Kugadt v. State

• Decision Date: 02 March 1898
• Citation: 44 S.W. 989
• Parties: KUGADT v. STATE.
• Court: Texas Court of Criminal Appeals

44 S.W. 989

KUGADT v. STATE.

Court of Criminal Appeals of Texas.

March 2, 1898.

Appeal from district court, Washington county; Ed R. Sinks, Judge Charles Kugadt was convicted of murder in the first degree, and he appeals. Affirmed.

Letzerich & Felder, for appellant. Mann Trice, for the State.

HURT, P. J.

Appellant was convicted of murder in the first degree, and his punishment assessed at death; hence this appeal.

As the principal questions presented involve the sufficiency of the proof as to the corpus delicti, we will summarize all of the testimony bearing on this subject. The deceased, Johanna Kugadt, was an elderly maiden sister of appellant. She came from California to live with him, at his home in Washington county, in the year 1893. In the spring of 1894 she went to California on a visit to her relatives, and in the fall of the same year returned to her brother's (appellant's), where she continued to reside until the time of her death. Appellant resided on a farm in Washington county, about 2½ or 3 miles west of the town of Washington, and about 18 miles from Brenham. By the direct route from the town of Washington to Brenham the distance is 21 miles; going by Whitman, which is a divergence to the south of the direct route from Washington to Brenham, is 23 miles; and going from Whitman by a still lower route, called the "Goodwill Road," and thence west, back into the Washington and Brenham road, is about 3½ miles further. It is 9 miles from Brenham to where the road to Rock Island leaves the Washington and Brenham road. It is 7½ miles from Brenham to Kuykendall's creek, 3 miles from Brenham to New Year creek, 4 miles from New Year creek to Earlywine's gin, 7 miles from New Year creek to Abner Roberts', 3 miles from Jackson creek to Kugadt's house, and 13 miles from Brenham to Jackson creek. These distances are mentioned, as it is important that they be stated, because the witnesses testify as to the defendant's being at these various points at different intervals of time. The evidence shows that Miss Johanna Kugadt was possessed of some $400 to $600, which she had loaned out in the neighborhood. Some weeks before she intended leaving for Europe, she, with her brother (appellant), collected in this money. Her trip to Europe appears to have been contemplated for two or three months prior to the time of her supposed departure. In August appellant wrote to one Winkleman, at Brenham, with reference to his sister's going to Europe, and desired to know about procuring a ticket from Galveston to Bremen; and in September appellant and his sister went to the office of the said Winkleman at Brenham to see him in regard to said matter, and told him that they would purchase the ticket from him from Galveston to Bremen. The letter of appellant to Winkleman of August 22d is contained in the record; also a letter from appellant to one B. H. Peters, at Galveston, of date October 14, 1896, in answer to a letter from Peters to appellant. From this letter, it appears that appellant desired to know when the steamer Halle would arrive and sail, and states to him that his sister will go by that steamer, and desires to know where his sister can find him on her arrival at Galveston. The proof shows that Winkleman never saw Johanna Kugadt after the occasion above stated, and never sold her a ticket from Galveston to Bremen. The record also shows that, preparatory to said trip, appellant and his sister procured from one Henry Lehde an emigrant's box. It appears to have been made to order, and to have been constructed, so far as the iron work was concerned, of peculiar materials. There were iron pieces to protect or guard the corners, which were nailed to the box, and also a number of iron hinges, fastened to the box with nails. No lock, however, was attached to the box by Lehde, but appellant stated that he would put a lock on it. The box itself was strongly made, 3½ to 4 feet long, 2 feet wide, and 1½ feet high. This box was procured and paid for by appellant on the 15th of October. Appellant gave out to several witnesses that his sister would leave for Bremen on Monday, the 19th of October, and that he would go as far as Galveston with her.

