Hess v. United States, 15831.
| Decision Date | 11 April 1958 |
| Docket Number | No. 15831.,15831. |
| Citation | 254 F.2d 578 |
| Parties | Louis Clifton HESS, Donald Kilsmuth Hess and Lewis Milton Williams, Appellants, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Louis Clifton Hess, Donald Kilsmuth Hess and Lewis Milton Williams, pro se.
Edward L. Scheufler, U. S. Atty., and Kenneth C. West, Asst. U. S. Atty., Kansas City, Mo., for appellee.
Before SANBORN, WOODROUGH and MATTHES, Circuit Judges.
Count I of an indictment filed in the United States District Court, Western District of Missouri, on November 28, 1956, in substance charged that on November 11, 1956, all three appellants violated Title 18 U.S.C. § 1201 by unlawfully kidnapping, for ransom, reward or otherwise, and by transporting in interstate commerce from Kansas City, Jackson County, Missouri, into Mission, Johnson County, Kansas, one Raymond Isrial Brasfield, who thereafter was liberated unharmed. Count II of the indictment charged, in substance, that appellant Lewis Milton Williams, on November 12, 1956, violated Title 18 U.S.C. § 1201 by unlawfully kidnapping for ransom, reward or otherwise, and by transporting in interstate commerce from Mission, Johnson County, Kansas, into Kansas City, Jackson County, Missouri, one Dorothy Stone Sparks and her minor son, Stephen Sparks, who thereafter were liberated unharmed.
A jury found Louis Clifton Hess, Donald Kilsmuth Hess and Lewis Milton Williams guilty on Count I and Williams guilty on Count II. In due time, judgment was rendered by the court committing each appellant for imprisonment for a period of the rest of his natural life on Count I of the indictment and appellant Williams for a like term on Count II thereof. From this judgment appellants have appealed to this Court.
The indictment and proceedings subsequent thereto grew out of this state of facts:
Count I.
Raymond Isrial Brasfield, 21 years old at trial time, was employed as a taxicab driver by the Toedman Cab Co. in Kansas City, Missouri, and at about 8:39 p. m. on November 11, 1956, pursuant to a call, drove to 39th and Troost in that city where he picked up three men. Brasfield positively identified the three men as appellants and pointed them out in the courtroom. After entering the cab, the three men "drawed their guns on me" and thereafter Brasfield was directed by his captors to drive them over various streets in Kansas City, Missouri, and Kansas City, Kansas. (The route was detailed by Brasfield in his testimony.) Brasfield testified that on a side street in Kansas City, Kansas, he was placed in the trunk compartment of the taxicab by appellant Donald Kilsmuth Hess, and forced to remain there while the cab was driven about for approximately five minutes. Then Brasfield was removed from the trunk and forced to drive the three back to Kansas City, Missouri, where he was again placed in the trunk of the vehicle, this time by Williams. After three, four or five minutes, during which "they drove around," Brasfield was released from the trunk, and directed to drive the appellants back to the State of Kansas, which he did, stopping at 35th and Matney Streets, where he was, for the third time, placed in the trunk by appellant Donald Kilsmuth Hess, and kept there about five minutes. When released, and at the command of his abductors, Brasfield drove to the vicinity of Highway 58 and Merriam Lane where Nigro's Super Market is located. The men talked about holding up the market. They drove by Nigro's twice and then "went on down the line" where there was another super market which they (Brasfield's captors) talked about "holding up." About that time another taxi "came along and honked at us because I wasn't supposed to be over there, * * * and we took off * * * and went east to Mission." At Johnson Drive and Lamar Road, in that city, a patrolman undertook to stop them whereupon, his captors directed Brasfield to At 58th and Reeds Road the motor in the cab died and the three men "jumped out and took off running." This occurred about 12:30 a. m., November 12, 1956. In a short time the patrolman appeared and Brasfield told him what had occurred.
It also appears from Brasfield's testimony that when the men entered his cab, one of them carried a blue suitcase which appeared to be made of either plastic or metal. He also described the guns as a "silvery looking pistol, a sawed-off shotgun and a dark revolver." Brasfield stated that two of the men had light colored hats, one had a dark brown hat; they were all wearing light tan trench coats, light tan pigskin gloves, and he identified three trench coats and a pair of gloves offered as exhibits, as having the same appearance of those worn on the eventful night. In addition, he identified a flashlight, also offered as an exhibit, as being identical to the one his captors had.
