Everett v. The State Of Ga.

• Decision Date: 31 August 1878
• Citation: Everett v. The State Of Ga., 62 Ga. 65 (Ga. 1878)
• Parties: Everett. v. The State of Georgia.
• Court: Georgia Supreme Court

62 Ga. 65

Everett. v. The State of Georgia.

Supreme Court of the State of Georgia

(August Term, 1878.)

Criminal law. Evidence. Threats. Witness. Experts. Charge of Court. New trial. Before Judge Crisp. Macon Superior Court. December Term, 1877.

Everett was placed en trial for the murder of Antoinette Felton, alleged to have been committed on August 25th, 1877.

He pleaded not guilty. The evidence against him was purely circumstantial. The case as made was, in brief, as follows:

*On Saturday, August 25th, 1877, the body of deceased was found in a thick piece of woods, about fifty yards from the public road leading from Montezuma to Marshallville; there was a severe bruise on her head, and her throat was cut from ear to ear, the head being nearely severed from the body. This place was one-half mile from the defendant's house. The body was found at about two o'clock p. m. At the time of her death deceased was about seventeen or eighteen years old. She was the sister of defendant's wife, and had been living with him since she was a very little girl. About three years before she had given birth to a child which was recognized by the defendant as his. He showed great attachment for her. He was a leading man in the church at the time of the birth of this child, and subsequently became a preacher, if he was not then. This event (the birth of the child) seriously impaired the har-mony of his family and church relations, and when angry, in discussions growing out of the matter, he stated several times that he would kill her (deceased), or be killed himself before any other man should have her.

To the admission of these threats defendant objected on account of the time which had elapsed since they were made before the homicide. They were nevertheless admitted, and he excepted.

From then until deceased's death, he showed great jealousy of the attention of other men to her. As she grew older these attentions increased, as also did the morose jealousy of the defendant. Deceased was a "likely" mulatto girl, and popular with the young negroes of the neighborhood. Cicero Osby was quite attentative to her, and was therefore especially obnoxious to defendant. There was every reason to suppose that he was engaged to be married to her. On the evening before her death, about an hour before sunset, she left defendant's house in company with other young men and women, to attend church. She did not return home that night, but went to her brother's, about one mile from defendant's, in company with Cicero. At *about sun-up, before breakfast, she left for home, and that is the last time she was seen alive by any reliable witness. On the side of the road, near where the body was found, was a place where some one had been seated. Tracks, similar to those made by defendant, were traced to within about three hundred yards of the place of the homicide, and by one witness to within sixty-yards. About the time deceased left on Friday evening, defendant, unexpectedly to his other hands, resumed work, and as deceased did not come, he went down the road after her to bring her back, but failed to overtake her. He had seen Cicero talking to her, and knew he was with her. It was supposed by the hands, consisting of deceased, her step-father, and defendant's daughter, that they had "knocked off" for the week. On the next morning defendant arose unusually early, and, after feeding his mules, disappeared until between nine and ten o'clock. He then changed his clothes and carried a load of water-melons to town. He was arrested between three and four o'clock, partially inebriated, something unusual for him. He was foreman of one of Mr. Felton's places, and from his boyhood had been a laborious and trusted servant. At the time of his arrest, when asked for his weapons, he gave up a pocket-knife, but subsequently produced a razor which he said one Hafers had given him to carry to Langley to be sharpened. Hafers testified that this statement was true. No blood was found on either the razor or the knife.

When the deceased did not return home on Saturday morning, her mother, whom she had promised to return early, sent a boy to her brother's to ascertain the cause of her delay, and when it was ascertained that she had left her brother's early in the morning, the colored population of the neighborhood set out to find her, and her body was found in the condition above stated.

L. M. Felton, not a physician, testified as to the wounds, position of the body, etc., and gave it as his opinion that she could not have inflicted the wounds upon herself.

P. Timberlake testified that from the description of the *wounds in evidence, they produced death; that he had been a practicing physician for more than twenty years of his life, but was not then, except in his own family.

To the evidence of Felton and Timberlake above stated, the defendant objected. The objection was overruled and he excepted.

A witness, Wade Hangabook, testified to having seen the defendant seated on the side of the road near where the body was found at about ten o'clock on the morning of the homicide, and that he saw deceased come up the road to where he was, and accompany him in the direction of where she was killed.

This witness was severely impeached in an attack upon his character and his intelligence, and by showing that it was impossible for him to have been where he testified he was at the time indicated.

The jury found the defendant guilty, but recommended his imprisonment in the penitentiary for life. The defendant moved for a new trial upon the following grounds, to-wit:

1. Because the court excluded the statement made by defendant at the time of, and soon after his arrest, to the effect that on the Friday evening before the homicide he went up to Mr. Baldwin's bouse, following the deceased and others, looking after his cow, and that he then saw sitting in Mr. Baldwin's front porch three men, to-wit: old Mr. Baldwin, J. T. Baldwin, and another person, a stranger to him.

The only effect that this evidence, if admitted, would have had on the case, would have been to show that defendant was in search of his cow rather than following deceased, and to corroborate his statement to the jury that the tracks by which it was sought to implicate him, were made on the preceding evening, as it was shown by other reliable testimony that the persons described by defendant were in Mr. Baldwin's piazza at the time stated, and that they could have been seen from the point where tbe tracks were lost by reason of entering thewoods.

*2. Because the court admitted the threats as above stated.

3. Because the court admitted the opinions of Felton and Timberlake, as above set forth.

4. Because the court refused to give a certain request in charge. As to this ground, it is only necessary to state that the request was fully covered by the general charge.

5. Because the court erred in charging as follows: ...