Painter v. People

• Decision Date: 25 October 1893
• Citation: 35 N.E. 64,147 Ill. 444
• Parties: PAINTER v. PEOPLE.
• Court: Illinois Supreme Court

147 Ill. 444

35 N.E. 64

PAINTER

v.PEOPLE.¹

Supreme Court of Illinois.

Oct. 25, 1893.

Error to criminal court, Cook county; R. W. Clifford, Judge.

Indictment of George H. Painter for murder. Defendant was convicted, and he brings error. Affirmed.McDougall & Chapman and L. A. Williams, (Case, Hogan & Case and Frederick A. Mitchell, of counsel,) for plaintiff in error.

M. T. Moloney, Atty. Gen., for the People.

BAILEY, C. J.

In this case, George H. Painter, otherwise called George H. Martin, was indicted in the criminal court of Cook county for the murder of Alice Painter, otherwise called Alice Martin, otherwise called Alice McLean, and, being tried upon a plea of not guilty, he was found guilty in manner and form as charged, and his punishment was fixed by the jury at death. The court thereupon, after denying his motion for a new trial, and also his motion in arrest of judgment, pronounced sentence upon him in accordance with the verdict, and the record is now brought here for review, he having been granted a writ of error, and the same having been made a supersedeas.

The deceased was killed at about 12 o'clock of the night of May 17, 1891, her death being caused, as appears, by strangulation, and the evidence leaves no room for doubt that the homicide, by whomsoever committed, was felonious. At the time of her death she and the defendant were, and for about three years prior thereto had been, living together as husband and wife, and during that time they had both so held themselves out to the world, although the defendant now claims that they had in fact never been married. Her mainden name was Alice McLean, and some of the time they were living together they both went under the name of Martin. They seem to have occupied rooms at different times in several different places in the city of Chicago, and some time prior to May 17, 1891, they became the occupants of the rooms constituting the first story or flat of the house known as ‘No. 86 Green Street,’ and it was there the homicide was committed. Green street runs north and south, and the house in question, which is a two-story frame building, stands on the east side of the street, and, of course, fronts towards the west. The front door opens into a hall, from which, to the right, is a door opening into the front room or parlor. Back of the parlor is a sitting room, and on the north side of that room is a recess or alcove, used as a bedroom, and into which a door opens from the easterly extremity of the hall. In the northeast corner of this recess or alcove stood a bed, with its head to the north, and leaving a space of about four feet between the bed and the westerly side of the room. Back of the sitting room is a kitchen, in which also stood a bed; and in the kitchen is an outside door, opening into a narrow alley or passageway between the building in question and the one next north of it, running west to Green street. The night of the homicide, one room in the second story was occupied by Irving A. Truesdell, and Minnie Truesdell, his wife, and another by Lydia Morris and one Wolf Jacobs.

Irving A. Truesdell testifies that he and his wife went to bed between 9 and 10 o'clock. That he woke when the clock was striking 12, and heard a fight going on downstairs. That he heard scuffling, thumping, house jarring, and a weak groan. That he waked his wife up, and she went out, and was gone about 10 minutes, and then came back and went to bed. That about 15 minutes after he heard the scuffling, and about 2 or 3 minutes after his wife returned to bed, the defendant ran upstairs and cried out: ‘For God's sake, are all you people dead? Come downstairs. Somebody has killed Alice.’ That witness did not get up until the officers came, and did not look at the clock.

