Gore v. People

• Decision Date: 12 June 1896
• Citation: Gore v. People, 162 Ill. 259, 44 N.E. 500 (Ill. 1896)
• Parties: GORE v. PEOPLE.
• Court: Illinois Supreme Court

162 Ill. 259

44 N.E. 500

GORE

v.PEOPLE.

Supreme Court of Illinois.

June 12, 1896.

Error to circuit court, Johnson county; A. K. Vickers, Judge.

James Gore was convicted of murder, and brings error. Affirmed.Thos. H. Sheridan, for plaintiff in error.

M. T. Moloney, Atty. Gen., Geo. B. Gillespie, State's Atty., and T. J. Scofield (M. L. Newell, of counsel), for the People.

PHILLIPS, J.

James Gore was indicted for the murder of John Scarlett at the March term, 1894, of the circuit court of Johnson county. The murder was alleged to have been committed in September, 1890. A trial was had in June, 1894, which resulted in a verdict of guilty, and the punishmentof defendant was fixed at imprisonment in the penitentiary for the term of 30 years.

The defendant sued out of this court a writ of error to the November term, 1894, and, by his assignment of errors, raised the question whether the record showed that the indictment was returned by the grand jury, in a body, into open court. Upon suggestion of diminution of the record, and motion of the attorney general, a certiorari was allowed at that term. At the May term, 1895, the cause was continued on motion of plaintiff in error. At the March term, 1895, of the circuit court of Johnson county, the cause of The People of the State of Illinois v. James Gore was placed on the docket of the circuit court of Johnson county, and motion entered to amend the record, showing the return of the indictment into open court by the grand jury in a body. Due notice had been given of this motion, and at that term such proceedings were had that the record was amended nunc pro tunc, showing the return of the indictment into open court by the grand jury in a body, to which the defendant excepted, and presented his bill of exceptions, and afterwards sued out a writ of error from this court on this latter record. That record being brought to this court, an order was entered consolidating the two cases. Where there is a clerical error, or misprision of the clerk, an amendment of the record may be had. The record may also be amended whenever there is any memorandum or record by which to amend. The fact that the grand jury, as a body, made a report, and returned into open court certain indictments, which were properly indorsed as true bills, and filed and placed on the docket, was shown by the record; and this indictment, properly indorsed and filed, and placed on the docket with other cases returned at the same time, is also shown by the record. We are of opinion that the facts of record were sufficient to amend by, and, such facts being shown, the trial court had power to permit the record to be amended, upon a proper application by the state's attorney. Kennedy v. People, 44 Ill. 283;May v. People, 92 Ill. 343.

The facts shown by the record are, in substance, as follows: On Saturday, the closing day of the Johnson Fair, about 2 o'clock in the afternoon, in the year 1890, a boy of the name of Johnson was crossing a meadow which lies adjacent to the fair grounds in Vienna; and near a path, with his face inclined towards the west, lying nearly on its back, he found the body of the deceased, John Scarlett. He passed on, and no alarm was given until about 4 o'clock in the afternoon, when August Bieterich, a man with whom the boy was working, and to whom he had made known that he had found the deceased, informed the civil authorities. When examined, it was found that the deceased had been shot in the head, some three inches above the right ear. His hat was found just north of his head. Some letters belonging to the deceased were found scattered about him. No money or pocketbook was found on his person, or about the body. The pale-blue ribbon he had been using as a watch guard for a silver watch carried by deceased had been cut in two, leaving a piece of it attached to his vest, and his watch was gone. No weapons, or articles of value, were found about his body, and there were no appearances of a struggle on the ground. A few cartridges, some small keys, a small lookingglass, and some other articles, were found in his pockets, or near the body. A coroner's jury was organized, some ill-advised arrests were made, and after several days fruitless inquiry the whole matter was given up, with the conclusion that John Scarlett's murder would probably remain a mystery. The defendant, James Gore, lived some four miles west of Vienna, on a farm adjacent to the farm of one W. R. Gore, known as ‘Buck Gore,’ a relative of his. Between the residence of the defendant and Buck Gore's residence was a small creek, with no bridge over it. Near the creek, on the side next to Buck Gore's, lived Woodson Turner. This was the situation of the parties on Christmas eve following the murder of John Scarlett. About 8 or 9 o'clock that night the defendant came to the home of Buck Gore, somewhat under the influence of liquor, riding or leading a mule, and carrying a jug of whisky and a baker's jelly roll. After recounting to Buck Gore and his family various crimes he had committed, such as stealing cattle, hogs, and horses, he declared he knew who killed John Scarlett. Buck Gore then admonished him not to tell him anything about it, and reminded him that on a previous occasion the defendant had confessed a crime to him, and that he was made a witness against defendant on the trial of the charge. Notwithstanding this, defendant said that he, Bent Gore, and John Martin killed John Scarlett; that Bent Gore enticed him from the bakery where he was at work, and they took him across the north iron bridge, into the meadow adjoining the fair grounds, where they killed him for his money, and that they drugged him at Bent Gore's stand before they killed him; that they thought he had about $250, but they only got $85, a watch, and a pistol; that his watch was fastened to his vest by a blue ribbon, and Bent Gore shot him, and they cut the ribbon, and took the watch and his money and pistol, and Martin carried the watch away with him. He also stated to Buck Gore that as they were crossing the iron bridge they heard some one coming, and he jumped across a ditch and hurt his arm. After the defendant had this conversation, about 10 o'clock at night, he left Buck Gore's, and started home; but it had been raining, and, finding the creek swollen, he called at Woodson Turner's residence, and stayed all night. He was still under the influence of liquor, and chose to sleep on the floor. The Scarlett matter was retold to Woodson Turner, defendant repeating what he had told Buck Gore and his family; and he cautioned Turner not to divulge his secret,—threatening that, should Turner prove faithless, his fate should be the same as Scarlett's. On the morning following,the defendant arose early, sober, and perfectly self-possessed; and as he started away, after breakfast and much friendly conversation, he reminded Turner of what he had told him on the previous night, and again threatened to kill him if he ever revealed the defendant's secret. On Tuesday following, Buck Gore again saw the defendant, and asked him if he talked to everybody as he had to him and his family when at his house on Christmas eve. Defendant asked Buck what he said, and, on being informed, denied that he had killed Scarlett, and told Buck, for God's sake, not to tell it, for if what he had said should get out he would be hung. In the summer following, the defendant told Tom Gore that he, Bent Gore, and John Martin killed John Scarlett. In November, 1893, Buck Gore made known to the state's attorney of Johnson county the confession James Gore had made to him and his wife and daughter and his son Tom, and went again to see defendant, and endeavored to learn something further from him about the Scarlett murder. The defendant at that time confirmed what he had previously stated to the witness Buck Gore about the Scarlett killing, and offered to take...