On Monday, October 19th, very early in the morning, appellant, driving a two-horse wagon, containing a trunk and a box, accompanied by an elderly lady dressed in black, was first seen at Whitman, a little country store about 2 miles from his residence, en route, as he stated to the witnesses Buchanan and Ewing, to Brenham. At this point he got out, and bought a bottle of whisky and some cigars, and resumed his journey, taking the lower, or "Goodwill," road. Ewing told him that was 1½ miles out of his way. He remarked that he was going that way in order to avoid a bad place in the road. Ewing hallooed to him that the place had been fixed, but appellant proceeded on his way. Buchanan, who immediately left, going towards his home, which was on the Goodwill road, overtook him before he turned off towards the Washington and Brenham road. About 8 o'clock Richard Mackey and George Isaacs met appellant in the road, driving his wagon, with the before-described lady sitting by his side, and with a trunk and box in the wagon. This was at a point near where the Rock Island road leaves the Brenham and Washington road. A little later than this, Mrs. Max Geisler, who lives on the Brenham and Washington road at the Wilborn place, saw the defendant, and, as she says, "his sister," pass her house, going in the direction of Brenham. She relates that they had a trunk in the wagon bed behind them, and behind the trunk was a box. She describes the defendant and Johanna Kugadt, and says that she knew it was Johanna Kugadt, though it appears that she had never seen her before that morning. This was about 9 o'clock. Earlywine, who lives on the Washington and Brenham road, about 7 miles from Brenham, and 2 miles west of Wilborn's, saw some parties pass his house in a wagon, going in the direction of Brenham. A little later Frank Wade, another witness, met the defendant in a wagon going towards Brenham, and about 5 miles from that point, with the same lady, trunk, and box. This was about 2 miles from New Year creek, and near Abner Roberts' place on the Brenham and Washington road. This was the last witness who saw appellant en route towards Brenham, and the last person who saw his sister in the wagon with him.

About 1 o'clock p. m., defendant was seen going from the direction of Brenham and towards Washington. The first parties who testify as to having seen him were Henry Countryman and George Harbers. They testify, in substance, that they were in camp in New Year creek bottom, some little distance from the road, and that appellant stopped his wagon some 150 yards from where they were camped, and walked towards their camp. He appeared to be eating something, and one of them states that he was eating a piece of turkey, and asked for some water. He drank some coffee with them, and remained there some 30 or 40 minutes, when he went back to his wagon, and proceeded on his journey in the direction of Washington. He drove across a dump, which brought him within 40 or 50 yards of one of the witnesses, and he states that he was driving towards Washington by himself, that he had a box or trunk in the wagon with him, and it was between 1 and 2 o'clock in the afternoon; that it was an old top box or trunk. Thomas Harbers, who was at Earlywine's gin, saw him pass said point on his return about 2 o'clock in the afternoon. No one was with him. W. H. Wade, who lived 3 miles west of Jackson creek, on the Washington and Brenham road, 9 miles from Brenham, saw defendant pass his house on the Monday evening, driving a wagon by himself, and that a box or trunk was in the wagon. West Baber, the next witness who saw defendant on his return, met him about Jackson's creek (the creek on which the body was subsequently found). Appellant then appeared to be very warm and thirsty, and gave witness a dime to get him some water. When they approached Mrs. Lawson's house, witness went in to get appellant some water. Appellant followed him, and drank a great deal of water, claiming to be very thirsty. This witness noticed blood in the bed of the wagon. He states: "I overtook Mr. Kugadt near the creek. He passed me twice on the road. The first time I got the water for him, and the second time I stopped to talk to Sister Chase. The spots were in the bottom of the wagon, and on the right-hand side of the back. I saw no grease spots. It was blood." William Hogan and Mitchell Scurry saw defendant still later on his way home. Mitchell Scurry, the last witness who met him, states that he was going towards home in a wagon, had a large oval-top trunk, said he had taken his sister to Brenham, and she had gone on to Galveston, that Langhammer and he had a fine time at Brenham, and that he had brought the trunk back for Miss Dill. Two or three witnesses testify to having seen a large fire above the road and in Jackson creek bottom on that Monday evening, and one witness testifies to having seen a wagon and part of one horse near the fire, but did not go any closer, and did not see any man there, and that it was a big fire in the bottom. Appellant gave out after his return home, within the next day or two, that he had carried his sister to Brenham, and sent her to Galveston, en route to Europe; that he did not go with her to Galveston himself, as he intended, but that he had placed her in charge of Prof. Krueger. Prof. Krueger was introduced as a witness, and testified that he was not at Brenham at the time, did not see defendant, nor did he go with Johanna Kugadt to Galveston.

On Thursday, the 22d of October, some time in the evening, one Lem Harris was hunting hogs in Jackson creek bottom, and about 400 or 500 yards to the left of the Washington and Brenham road, up the creek, and about 150 steps from the creek, in a brush heap, he discovered...