Edward M. Rice, police officer for Mission, Kansas, testified that he had pursued the cab driven by Brasfield on the night of November 11, and that he unsuccessfully undertook to stop the cab. At that time he noticed two men in the front seat and two in the rear seat; that shortly thereafter he came upon the cab which was stopped near 57th and Reeds. Later he talked to Mr. A. H. Hamilton, who lived at 5728 Reeds Road in Mission, who showed witness Rice a suitcase and shoulder holster which Hamilton found leaning against the back of his building on the morning of November 12, 1956. The suitcase previously identified by Mr. Brasfield was also identified by the police officer as having the appearance of the one found by Mr. Hamilton.
The Government established by Robinson Field, special agent of the Federal Bureau of Investigation, that a thorough terrain search made by him and ten other officers on November 12 and 13 began in the neighborhood of 5738 Reeds Road, where the cab was abandoned, and was continued in that area. As the result of this search, a receipt from the Alcazar Hotel in Kansas City, Missouri, dated November 6, 1956, issued to one Edward Walsh for $14 for rent from November 6 to November 13 was found; that the officers also found other articles offered in evidence as Government exhibits consisting of trench coats; a double-barrelled, sawed-off shotgun, fully loaded when found; two rolls adhesive tape; cartridge belt with shotgun shells; sweat shirt sleeves with two slits cut therein for eyes, and another roll of adhesive tape.
The manager of the Alcazar Hotel, Kansas City, Missouri, testified that he personally signed the receipt found by the officers; that he recalled the person who used the name "Edward Walsh" occupied room 716 from November 6 to November 13, 1956, and identified appellant Lewis Milton Williams as the person whom he knew as Ed Walsh and to whom he gave the receipt. He also stated that he recalled when Williams left the hotel he had a grip or suitcase similar to the one offered as a government exhibit.
It was further shown that Williams was taken into custody at about 5:20 p. m. on the afternoon of November 13, 1956, at the Sherman Hotel, 9th and Locust Streets, Kansas City, Missouri. Williams admitted to the arresting Special Agents that he arrived in Kansas City, Missouri, on November 6, 1956, and registered at the Alcazar Hotel as Edward Walsh and that he moved to the Sherman Hotel on November 13, 1956. The special agents found a number of items in possession of Williams, consisting of a .38 caliber, bone-handled Colt revolver; large blue suitcase; two rolls of one-inch Rexall tape, one roll of Rexall tape and one roll of two-inch Red Cross tape; pair of pigskin gloves; light color felt hat; and light tan trench coat, all being Government exhibits that were introduced in evidence.
Louis Clifton Hess was the only appellant to testify, and according to his testimony, he and his brother Donald arrived in Kansas City, Missouri, from the state of California about November 6, 1956. Louis registered in the Gladstone Hotel under the name of James Collins and Donald under the name of Bob Watson. Louis stated he always registered "under a phony name in a hotel in case anything happens, any kind of a scandal, well, I wouldn't be involved." Louis further testified that on the night of November 11, 1956, he and his brother went to a theater where they stayed watching the show "Oklahoma" until after midnight; that upon leaving they went directly to their hotel and retired. Louis denied knowing appellant Williams and stated his brother Donald had told him that he did not know Williams and that neither had seen him prior to the time of their arrest.
In rebuttal the Government offered Beverly Peterson who testified that on November 6, 1956, she met appellant Williams who was accompanied by appellant Donald Hess, known to her as "Bob"; that on the night of November 8, 1956, she had dinner with Williams and Donald Hess; that she saw Williams on at least three different occasions and that Donald Hess was in Williams' company on two of the occasions.
Count II.
To sustain this count of the indictment, the Government offered Dorothy Stone Sparks, who testified that she resided at 5706 Beverly Street, Mission, Kansas, with her husband and son Stephen, almost two and one-half years of age; that her home is about five or six blocks southwest from the intersection of 58th and Reeds Road. (Point where taxicab stalled and from which the three men fled.) At approximately 8:30 on the morning of November 12, 1956, and after her husband had left for his work, Mrs. Sparks started down the steps to the basement behind her son, when she was confronted with a man who had a gun pointed at her. When Mrs. Sparks screamed, the man "clapped his hand over my mouth and said in effect, `that is the last thing you want to do, lady.'" At the direction of her accoster, Mrs. Sparks obtained the keys to the automobile, and thereafter she remained in the...
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