Eversole v. Commonwealth

• Decision Date: 31 May 1894
• Citation: 26 S.W. 816,95 Ky. 623
• Parties: EVERSOLE v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

26 S.W. 816

95 Ky. 623

EVERSOLE v. COMMONWEALTH.

Court of Appeals of Kentucky.

May 31, 1894

Appeal from circuit court, Clay county.

"To be officially reported."

Joseph Eversole was convicted of manslaughter, and appeals. Reversed.

Jas Eversole, A. W. Baker, and H. C. Eversole, for appellant.

Wm. J Hendrick, for the Commonwealth.

LEWIS J.

Joseph Eversole was indicted for murder of John Herd, but convicted of manslaughter, and sentenced to confinement in the penitentiary for 21 years. It appears that Saturday next before the killing, which occurred on Monday, Herd accompanied by his wife, a sister of Eversole's wife went to the house of the latter. Next day (Sunday) the two wives went to a house of religious worship, while the two husbands went to some other place in search of whisky. On their way back they stopped at the church house, and met a man named Hacker, who accompanied them to the home of Eversole, the two women having preceded them. After getting dinner, the three men went to a place about eight miles distant to get more whisky, and, returning about 11 p. m. ate supper, and went to bed, Hacker occupying a separate room, there being only two in the dwelling house, while Eversole and wife and Herd and wife slept in the same room. Where the children slept does not appear. A short while before daylight, Herd commenced quarreling with and threatening his wife, so boisterously and violently that she got out of bed and left the house. After Eversole and wife got out of bed, the three sat about the fire. Herd still continued threatening his wife, and, in addition, maligned her father, who was dead, and spoke disrespectfully of her mother. The weather being cold, Eversole's wife carried a blanket to Herd's wife, who remained outside of the house through fear of her husband; but finally, assuming he was somewhat pacified, Herd's wife came back to the house, but he again quarreled with her, and drew a poker with purpose to strike her, and was only prevented by Eversole's wife, who interposed for protection of her sister. At the breakfast table, Herd demanded a toddy of whisky be given to him, but, upon failure to get it, again commenced to boisterously threaten his wife, who was still kept out of the house through fear of him. After breakfast, Eversole and Hacker left the house for the purpose, as disclosed by a witness for the commonwealth, of "getting away" from Herd. They, however, returned to Eversole's house, and, after remaining a short time,...