Childers v. The State Of Ga.

• Decision Date: 31 January 1874
• Citation: 52 Ga. 106
• Parties: Robert Childers et al., plaintiffs in error. v. The State of Georgia, defendant in error.
• Court: Georgia Supreme Court

52 Ga. 106

Robert Childers et al., plaintiffs in error. v. The State of Georgia, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1874.)

Criminal law. Accomplice. Witness. Evidence. Before Judge Rice. Clarke Superior Court. February Adjourned Term, 1873.

Robert Childers, Derry Crane, alias Derry Harris, Sandy Boothe and Frank Lee, were placed on trial for the offense of robbery, alleged to have been committed upon the person of William T. Green, on May 18th, 1873. The defendants pleaded not guilty.

William T. Green, the prosecutor, testified, in substance, as follows: On the 16th day of May, 1873, about twelve or one o'clock at night, he was knocked down and robbed of $275 00 in United States currency, and one silver watch, valued at $30 00. The robbery took place at the upper bridge *in the town of Athens, Clarke county. As he came over Sandy Creek bridge he was whistling. The distance from Sandy Creek bridge to the upper bridge, where he was robbed, is about one and a half miles. Witness heard murmuring of voices, but did not recognize any of the parties owing to the darkness and the suddenness with which he was knocked insensible. When he recovered he went to Robert Lampkin's, a hotel in the town of Athens, and there told of the robbery.

The principal witness for the State was Charles Lee, colored, an accomplice. He testified as follows: On the night of the robbery I met Sandy Boothe, who asked me when Mr. Green was coming down to pay off the hands. I told him he was coming down in the morning at nine o'clock. Sandy asked me didn't I think me and him could make a "Jack" on him; I told him that I did not want to bother Captain Green; he always treated me like a gentleman. Sandy says: When he comes down he always brings $300 00 or $400 00 with him. Sandy told me to go to Sandy Creek bridge and wait until I saw Captain Green coming, then run back and let him know. After talking awhile I went. I waited until I saw Mr. Green coming, when I went back to the upper bridge, and saw all the defendants, and three others I did not know. As Mr. Green came across Sandy Creek bridge he was whistling. I told Sandy he was coming; I got there about ten minutes before Mr. Green; defendants took me up in their arms and patted me, and said I was the boy for them; Sandy said he knew I was pretty good on a rock; I went in the gully and got a rock. When Mr. Green came up to the bridge, and when about five steps in the bridge, I threw at him, but missed him. Sandy Boothe jumped in between me and him and knocked him down; started to hit him a second time, but was prevented. Sandy struck him on the back of the head; Sandy, Derry and Frank jumped on him and searched him; Sandy took from his pocket $275 00 and a silver watch. Childers was standing in the road with his pistol, and said hewould "shoot any d—d police that would run on him." Sandy called me up and gave me a $50 00 bill *for a $20 00 bill; While Sandy was searching him, Sandy said: "Boys, I believe he is dead; let\'s throw him in the river." I told Sandy I would not do it. I thought they had done enough. Bob Childers came up and got the watch, and put it in his pocket. Mr. Green was knocked down with a persimmon stick, big enough to knock down a cow—about two inches in diameter. When I told them to not throw Mr. Green into the river, Bob Childers told me if I told it he would kill me. We then went across the bridge and tried to divide the money, but could not. All agreed to hide it until morning. Four of the defendants got hold of a rock and turned it over, and put all the money together under it. I gave up the $50 00 given me By the light of a match they looked at the watch and it was a quarter to two o\'clock. They all said that they would keep the money hid three months, and then they would put up a grocery. One fellow was there they called Ben King. They told him that if anything occurred to take the money and hide it. Next morning I went to the rock and found it turned over and the money gone. Witness swore positively to all the defendants. When arrested by the police I told them these facts. Bob Childers told me if I told about the robbery he would kill me. No other such threats were made to me. Sandy struck with the stick nearly simultaneously with my throwing the rock. Childers was not staggering, and I never smelt whisky on him. I know Mr. Hendricks; he guarded me in the station house. I deny telling Mr. Hendricks that I told a lie to the police as to the whereabouts of the money when I was in the station house. I did not tell George Moore in the station house that Bob Childers had nothing to do with the robbery, or was not present. There was some little time after I threw the rock before Sandy struck Green. Green had time to get near the end of the bridge before Sandy struck, after I threw the rock. I was hiding out, and afraid to come into town until night on account of a difficulty I had got into.

