Pentecost v. State

• Decision Date: 13 June 1895
• Citation: 107 Ala. 81,18 So. 146
• Parties: PENTECOST v. STATE.
• Court: Alabama Supreme Court

18 So. 146

107 Ala. 81

PENTECOST v. STATE.

Supreme Court of Alabama

June 13, 1895

Appeal from circuit court, Madison county; H. C. Speake, Judge.

Sidney Pentecost was convicted of allowing a prisoner to escape, and appeals. Affirmed.

Upon the trial, as is shown by the bill of exceptions, the state introduced J. P. Powell as a witness; and after he had testified that he was the sheriff of Madison county, the solicitor asked him, "When the office of Sidney Pentecost, as deputy sheriff, began, and to state whether or not he had given said Pentecost written authority to act as his deputy?" The defendant objected to this question on the ground that it was illegal and inadmissible; and duly excepted to the court overruling his objection. The witness answered that he had given Sidney Pentecost written authority to act as his deputy, shortly after he became sheriff, but did not remember the exact date; that he had not seen the paper since he gave it to Pentecost; and that he had made a verbal demand upon him for the paper. This witness was then asked to state the contents of the instrument appointing Pentecost his deputy. The defendant objected to this question because it was illegal, inadmissible, and because no proper predicate had been laid for the introduction of the contents of said instrument. This objection was overruled, and the defendant duly excepted. The witness then replied that said written instrument was substantially as follows: "I hereby authorize Sidney Pentecost to execute all papers that may come to his hands from my office, and to do such other duties as devolve upon him by law;" and that said instrument was signed by him as sheriff of Madison county. The defendant objected to this testimony because the same was illegal, inadmissible, because no proper predicate had been laid for its introduction, and because it was not shown that said Sidney Pentecost had taken the oath of office prescribed by section 255 of the Code, before proceeding to enter upon the duties devolving upon a deputy sheriff. The court overruled this objection, and the defendant duly excepted. One Jos. J. Smith was introduced as a witness for the state and testified that an affidavit was made out before him, as a justice of the peace for Madison county, charging Jim Jones Jr., with an assault with a gun upon Jim Jones, Sr.; and thereupon the state asked the witness, "Whether or not he had issued the warrant of arrest for Jim Jones, Jr., upon said affidavit?" To which question the witness answered he had; and had delivered the warrant to the sheriff Powell. The defendant objected separately to this question and answer, and separately excepted to the court overruling his objection. The witness was then asked by the state, "If he had ever asked Pentecost for said writ since he had issued it?" The defendant duly excepted to the court overruling his objection to this question; and the witness answered that a day or two after said warrant had been issued Pentecost came into his office, and stated that he had lost said warrant of arrest, and that he had arrested Jim Jones Jr.; but he had escaped and wanted an alias in order to rearrest him. The witness further stated that, notwithstanding he had demanded the warrant from Pentecost two or three times, Pentecost never returned it, but said that it was lost. The defendant objected to this answer, and duly excepted to the overruling of his objection. Against the objection and exception of defendant, this witness then stated the contents of said warrant of arrest. This witness further testified that Pentecost told him he had arrested Jim Jones, Jr., and while he was bringing him to jail, he escaped; but that he, Pentecost, had his watch. The court overruled the motion of the defendant to exclude this testimony, and the defendant duly excepted. Upon the reintroduction of the sheriff Powell, as a witness for the state, he testified, in answer to a question, if he had any conversation with the defendant about the escape of Jones, that Pentecost told him that he arrested Jones, but he got away from him; that while he was bringing him on to Huntsville, the said Jones asked him to let him attend to a call of nature; that he took one of the handcuffs off, and allowed him to get down from the mule he was riding; that he then got back on the mule; and that as he was near to Huntsville, the prisoner seemed to be so gentle, that he took the other handcuff off of him; and that just as they were entering the city of Huntsville, the prisoner jumped down from his mule, and made his escape through an alleyway; that he pursued him, but was unable to catch him. The defendant objected to the question that elicited this testimony, and also moved to exclude the testimony; and duly excepted to the court overruling his objection and motion. On cross-examination, Powell testified that the defendant did not take any oath as deputy sheriff, and no certificate was made and indorsed as prescribed by section 255 of the Code. Upon the introduction of Jim Jones, Jr., as a witness by the state, he testified that he was the man who was arrested by the defendant Pentecost; that Pentecost came and read him a paper which he said was a warrant for his arrest for assault with a gun on Jim Jones, Sr.; witness did not read the paper, and could not read writing but very little; that he did not know what the paper was, except from what Pentecost said; that Pentecost then arrested him, and put a pair of handcuffs on him, and took his pocketbook and knife away from him, and started with him to Huntsville; that on the way the witness asked Pentecost, whether or not he ever turned a man loose for money; that upon Pentecost saying he never had, witness told him he would give him his watch and all the money in his pocketbook, except a dollar and a half if he would turn him loose; that Pentecost took his watch, and returned him a dollar and a half of his money, and when they got near Huntsville he turned the witness loose, and he made good his escape.

