Mayfield v. State

• Decision Date: 26 April 1910
• Citation: 126 N.W. 15,142 Wis. 661
• Parties: MAYFIELD ET AL. v. STATE.
• Court: Wisconsin Supreme Court

142 Wis. 661

126 N.W. 15

MAYFIELD ET AL.

v.STATE.

Supreme Court of Wisconsin.

April 26, 1910.

Error to Circuit Court, Monroe County; E. C. Higbee, Judge.

George E. Mayfield and others were convicted of assault and battery, and they bring error. Affirmed.Masters, Graves & Masters and G. M. Perry, for plaintiffs in error.

F. L. Gilbert, Atty. Gen., and Thorwald P. Abel, Dist. Atty., for the State.

TIMLIN, J.

The plaintiffs in error, hereinafter called defendants, were, with three others not before this court, proceeded against for assault with intent to do great bodily harm upon one Allen, and convicted of assault and battery. Defendants contend that the court erred (1) in refusing to grant them a separate trial; (2) in refusing to discharge the defendants; (3) in refusing to require the state to elect; (4) in rulings upon evidence; (5) in giving and refusing instructions. Allen was a man about 57 years of age, a vagrant who drifted into the village of Cataract, and was hanging around Mayfield's saloon and sleeping in his barn, where Baumel and Johnson who also slept in this barn reported that there was stolen from them while they slept a watch and some money. According to testimony on the part of the state, Mayfield, with others, came into Masterson's saloon, found Allen there. Mayfield accused him of this theft, laid hands on him, shook him. Masterson forbade anything further in his saloon, whereupon Mayfield took Allen out into the street, and said: “Let us kill the ______. Let us make him dig up.” The others who were with Mayfield then assaulted and beat Allen for the purpose of making him confess. Hebron from a nearby hotel heard this fracas in the street, and came over. Mayfield retired some little distance. Allen by this time was severely beaten by several men in this crowd and lay on the ground, while the blows which were administered to him and the oaths and vulgar language could be heard for a distance. Finally Allen called for Mayfield, and said he would confess to him. Mayfield came in response, and said: “If you have got the watch give it up; * * * tell where it is, and I will see that the boys won't hurt you.” Allen then went to the barn with the crowd, including Mayfield and Hebron, and showed them where the watch which he had stolen was secreted, and Mayfield then urged him to give up the money, and threatened him with violence, and then leaving Allen in the hands of the others of the assaulting party left the barn, and commenced to look elsewhere for the money. The assaults upon Allen in the barn continued, Hebron remaining there. After a little time Hebron left, was absent a few minutes, and returned. The attacking party placed a rope around Allen's neck and threatened to hang him, also to drown him, and pulled on the rope. While the rope was around his neck, Hebron and one Davis stripped Allen of his shoes and clothing, except a shirt and vest. Allen was bleeding, bruised, and exhausted, and his condition appeared alarming, when one of the assaulting party said: “Is the son of a b____ dead?” Hebron, who is a physician, felt of and timed Allen's pulse, and said, “He is all right.” After this Allen was taken down from the barn by the attacking party into the street, and it was said they were going to...