People v. Beller

• Decision Date: 06 September 1940
• Docket Number: No. 89.,89.
• Citation: 294 Mich. 464,293 N.W. 720
• Parties: PEOPLE v. BELLER.
• Court: Michigan Supreme Court

294 Mich. 464

293 N.W. 720

PEOPLE

v.BELLER.

No. 89.

Supreme Court of Michigan.

Sept. 6, 1940.

Louis Beller was convicted of conspiring with another to murder defendant's wife, and he appeals.

Reversed, and defendant discharged from custody.

Appeal from Recorder's Court of Detroit; John J. Maher, judge.

Argued before the Entire Bench.

Lewis J. Weitzman and Paul J. Wieselberg, both of Detroit, for appellant.

Thomas Read, Atty. Gen., Duncan C. McCrea, Pros. Atty., and William L. Brunner and John D. O'Connell, Asst. Pros. Attys., all of Detroit, for appellee.

BUTZEL, Justice.

Louis Beller was convicted of conspiring with Annie Warheit to murder Mrs. Beller. Beller was a successful wholesale poultry merchant in the city of Detroit. He conducted his business at a store owned by himself and his wife near the eastern market. Mrs. Beller worked with him whenever she felt able, absenting herself only on Fridays and Sundays. Mrs. Warheit had been a good friend of the Bellers, having been a frequent guest at their home prior to the time Bellers moved to a new home on Woodingham Drive. Mrs. Warheit's son married a daughter of the Bellers, but it appears that he had little to do with his mother after this father was granted a divorce in 1935. Mrs. Beller had been sick for several years, suffering from nervousness and other ailments associated with her age of life; Mrs. Warheit accompanied her on visits to her physician. Mrs. Warheit knew that the physician had prescribed a tonic, and that it was kept in the electric refrigerator in the Beller home, for she herself had administered it to Mrs. Beller when the latter was ill in bed. This, however, was before the Bellers moved to their new home and before the friendship between Mrs. Beller and Mrs. Warheit was broken off because she became a part of a domestic triangle.

Mrs. Warheit had worked part time with the Bellers at their poultry business but ceased to work there because of disagreements. Mr. Beller nevertheless furnished her with a weekly allowance, bought her used automobiles and a fur coat, and continued to see her clandestinely at a room she rented, for which he paid. These meetings ran on for about four years. Except for these transgressions, Mr. Beller seemed to be otherwise devoted to his wife, having bought her an expensive fur coat, a high grade new automobile, sent funds to her impoverished sister, maintained life insurance with her as beneficiary, bought a new home in their joint names, and left the old hime in her sole name and permitted her to retain whatever income there was from it.

To get Mrs. Beller out of the way, Mrs. Warheit sought out a man who had acted as a dealer in a gambling house and offered him $25 if he would put poison in the medicine Mrs. Beller kept in the refrigerator at home. He was told that there had been some trouble with the refrigerating mechanism and that he could disguise himself as a repair man to gain access to the home. He declined to do the job himself, but stated that he could get another to do it, whereupon he told the story to a detective who disguised himself as a refrigerator service man. The detective met Mrs. Warheit and received from her a bottle of muriatic acid and $20. They drove up to the Beller home and Mrs. Warheit was immediately placed under arrest. Shortly after the arrest, she told a detective that Mr. Beller was in the conspiracy with her. At the police headquarters she made a statement to a stenographer which implicated Beller, and he was promptly arrested. Beller made a statement that evening in which he denied any part in the conspiracy, but made the following remarks which are relied upon by the people as a confession:

‘Q. You didn't want to rent a room? A. No; and she used to go in and write letters, and she used to send people, and call me up, and I was in business and I couldn't get out—and one time she comes right in the store, and the bookkeeper was there, and she pretty near want a fight then, and I say to her ‘Don't bother me’ and she say to me ‘Well, I am going to take your life and shoot you,’ and I say ‘All right, go ahead, but don't bother me’ and she say ‘I am going to see your wife,’ and I say ‘Don't bother my wife; just talk to me, but don't bother her,’ see—and I am to blame for everything, myself.'

Several questions are raised in this appeal. The main question is whether there is any competent proof that Mr. Beller conspired ot commit murder. The prosecution relied to a great extent on the extrajudicial admissions of the defendants. It is true that the acts and declarations of one conspirator done or made while the conspiracy is pending, and in furtherance of its object, are admissible against...