The defendant introduced several witnesses, who testified that they knew the general reputation for truth and veracity of the witness Jim Jones, Jr., in the community in which he lived; that it was bad, and they would not believe said Jones on oath. He also introduced several witnesses, who testified that they knew the general reputation of the defendant for fidelity and honesty in the community in which he lived, and that it was good. The defendant, as a witness in his own behalf, testified that he received a warrant of arrestissued by J. J. Smith for the arrest of Jim Jones, Jr., charging him with an assault with a gun on Jim Jones, Sr.; that the warrant was handed to him by Powell, the sheriff, who asked him if he would execute it for him; that on his way to arrest said Jones, he lost a blank book out of his pocket, and also lost the warrant; that when he came up to Jim Jones, Jr. "he pulled out another paper, and read it over to him, as if it was a writ of arrest, and took him into custody; that he did not have the warrant at the time he arrested him, but had lost it." The defendant further testified that after his arrest, he put handcuffs on Jones, and took his pocketbook away from him, which was in keeping with the custom of officers when they arrested persons; that on their way to Huntsville, the prisoner asked the defendant, if he had ever turned a man loose, to which he replied no, and would not do so for one hundred dollars; that the prisoner then asked defendant if he would go to see his father, and try to get him to compromise the case, and promised to pay defendant two dollars if he would, and said he would give him his watch to keep until the prisoner paid him the two dollars; that defendant agreed to do this, and handed the pocketbook back to him, and the prisoner gave defendant his watch to keep until he should pay him the two dollars agreed upon; that on their way to town the prisoner said he wanted to attend to a call of nature, whereupon the defendant took one of the handcuffs off, and allowed him to do so; that just before getting into Huntsville, the defendant took the other handcuff off of the prisoner, saying to him that he never carried a man through town handcuffed; that just as they were entering Huntsville, the prisoner jumped down from off the mule he was riding, and made his escape through an alleyway; but defendant did not voluntarily allow the prisoner to escape and tried to recapture him, and could not. The defendant further testified that he had returned the prisoner's watch to his father, had never made any claim to said watch; and that when Jim Jones, Sr., the father of the prisoner, demanded the watch he told him he would have to get advice on the subject, but afterwards delivered the watch to him; and that said Jones, Sr., did not threaten to prosecute him for not delivering the watch. In rebuttal, the state introduced Jim Jones, Sr., as a witness, and he testified that he did threaten to prosecute the defendant before he turned the watch over to him. The state then introduced again J. J. Smith, and asked him, "Whether or not he had a conversation with Sidney Pentecost relative to the demands said Jones, Sr., was making for said watch upon said Pentecost?" The defendant objected to this question because it was illegal and inadmissible, and duly excepted to the court overruling his objection. The witness replied, that he had, and said Pentecost stated he had a claim on the watch for services rendered; that the prisoner Jones had employed him to go to see the prisoner's father in reference to compromising said cause against him; that if he arrested Jones, Jr., in a week, he would give him the watch; but if he did not arrest him in that time, he would turn the watch over to the...