Holland v. Commonwealth

• Decision Date: 26 October 1904
• Parties: HOLLAND et al. v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

82 S.W. 596

HOLLAND et al. v. COMMONWEALTH.

Court of Appeals of Kentucky.

October 26, 1904

Appeal from Circuit Court, Christian County.

"Not to be officially reported."

George Holland and another were convicted of murder, and they appeal. Affirmed as to appellant Holland.

N. B Hays, Atty. Gen., and Loraine Mix, for the Commonwealth.

NUNN J.

This is an appeal from the judgment of the Christian circuit court convicting the appellants of murder and fixing their punishment at death. These appellants, together with seven others, namely, Ed Holland, Frank Merriweather, Frank Sherman, Frank Massie, Ed Mosely, William Garrett, and Charles Finch, were indicted for the willful murder of an unknown white man, giving a particular description of him, on the 14th of November, 1903. The appellant George Holland Frank Merriweather, and Frank Sherman were charged with committing the murder, and the other defendants with being present and aiding and abetting. It appears from the proof that this unknown man appeared at the saloon of D. I. Moore in Pembroke, Ky. between the hours of 6 and 7 o'clock on the night of November 14, 1903, and bought and paid for a drink, and had a bottle filled with whisky, and then asked the barkeeper if he could exchange a paper dollar for nickels and dimes. The barkeeper furnished him the bill, and he took a roll of bills out of his vest pocket, and wrapped this bill around it, replaced the roll in his pocket, picked up his valise, and left the saloon. It was in proof that these appellants and other of the defendants named in the indictment were present at that time, and were in a position to see this roll of bills, and they left the saloon very soon after the stranger left. The next seen of the stranger was some time after, out on the Pembroke and Fairview road, about a mile and a half from Pembroke, where he had built up a fire near a tree about 40 yards from the road. He was next discovered dead at that place on the 17th of November, 1903 under a pile of rails some distance from the tree where he had built his fire. When found, the hogs had mutilated his face, throat, and bowels, but it appeared that his skull had been broken in on the side of his forehead, his windpipe and esophagus or gullet severed by some sharp instrument, and his organs of generation had been severed from his body by some sharp instrument. Large pools of blood were found near this tree and spots of blood on the ground and leaves from that point to about 18 or 20 feet to this pile of rails where he was found, the ground showing that he had been dragged from one place to the other. There were knife marks upon this tree, showing evidence that the knife had been wiped on the side of it, leaving blood on the tree. The frame of his valise was found lying where the fire had been, showing that it had all been burned up except the frame, it being metal. His overcoat had been burned at the same place, except a part of the collar; and his shoes had been removed from his feet. A bottle with a small quantity of whisky was also found near this tree. An ax handle was found 20 or 30 yards from this spot in the woods and in the direction of Pembroke. This ax handle was cracked or slivered when found, and there was long dark hair in the slivers of the same color as that of the deceased. There was no money or other thing of value found upon the person of the deceased. A few weeks after the discovery of this dead body, the appellant George Holland was arrested at his home about three miles from Pembroke, on the Fairview road. While on the way to Pembroke on the night of his arrest, the officer testified that he confessed to him that he took a...