Cohron v. The State Of Ga.
| Decision Date | 30 November 1856 |
| Docket Number | No. 145.,145. |
| Citation | 20 Ga. 752 |
| Parties | Jesse Cohron, plaintiff in error. vs. The State of Georgia. |
| Court | Georgia Supreme Court |
Voluntary manslaughter, in Wilkes Superior Court. Tried before Judge James Thomas, September Term, 1856.
Upon the trial of this case, the following evidence was submitted to the Jury:
John A. Downer sworn, says, that he got there a few minutes before deceased died. Prisoner asked Thomas Bolton if he could shave his son Jasper; deceased was about gasping his last breath when witness got there; this happened on 22d day of May, 1856, at Mallorysville in this county; witness knows nothing in regard to the killing.
Knows nothing of the killing; does not know that prisoner killed deceased; prisoner closed deceased's eyes; deceased gasped while prisoner was closing his eyes.
James M. Hawkins sworn, says, witness did not see the difficulty; about 9 o'clock at night Dr. Wootten sent for witness; when witness got to the house of prisoner he found it very bloody and deceased badly cut; this happened at Mal-lorysville, in this county, during the first of the last summer; the house and piazza were covered with blood; prisoner was in piazza—his arm bleeding; deceased lay in the house; did not examine deceased that night; deceased seemed to be in great pain, and bled freely; there was much blood about where deceased was lying; prisoner said his arm was cut; witness conversed with prisoner, and prisoner said if it was to do over again he would do it; that he was not sorry for it witness judged from prisoner saying that he was not sorry\'; prisoner said, in answer to the question, if he was sorry, "no sir-ree Bob, if it was to do over I would do it again"; did not see prisoner shed any tears; prisoner was very light and laughing—did not seem at all sorry that night; prisoner did not laugh hearty; prisoner said first, when the affray commenced, he was sitting down whittling with his knife; that Jasper got to choking his mother or sister, and that prisoner could not stand that—and then he got up and the affray commenced; prisoner afterwards told witness, that when the affray begun he was lying on the bed by the door; Jasper came and attacked him on the bed and they went at it; does not recollect what prisoner said in relation to the interference of his wife and daughter; witness does not recollect any statement of prisoner as to what happened after the affray begun; witness stayed at house of prisoner till daylight next morning; thinks deceased died next day—did not see him die; witness left before deceased died; witness examined the house for blood that night; saw no blood in little room; only saw it in big room and piazza, and plenty in the yard; deceased seemed to be in a dying condition when witness got there; witness thought he would die in a short time; witness saw no knives that night; some of the party looked about the house, but did not find any; saw two next day; did not see prisoner with knife; there was a good smart puddle of blood in yard by paling—not as much as half gallon.
Deceased was lying in, room; prisoner was sitting in piazza-said his arm was cut; thinks prisoner was bloody — sawblood on his arm—thinks it was left arm; witness never saw the wound at all; prisoner said it was that arm.
Witness testified, on committing trial: Prisoner said, in the same conversation about doing it over again, that he did it in self-defence—always said it was done in self-defence; witness looked at wounds on deceased—helped to dress him; wounds seemed broad and some small; some seemed cuts and some seemed to have gone in; can't say that all could have been made by same instrument—probably may have been; a spree; witness was there when Dr. Anderson was; was with Dr. Anderson from 12 or I o'clock till witness left next morning; saw no blood in the little room; did not examine it particularly that night; went in next day and saw none; did not look on the bed for blood; witness judged from deceased's clothes and bed-clothes, and his general appearance, that he had bled a great deal; there was blood on the left arm of prisoner; saw scratches on throat or face of prisoner—can't say which—may have been finger nail prints; prisoner said nothing about them to witness.
One or two wounds may have been 4 or 5 inches long; does not know of deceased's offering violence to anybody; never saw him at it; there was a great deal of blood on the floor of the large room and piazza—scattered pretty much over piazza; saw prints of bloody fingers on railing of piazza; saw some blood on the chairs; saw four black places on the arm of deceased, above the elbow of the right arm; it looked as if it may have been done by the grasp of a hand.
The black places seemed more over than on the top of the arm — behind the middle part of the arm — separate and distinct black spots—probably an inch apart—fingers would have to have been separated to have made them; never saw deceased come into the shop in a rage; saw deceased stick his knife in the floor of the grocery and break it off.
Upson R. Eads sworn, says, that he went to the house of the prisoner on the night that deceased was killed; heardsome one screaming and ran there; everything was in confusion; prisoner was sitting in piazza, leaning his arm on railing; witness passed immediately through the house, and fol lowed Dr. Wootten to where he was lying; deceased was lying in the yard by the palings—was lying rather on his left side, with his head against the palings; deceased was prostrated—means his strength—and not able to get up; witness ripped deceased\'s clothes loose to see where he was wounded —only discovered one where he first opened the clothes; deceased was very bloody—great deal of blood about on the ground; witness and Dr. Wootten, Downer and Smith took deceased in and laid him on the floor—very little blood in the house—piazza very bloody; some one asked prisoner what was the matter? prisoner replied that he believed he had killed Jasper—was why witness went through; observed nothing peculiar in prisoner\'s manner, when he said he supposed he had killed Jasper; knew prisoner and deceased some time before the death of deceased; does not know their comparative strength; when witness and party went out, prisoner pulled out a knife and said he had cut deceased with that knife; said he used little blade; knife exhibited is the knife referred to by witness; knife had as much blood on it as could stick to it.
Saw a small streak of blood through large room where prisoner walked through room or from prisoner—thinks he saw prisoner walk there; witness thinks it 8 or 9 o'clock when he got there; no one but family of prisoner was there when witness got there; saw wound on arm of prisoner that was on railing—a flesh wound of 3/4 of an inch long—bled a good deal—it was the left arm; wound could have been made larger by the knife-blade exhibited, but not by a single stab; saw no other knife; saw none on body of deceased—did not examine his pockets; heard prisoner say that if it was to do over, he would do it again, because he had done it in self-defence; heard prisoner swear that night; never saw him cut up any shines; did not know him intimately; heard pris-oner say that Jasper cut at or cut him first; does not remember that prisoner stated to witness how the affray began.
Did not see sister of deceased there when witness got there; she came afterwards, when prisoner swore he would be d— d if he would not do it again if it was to do over.
Dr. William Q. Anderson sworn, says, that he was requested to visit deceased about the 22d of last May, in the morning; witness found deceased lying on a pallet on the floor; conceived deceased to be in a dying condition at the time; upon examination, witness found various wounds on the left arm, back, chest and abdomen; did not probe them; thinks he noticed 14 wounds—did not examine entire body; several of them, three or four, witness conceived to be fatal wounds; witness applied bandages to support the breast, while witness applied stimulants; two or three wounds reached the cavity of the chest, without penetrating the lungs; witness is a practicing physician; was not there when deceased died; the wounds witness examined would inevitably produce death; prisoner stated to witness that deceased had attacked him in bed—choked him and cut him when in bed, and that prisoner's wife and daughter came to his assistance and caught hold of deceased, trying to get him away; from that deceased turned and pursued his daughter out of the house towards the front gate in the yard; that deceased returned to the house in the piazza; prisoner met deceased at the door from the piazza to the house, and that he took deceased's knife from him and cut him with it; witness saw no prints on deceased's arm.
Prisoner stated that he met deceased at the door and took deceased's knife away and cut him with it; next morning witness saw the knife exhibited; it had blood...
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