Minnie Truesdell testifies that, at about 12 O'clock of the same night she heard a terrible noise. The witness was awakened by her husband and went out to see what it was. That she met Jacobs and Mrs. Morris at the head of the stairs, who said they were quarreling downstairs. That they remained there and listened, Jacobs sitting on the head of the stairs, the witness standing looking over the banister, and Mrs. Morris looking through a place below the witness, where one of the rods was out. That the hall was dark. That at that time she could see nothing inside so as to distinguish its outline. That the time she heard the clock strike 12 could not have been more than a second after she got out into the hall. That the house was shaking. That after she got out there she merely heard a tumbling around. That it sounded as if two gentlemen should get up and have a fight, and just roll around. That no words were heard, but it sounded like fighting, tumbling, and struggling. That witness must have stood there five or ten minutes, Mrs. Morris and Jacobs remaining in the same positions already described. That the front door opening into the street was shut. That after they had been there about 5 or 10 minutes the defendant came out of the parlor door. That he came out not over a minute after the struggling ceased. That witness could see him by means of a light from the apartments of the defendant and the deceased. That she saw him clearly and distinctly, so that there was no question about its being the defendant. That after he came out she heard a sort of thumping inside. That defendant opened the parlor door, and walked to the outside door opening into the street, and stayed there about a second, and then turned into the parlor door and locked it. That witness and those with her then went back to bed. That about 10 minutes afterwards the defendant came up and called out: ‘For God's sake, are any of you people awake? Somebody has murdered Alice;’ and he came upstairs, and rapped on the door. That witness advised the others not to go out until the officers came. That the witness saw the defendant when he came out into the hall by the light which shone through the parlor door. That she noticed that he was then breathing loud.

Jacobs testifies that as the clock was striking 12 he heard a noise in the room below, and woke up Mrs. Morris, and said to her that there was a fight going on downstairs. That they got up, and went out into the hallway at the stairs, and listened. That witness was on the top stair, and Mrs. Morris knelt down and put her head through a place where one or more of the rods were gone, and looked directly down. That Mrs. Truesdell came out, and stood near the witness, looking over the railing. That it was about a minute after the clock struck before witness ran to the head of the stairs. That he and Mrs. Morris were there first, and that Mrs. Truesdell came a minute or two later. That witness' room, where he first heard the noise, was directly over the room from which the sound came, so that he could hear them plainly. That he went outside, and stood there about three or four minutes. That what he heard was like something bumping on the floor, and after he got outside he heard scuffling on the floor and against the door, but before he went out he heard a sort of scream by a female voice. That after he got out the scuffling continued about three or four minutes. That he then saw the defendant come out of the parlor door, leaving that door open, there being a bright light in the room, which reflected on him, so that the witness could see him distinctly. That the witness then and there had a full view of the defendant, so that there can be no question whatever about the person he saw being the defendant. That the time the witness saw him come out was after the struggle. That he cannot say exactly as to the length of time intervening, but it was not long, and could not have been more than between three and five minutes. That he heard a little scuffling in the room after the defendant came out into the hall. That witness could hear the defendant breathing loud after he came out. That he left the door open, and went to the front door, and opened it for a second or two, and stood there, and then went back into his room, and locked the door. That witness and Mrs. Morris went back to bed, and in probably 15 or 20 minutes the defendant came and rapped on the door, and cried out: ‘Are all you people asleep or dead? For God's sake come down. Some one has killed Alice.’ That the witness did not go downstairs until the officers came and called him and Truesdell down.

Mrs. Lydia Morris testifies that on the night of May 17, 1891, there was a terrible racket. That she was awakened by the noise as though some one was struggling, being bumped along the floor. That when she first heard the noise she was in bed with Jacobs. That the clock was then just striking twelve. That witness got up and went to the stairs. That Mrs. Truesdell came there, and they stayed there five minutes, while the noise—the wrestling—continued. That it was by the door at the end of the hall. That at that time the hall was not lighted up. That Jacobs also came out. That the defendant came out of the parlor door, leaving the door ajar, and opened the outside door leading to the street. That he came out about two minutes after the witness heard the noise. That the noise had not then ceased entirely, there being a noise as of something bumping against the door while the defendant was in the hall. That witness knew the defendant came out into the hall because she saw him. That he left his door ajar, and the light shone out across the hall upon him. That she is not mistaken about its being the defendant. That there is no question about it. That he stayed there a minute or two, and then closed the outside door, and went into his room, and turned the key, and was there 15 or 20 minutes, during which all was quiet. That she then heard him walking across the floor, and heard him say, ‘Alice, Alice;’ and he had no more than spoken these words when he rushed out into the hall, and said: ‘Are any of you people awake? If you are, come...