. On the 29th the cotton had been hauled from the field to the house of Jackson, by order of the officer, and placed in one of the rooms, and one John Johnson placed in charge of it. The house in which Jackson lived consisted of two log rooms, and a hall between the rooms. There was only one door in each room, which opened into the hall. There was a small window in the family room. There were one or two blocks used as steps up to the hall, the floor of which was about 18 inches above the ground. When about three or four hundred yards from the house of Johnson, the Myricks met a little sister of the defendant with a note to the Myrick brothers. She stated that she had started to their house with the note. It was a note from Thomas Jackson, written by the defendant. The note was: "December 31, 1889. Mr. Myrick and Brother—Sirs: Please send down and get your twenty bushels of corn; the balance is expecting to be sold. THOMAS JACKSON." R. T. Myrick, W. A. Myrick, and Sam Tilgman went on up in the yard. Thomas Jackson and John Johnson alone were standing in the hall. R. T. Myrick's shoe being unfastened, he placed his foot upon a log or block, and was in the act of tying his shoe, and, after the salutation of "Good morning," either by Myrick or Tom Jackson, Myrick inquired "where the cotton was that had been picked before we went to Collierville; we thought we would come down and get everything straight." The old man pointed to one of the rooms, and remarked, "All right;" and W. A. Myrick and Tilgman say just at this time, while R. T. Myrick was thus bending, having his gun on his lap, pointing out to the side, the defendant poked his gun through the door, only partly opened, and fired, and R. T. Myrick fell dead, with his head towards the hall, and his gun under his body, or rather under his legs; some of the witnesses say with one hand on the stock of the gun, some say with neither hand on it. The witness W. A. Myrick was then shot by the defendant through a hole under the window, which was shut, and his jaw-bone broken, and one eye put out, and was badly wounded about the throat. Myrick and Tilgman then left, as did Hill and Wade and one Thomas, who left just before the shooting commenced. Hill and Wade, who were with the wagon, did not get nearer than 60 or 70 yards of the house. Myrick was shot with a shotgun loaded with buckshot, and so was W. A. Myrick. The gun which the deceased had with him was a breech-loading gun. It is conceded by all the parties present that deceased was shot in the forehead and killed at once; that he fell forward on his stomach, and died without a struggle.

It is important, to correctly determine this case, that we take the statement of all the witnesses to the shooting. We have given the statement of W. A. Myrick. Sam Tilgman, a colored man, says: "As we walked to the door, old man Jackson and John Johnson were standing in the gallery, and Mr. Myrick said, `Jackson, where is that cotton?' Jackson said, `It is in the house;' and, by the time he said that, Andrew Jackson said, `Is you come to haul it?' and pulled down on Mr. Myrick. He shot out of the door, which was partly opened. At the time he was shot he was standing with his foot upon a block, and his gun was lying across his arm, the muzzle not in the direction of the house." Luther Hill, another colored man, says he was with the wagon...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT