Farrell v. State

• Decision Date: 26 January 1914
• Citation: 163 S.W. 768,111 Ark. 180
• Parties: FARRELL v. STATE
• Court: Arkansas Supreme Court

163 S.W. 768

111 Ark. 180

FARRELL v. STATE

Supreme Court of Arkansas

January 26, 1914

Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge affirmed.

STATEMENT BY THE COURT.

The body of the indictment against the defendant, J. D. Farrell is as follows:

"The grand jury of Pike County, in the name and by the authority of the State of Arkansas, accuse J. D. Farrell of the crim of murder in the first degree committed as follows, towit: In the county and State aforesaid, on the 18th day of September 1913, one Rhoda Carter did unlawfully and feloniously commit suicide or self-murder by taking morphine and strychnine, and the said J. D. Farrell in said county and State on the 18th day of September, 1913, did unlawfully, wilfully, feloniously and of his malice aforethought and after deliberation and premeditation deliberately assisted the said Rhoda Carter in the commission of said suicide or self-murder by procuring for her the morphine which she used in the commission of said suicide and self-murder, and by advising and encouraging the said Rhoda Carter to commit said suicide or self-murder."

The facts proved by the State are substantially as follows:

Thomas L. Turner and M. C. Turner, his wife, and Rhoda Carter were all spiritualists, and resided in Pike County, Arkansas. The defendant, J. D. Farrell, lived near them, and visited their home daily. All the parties had formerly lived in Lee County Arkansas, and while they lived there they formed a spiritualistic circle which met at the home of T. L. Turner. When Rhoda Carter came to live with the Turners she had a son named Robert Ingersoll, about six years of age. T. L. Turner adopted her son, and he died when he was sixteen years of age. The defendant, Farrell, frequently acted as a medium at their spiritualistic meetings. The defendant moved away from Lee County and came to Glenwood, in Pike County. About a year after this, Turner and his family left Lee County and went to Boston, Massachusetts. A month or two after this, they came to Glenwood, in Pike County. This was in April, 1913. The spiritualistic circle was formed again, and the defendant sometimes acted as a medium. Some time about the middle of September, 1913, Rhoda Carter was found dead in the home of T. L. Turner. Mrs. Turner was dying, and died in a few minutes. T. L. Turner was unconscious. A physician was called in, and said that he treated Turner to try to hold up his pulse until he could recover from what he thought to be an overdose of morphine, and that Turner responded to the treatment. Briefly stated, the testimony of the physician is as follows:

When I got there, I found that there was a bed laid down on the floor, and the woman called "Rhoda Carter" was lying next to the wall and Mrs. Turner was lying next to her which would throw her in the middle of the bed, and Mr. Turner was lying on the other side of Mrs. Turner. Rhoda Carter was already dead, and Mrs. Turner was dying. My judgment is that their death resulted from an overdose of morphine. The appearance of their skin indicated this. I found a capsule on the floor which looked to be a No. 1 or 2 size. It had been mashed up with something white about it. A No. 2 capsule would contain three, four or five grains of morphine. About a fourth of a grain of morphine is a dose, and a capsule of the size I found filled with morphine would be sufficient ordinarily to cause death to a person taking it. Morphine poison makes some people wild and jerky, and others it will just lull off to sleep. In some it produces convulsions, and in others it does not. Rhoda Carter's body was lying perfectly straight, and her clothing was not disarranged in any way. There was nothing to indicate that either of them had had convulsions except Mr. Turner. I asked him what he had been taking and he told me strychnine. He said that he, his wife and Miss Carter had all taken a capsule about 8 o'clock the night before, and about 5 that morning they had taken another one; that they saw Miss Carter was going to die first, and that he and his wife took another one, and that his wife retained the third one she took, but that he threw his up on the floor. I saw a morphine bottle sitting on the dresser in the room. There was nothing to indicate that they had taken strychnine, and I treated Mr. Turner for morphine poison, and he responded to the treatment. He had convulsions at intervals, but when they would cease he seemed to be entirely at himself.

A paper writing was found in the room with the bodies, and it is as follows:

"To Whom It May Concern:

"Ask no questions. The bottle on the dresser will tell how it all happened. We are simply tired and we wish is that all should go together. We have wound all our affairs up and disposed of all our effects, except a few dollars, which will be found about the dresser, that will give us a cheap burial. You will find us dressed as we wish for the occasion. With malice toward none and good wishes for all mankind, we bid you goodbye.

(Signed)

"Thomas L. Turner.

"M. C. Turner,

"Rhoda Carter."

On the afternoon of the day the poison was taken, Mr. Turner and his wife executed a deed to the defendant to all their real estate, which was of the value of about three thousand dollars, and this deed was filed for record.

Dr. J. T. West testified: About ten days before the suicide I sold the defendant, Farrell, a drachm of morphine, for which he paid me one dollar.

T. L. Turner was introduced as a witness by the State. He proved an unwilling witness, but testified substantially as follows: I am sixty-five years old, and have known the defendant intimately four or five years. At our spiritualistic seances the defendant was one of the persons who acted as a medium. It is considered that the medium is the means by which you can communicate with those on the other side. The medium would announce the presence of a spirit, and, although not seeing it, I would talk to the spirit. The medium would give me the reply made by the spirit to the questions that I asked. My wife, Miss Carter and myself had talked of committing suicide for several years. They tell me that my wife and Rhoda Carter are dead. I do not have any recollection of taking morphine with them. I remember that I executed and acknowledged a deed to my property to the defendant, but after that everything seems like a dream.

He was asked why he deeded his property to Farrell and said: "I suppose because we were fixing to go over on the other side, something or other. I do not know what else."

On being recalled, T. L. Turner testified as follows: I think we got the message from Robert (meaning the deceased son of Rhoda Carter) through Mr. Farrell, asking us to come over on the other side. I do not remember whether I got the message from him about making the deed to Mr. Farrell. I remember going before a notary public to acknowledge the deed, but do not remember whether Robert sent me a message about executing the deed. I remember of being on the road towards home with the deed, but do not remember anything more about it, and do not remember turning it over to the defendant.

The witness was here handed the note which was found on the dresser, and stated that the signature of his name was his own signature. He further stated that he did not have any recollection of writing the note and did not remember whether or not Rhoda Carter and his wife signed it. On cross examination he stated that he had taught spiritualism to the defendant, and said that the defendant was nearly blind, but could see out of one eye some, but that he could not see to read.

S. N. Fain testified: T. L. Turner and his wife acknowledged a deed before me on the afternoon, about 4 o'clock, before I understood they attempted to commit suicide that night. One Farrell was the grantee in the deed.

Another witness for the State testified that the defendant told him that he did not believe in spiritualism, but that it was policy for him to pretend to believe in it.

It was shown that the defendant had testified for himself on his examining trial and had admitted that he had purchased a bottle of morphine for Rhoda Carter, but said that she had told him she wanted it for the toothache.

The jury returned a verdict of guilty of murder in the second degree, and the punishment of the defendant fixed at a term of five years in the State penitentiary. From the judgment of conviction he has duly prosecuted an appeal to this court.

Judgment affirmed.

Walker Rountree, T. D. Lawler and W. P. Feazel, for appellant.

1. The judgment should have been arrested. 95 Ark. 48; 93 Id. 81. The indictment is defective. 73 Ark. 139.

2. T. L. Turner was incompetent as a witness. Greenl. on Ev., § 368; 1 Starkey on Ev., 22; 25 Ark. 447; 51 N.J.L. 432.

3. It was error to admit the "suicide pact." 16 Cyc. 1199-B.

Wm. L. Moose, Attorney General, and Jno. P. Streepey, Assistant, for appellee.

1. The indictment stated a public offense. 100 Ark. 195-6; 101 Id. 155; Loudermilk v. State, 110 Ark. 549; Kirby's Dig., § 1768.

2. Turner was competent. Webst. Dict. 95.

3. "Suicide pact" properly admitted as res gestae.

OPINION

HART, J., (after stating the facts).

It is first contended by counsel for defendant that the court erred in not sustaining his motion in arrest of judgment. Under our statute, the only ground upon which a judgment shall be arrested is that the facts stated in the indictment do not constitute a public offense within the jurisdiction of the court. Kirby's Digest, § 2427; Marshall...