Hall v. Commonwealth

• Decision Date: 13 June 1912
• Citation: 149 Ky. 42,147 S.W. 764
• Parties: HALL v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

147 S.W. 764

149 Ky. 42

HALL v. COMMONWEALTH.

Court of Appeals of Kentucky.

June 13, 1912

Appeal from Circuit Court, Pendleton County.

L. D Hall was convicted of voluntary manslaughter, and he appeals. Reversed.

John H Barker, of Falmouth, and J. T. Simon, of Cynthiana, for appellant.

James Garnett, Atty. Gen., and Chas. H. Morris, Asst. Atty. Gen for the Commonwealth.

CLAY C.

Appellant L. D. Hall, was indicted by the grand jury of Pendleton county for the murder of Elijah Wood. He was tried and convicted of voluntary manslaughter and given an indeterminate sentence of from 2 to 21 years in the state penitentiary. From the judgment predicated on the verdict, this appeal is prosecuted.

The chief ground relied upon for reversal is that the evidence is not sufficient to sustain the verdict.

The evidence shows that Elijah Wood, the man who it is claimed appellant killed, lived in Pendleton county, near the Harrison county line. On Monday, September 25, 1911, he came to Falmouth driving a horse and buggy. He left his horse and buggy at a livery stable. He was last seen about dark, going in the direction of the place where his body was found. On Saturday, September 30th, his body was found on what is known as the Klee place, at a point about 100 yards from the Cynthiana pike, and about a mile from the town of Falmouth. Near his body was found a storm apron from a buggy, and at another place a watch, which was afterwards identified as belonging to deceased. About 10 steps away was found an ordinary pick; but no blood was discovered upon it. There were two holes in the head of deceased, indicating that he had been struck by some sharp instrument, and his body was badly decomposed. Blood was found on the storm curtain, and also on a knife taken from the pocket of deceased. No money was found on deceased.

The evidence by which it is sought to connect appellant with the crime is as follows:

Appellant was at Wood's home on two occasions some few days before the latter disappeared. Verney Baker, who was on a visit to Wood's home, testifies that on September 15th appellant took dinner with Wood. While Wood and appellant were in the barn, she went to the barn and stood on the outside. There was a plank off the barn, and while there she heard appellant say if Wood would give him $500 good money appellant would give him $2,000 greenbacks. Wood said he could not pass the money; whereupon appellant said that he would pass it. Witness stood there for a long time; but this is all the conversation she remembered.

Between 4:30 and 5:30 o'clock of the afternoon of September 25th, three witnesses claim to have seen appellant and Wood go on the Main Licking bridge. About 6 o'clock, Wood was seen in front of a hotel in Falmouth by Dan Daugherty. The same witness saw him, about 7 o'clock, going toward the Klee place. Robert Pugh and wife, who live at the toll-gate, saw a thick, heavy-set man going out the Cynthiana pike about 7 o'clock. About 200 yards behind him, there was a tall, slim man. The man in front had a bundle under his arm. These witnesses all saw John Zempter pass behind the two men, and Zempter testifies that he saw the man in front, about dark, going out the pike, but did not see any one behind him. Otis Mains and Nannie Ayers testified that they saw appellant going in the direction of the Cynthiana pike about 7 o'clock. Mrs. John Austin says that she was at appellant's house some time between 7 and 8 o'clock, until about 9 o'clock, and appellant was not at home. On Tuesday morning, September 26th, appellant went into the store of William Gillispie and purchased from him a pair of trousers, some house slippers, and a pair of suspenders. The amount of the purchase was $4.60 or $4.70. Appellant tendered a $5 bill in payment. According to these witnesses and to Harry Spradling, who also saw the appellant about 6 o'clock on the morning of the 26th, the bottom of appellant's trousers and his shoes were muddy. One witness saw appellant purchase a bottle of hoptina in Falmouth on Wednesday morning, between 8 and 10 o'clock, and tender a $20 bill in payment. Another witness saw appellant at the fair, which was then going on, with $10, which appellant told him he was going to put up on a race. Another witness claims to have seen appellant buy a hamburger on Friday, September 29th, with a $10 bill, and another hamburger on Saturday, the 30th, with a $10 bill. Two witnesses claim to have seen Hall standing in his kitchen door about 6 o'clock on Tuesday morning, and to have seen smoke in the back yard, which smelt like something burning. Two or three witnesses testify that appellant was never known to work. Mrs. Louisa Williams, from whom appellant formerly rented, testified that he did not pay his rent up to the preceding April, because he said he was out of work and had no money. Charles Weaver claims to have seen Hall buy hoptina at the Falmouth fair three times on Wednesday, September 27th. The first time he tendered a $5 bill in payment, and on each of the other two times he tendered a $1 bill in payment.