S. H. Harper testified that he had charge of Charles Lee as an officer; went with him to the place where he said the moneywas put under the rock. Saw the rock had been *moved. He went straight to the rock without hesitation. Showed him a persimmon stump where a stick two inches thick had been cut.

B. F. Culp testified that he went to see the rock; it had been moved; had a hole under it with green leaves in it. It was a very large rock; one man could not move it; three or four might easily do so. The rock looked as if something had been secreted under it. The morning after Mr. Green was robbed, Sandy Boothe seemed to be very uneasy; Sandy said he thought Charles Lee was guilty of the robbery.

John Cooper testified that the morning after the robbery Sandy Boothe wanted to hire a horse and buggy to go in the country; never had wanted a horse and buggy before in the week. Said he had money to pay for it.

W. S. Holman testified that shortly after the arrest of Boothe, Lee and Harris, he was placed in charge of them and that Robert Childers came into the room and wanted to talk to them. Witness would not permit it. Childers had not then been arrested. He said if he could have a talk to them he could find out something. Charles Lee was in another room.

For Defense.

W. J. Moreton, W. B. Pruitt, Joseph Emerick, R. T. Pit-tard, L. W. Holbrooks, Mat. Davis, Thad. Boyd, M. Beal, Andrew Jackson, Sloan Brown, Ben. Thomas, Charles Hill, and A. L. Mitchell, testified that they knew the general character of Charles Lee; it was bad; he was a thief, highway robber, and they would not believe him upon oath

George Moore testified that Charles Lee told him that Bob Childers was not in the robbery, and had nothing to do with it; don't know that he was exactly sober, but remember what he said.

Mrs. E. Childers, sworn, says: I am the mother of Bob Childers. I remember the night the robbery was committed. Bob was very drunk that evening at 7 or 8 o'clock. I put him to bed about half an hour after he came in. I had not gone to sleep when the cars left at half-past nine. I was up *two or three times during the night. He was on the bed asleep at those times, and was there at daylight. He could not have gone out without passing my door, and I would have heard him. Bob's bed was in sight of mine. I slept some that night.

For The State, In Rebuttal.

James D. Pittard, M. P. Davis, A. T. Luckie and A. S. Dor-sey, testified that they knew the character of Charles Lee. That he was a thief and a robber; nevertheless, they would believe him on his oath.

The jury found the defendants guilty. A motion was made for a new trial, because the verdict was contrary to the law and the evidence. The motion was overruled and defendants excepted

T. W. Rucker; C. D. Hill, by B. H. Hill & Son, for plaintiffs in error.

Emory Speer, Solicitor General for the State.

McCAY, Judge.

Our Code, section 3755, provides as follows: "The testimony of a single witness is generally sufficient to establish a tact. Exceptions to this rule are made in specified cases; such as to convict of treason or perjury, in any case of felony where the only witness is an accomplice, and to rebut a responsive statement in an answer in equity. In these cases (except in treason,) corroborating circumstances may dispense with another witness."

In the case made by this record, which is a felony, the sole witness connecting the defendants with the transaction is one who admits that he was one of the robbers, and there are no circumstances proven by other witnesses corroborating his statement that the prisoners were with him, or that they were connected, in any way, with the commission of the crime. It is contended, however, that as other witnesses do prove there was a robbery, and that the time, place and circumstances *were such as stated by the witness, this amounts to such corroborating circumstances as fulfill the terms of the Code, leaving the weight of these circumstances to be determined by the jury. A majority of the court are of the opinion that such circumstances, however numerous and detailed, are not corroborative circumstances in the sense of the Code; that the first to be established is the connection of the prisoners with the crime, and that the corroborating circumstances" intended by the Code are such as go to show that the prisoners were, in some way, implicated in, or connected with, the robbery. That the witness himself, who comes avowedly before the court as a perpetrator of the crime, should be able to tell the time of night, the manner of the crime, that more than one were engaged, the amount stolen, etc., etc., is corroborative of his own guilt, and is involved in the very admission that he is an accomplice. But that he tells the truth about such things as these is, as it seems to us, nothing going to show that the prisoners are guilty, and do not at all corroborate his story implicating the defendants. And this is, in our judgment, really the only thing in issue, "the fact to be...