People v. Cain
| Citation | 206 N.Y. 202,99 N.E. 566 |
| Parties | PEOPLE v. CAIN. |
| Decision Date | 01 October 1912 |
| Court | New York Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Court of General Sessions, New York County.
John Cain was convicted of first degree murder, and he appeals . Affirmed.
Terence J. McManus, of New York City, for appellant.
Charles S. Whitman, Dist. Atty., of New York City (Robert C. Taylor, of New York City, of counsel), for the People.
The indictment charged the defendant with killing one Saxon Serrell with a knife on the 17th day of May, 1911, in the city of New York. He is a negro of a low order of intelligence, about 36 years of age, and, in so far as is known, has no living relatives. He came to New York in the year 1898, and was employed in various hotels and apartment houses as bellboy. On October 19, 1900, he entered a plea of guilty to manslaughter upon the charge of killing one Richard Bell, in an altercation on Broadway between Thirtieth and Thirty-First streets in the city of New York, and was sentenced to a state prison for a term of 14 years and 3 months. While in the state prison at Ossining hallucinations of a persecutory type developed, and he was transferred to the state hospital at Dannemora and there remained until the expiration of his term of imprisonment, when he was discharged. He then returned to New York and engaged in the occupation of a traveling valet or clothes presser, earning good wages, and continued such work until the 17th day of May, 1911. On that day he finished his work about 8:30 in the evening, dined at a restaurant in Fortieth street, and then walked over to Sixth avenue and Forty-Second street, where he took a north-bound elevated train for his home on West 133d street. He did not enter the car, but remained on the rear platform of the second car. He carried an umbrella in one hand, and in the other he held an unlighted cigar. Upon the opposite platform stood two white men, who spoke to the guard, or the man who tends the platform gates, and asked him how it was that he permitted a ‘nigger’ to smoke when he prevented white men from doing so. The guard then turned and looked at the defendant and remarked that he was not smoking, that he was all right, and then continued to give his attention to his business. This question appeared to have annoyed the defendant, and from that time on a conversation was maintained between him and the two white men, which the guard was unable to hear by reason of the noise of the train. It, however, appears that one or more blows were exchanged between the white men and the defendant, prior to the train's arrival at the 104th street station. At that station the white men left the train, and in doing so attempted to strike the defendant again. They passed out onto the platform of the station, and then called back, stating, in substance, that, if he wanted to fight, come on, and they threatened to throw him over the platform. He thereupon drew a knife from his pocket, crowded by the conductor, and passed out upon the platform. In the meantime the two white men had run down the stairs and disappeared in the crowd. The defendant then continued on down the stairs, holding the knife in his hand, and as he did so another person blew a police whistle. About the time that he reached the street he called out: ‘My name is John Cain; I am some when I get going, and I am going to start’-or words to that effect, as appears from the testimony of the witnesses. Shortly after, one Leo J. Hickey, who was then behind him, threw his arms around the defendant, holding his arms tight, so that he could not use his knife. About the same time Officer Lawlor came up in front and ordered him to drop his knife, and struck his arm two or three times with a policeman's club. It appears, however, that the last blow fell upon the knuckles of Hickey's hand, causing him to let go of the defendant, who thereupon closed in with Lawlor, and they both fell to the ground. At about that instant a pistol shot was fired, by whom is not disclosed by the record, and thereupon the defendant jumped up and started to run away toward 105th street. He claimed to have been hit in the shoulder, but was probably mistaken in this, for it appears that this bullet took effect in another bystander. By that time a large crowd had assembled in the street, and apparently they all joined in the chase, calling out, ‘Shoot him!’ ‘Stop him!’ ‘Look out for him; he's got a knife!’ and various other expressions. Mr. Serrell, the decedent, was in Penn's stationery store writing. Hearing a noise outside, he stopped his writing, and ran out of the door onto the sidewalk, between two showcases that were standing outside upon the walk. He apparently reached the corner of the showcases at about the instant that the defendant was passing on a run, and as he passed he gave Serrell a stab in the chest, which shortly after caused his death. The defendant did not stop, but continued on, running upon the sidewalk and in the street, apparently wherever he could see an opening in the crowd, stabbing at those who got in his way or attempted to stop him, while many were hallooing and some were shooting. As he arrived at 107th street two bicycle policemen came up and headed him off, and he surrendered to them and threw down his knife. Upon being arrested, it was found he had received two bullet wounds, one in the leg and the other in the back between the shoulders; and it is asserted that three of the persons stabbed by him died and that six recovered.
The foregoing is but a brief statement of the facts that transpired on the occasion. The witnesses that were sworn upon the trial all agree as to the main facts, but differ widely in the details and as to the transactions that took place in their view. Of course, this necessarily would be the case; for in a large crowd of people, constantly changing in their chase of the defendant, some would see acts that were not seen by others. The defense interposed by the defendant's attorney was that of insanity, and...
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