Appellant left for Cincinnati on the 10 o'clock train Tuesday morning. He met Frank Pfanstil in Covington Tuesday night, and they spent the night together in the same room. Pfanstil says that Hall exhibited to him some money in bills, and showed him a note for $800, and said he was going to Knoxville, Tenn. Appellant returned to Falmouth Wednesday morning on the 8:08 train. R. C. Diltz, city marshal of Falmouth, says that he saw appellant get off the train. Appellant was alone, and carried a suit case. In answer to the question as to what passed between them, witness said: "I asked him if he was getting back, and he said, 'Yes.' And then he asked me if they had found Lige Wood, and I said, 'No."' Prior to that time, appellant had not said anything to him about Wood. The same witness testifies to having gone to appellant's house with a search warrant. He found a pair of shoes and a pair of trousers. The shoes had been washed. There were streaks of mud on them. Neither the shoes nor the trousers were concealed. Witness had no difficulty in finding them.

Lewis Hamilton, a neighbor of Wood, came to town on Wednesday to look for him. He drove up to appellant's house and asked appellant if he had seen Wood, or knew anything about him. Appellant replied that he had seen Wood on the wooden bridge Monday. At the time he saw Wood, Wood was going over to Mr. Oldham's to buy some sheep and hogs. Appellant said he thought Wood would turn up all right. On Friday he met appellant, and appellant told him that Wood was off with a base woman, and would show up.

W. A. Wood, a kinsman of deceased, testifies that he met appellant on Wednesday afternoon. Appellant said: "There is no use being anxious about Wood, as he will probably come in on the afternoon train." Appellant went to the afternoon train for the purpose of meeting Wood. He came back, and said Wood would come in on the 5 or 9 o'clock train. Appellant remarked that Wood was a queer fellow.

The cashier of the Pendleton County Bank testifies that Wood negotiated a note with the bank on September 4th. The face of the note was about $100, and Wood got about $96 in cash.

Kate Hardin, who worked for deceased, testifies that when deceased left on Monday he had some bills of small denomination. John Fogle saw deceased on Friday before the fair. Deceased had some money. Deceased owed witness $5.50, and was undertaking to pay him, but could not make the change.

The evidence for the defense is as follows:

Appellant testifies that he had been out at Wood's house for the purpose of purchasing a horse from him. Wood wanted $200 for the horse; but appellant was willing to give him, and offered him, only $125. In this statement he was corroborated by John Fogle, who was present on the occasion of appellant's visit to Wood's home. Appellant denies having had the conversation with Wood in reference to furnishing him $2,000 in greenbacks for $500 in cash. Fogle, who was near by, also testifies that he never saw any woman go near the barn that day. Appellant admits that he was with Wood on the covered bridge between 4:30 and 5:30 o'clock in the afternoon. Appellant had been over to the mill, and was coming back. Wood asked him if Jesse Oldham was at home. Appellant told him that he had seen Oldham at the fair ground. They then walked together a part of the way through the bridge, when Wood said he was in a hurry, and went on. A few minutes later appellant returned to town. He stopped at Galloway's stable and Frank Bell's, and at the butcher shop. When he neared his home, a little girl met him with a request from his wife to go back and get the loaf of bread. He went back and got the loaf of bread and returned home to his supper. After supper he talked to and played with his baby for a few minutes,...