People v. Corey

• Decision Date: 18 February 1896
• Citation: 148 N.Y. 476,42 N.E. 1066
• Parties: PEOPLE v. COREY.
• Court: New York Court of Appeals Court of Appeals

148 N.Y. 476

42 N.E. 1066

PEOPLE

v.COREY.

Court of Appeals of New York.

Feb. 18, 1896.

Appeal from court of oyer and terminer, Madison county.

Michael Corey was convicted of murder in the first degree, and appeals. Reversed.

Albert O. Briggs, for appellant.

Joseph D. Senn and M. H. Kiley, for respondent.

MARTIN, J.

The defendant appeals from a judgment of the Madison oyer and terminer, entered upon the verdict of a jury, convicting him of the crime of murder in the first degree. The evidence discloses that the defendant stabbed James George, an Indian, with a knife, or some other sharp instrument, and that the would thus inflicted caused his death. The defendant was known by the name of Michael Kelley, as well as by the name of Michael Corey. The assault which resulted in the Indian's death occurred in the evening of the 27th of September, 1894, at the house or place where Frank Webb and his family then resided, in the town of Eaton, Madison county, N. Y. At and prior to the time of the affray the defendant had been living or boarding with the Webb family, and had made it his home with them, more or less, for about one year. There were present at Webb's, when the affray occurred, the defendant, the decedent, Cora Bennett, and Webb's family, which consisted of himself, his wife, and six children, who were from 1 to 17 or 19 years of age. The place where Webb resided was a mere shanty, consisting of one room, 12 by 16 feet, with one small window and a door. There was but little furniture in the room. On the day of the homicide the defendant had been assisting Webb in putting up a woodshed, or lean-to, adjoining the house or shanty, and had been there during the entire day. The decedent stayed at Webb's the previous night, but had been absent during the day, and returned at about 7 o'clock in the evening. The evidence tends to show that all the persons present when the decedent was stabbed were more or less intoxicated, with the exception of Webb and his younger children. During the afternoon and evening two jugs of beer, a quart of whisky, and a pint of alcohol had been furnished; and all had been drank by the persons there, except a portion of one jug of beer, and a pint of whisky. The evidence also tends to show that the decedent was a strong, healthy Indian, of a somewhat quarrelsome character, while the defendant was not in robust health, and was usually a quiet and peaceable man. When the decedent returned to Webb's house, in the evening of that day, he brought with him some provisions for the family, a portion of which Mrs. Webb cooked for his supper. The defendant, at the invitation of the decedent, ate with him. During the evening, a portion of the time before the homicide had been spent in dancing. Shortly before the affray the defendant had complained of the decedent for sitting upon a bed on which some of the girls were lying. He also expressed to Mrs. Webb a feeling of hatred for the decedent, his design to have revenge upon him, and declared that he ‘would lick him if it cost his life to do it.’ About the time the encounter took place, the decedent was talking with Susan Webb, when the defendant said to him, ‘What do you talk to her for?’ To which the decedent replied, ‘Ain't I a right to talk to this girl?’ The defendant then jumped up, saying: ‘No, you ain't [calling the decedent a vile name]. I will fix you;’ at the same time striking him with his fist. Whether the decedent simply warded off the blow, or struck the defendant a blow in return, is not entirely clear, but the evidence tends to show that he simply warded it off. Immediately following this, the defendant struck and stabbed the decedent six or seven times with a knife, or some other sharp instrument,—probably a small knife belonging to one of the Webb girls,—and immediately left the house. The decedent attempted to sit upon a chair, but fell upon the floor, and was then discovered to have been stabbed. The defendant shortly left the county of Madison, went to New York, and, when arrested, was found at a hospital on Blackwell's Island. The decedent lived until about the 4th day of October, 1894, when he died from the effects of the injury inflicted upon him by the defendant. No other or further statement of the facts preceding or surrounding this transaction need be made, to present the questions involved.

On the trial a letter and two envelopes were offered in evidence. They were objected to by the defendant upon the grounds that they were incompetent and inadmissible, that no foundation had been laid for the evidence, and that they were not properly proved or shown to have been written by the defendant. These objections were overruled, and the letter and envelopes were admitted in evidence. To this ruling the defendant excepted. The letter was as follows:

‘New York City, Sunday, October 21st, 1894. Dear Susie: I thought I write you these few lines, hoping they may find you and all the rest of the family in good health, and getting along good. Susie, I can't tell you how sorry I am for getting in that trouble, and having to leave you; but you are as much to blame as I am, for if you hadn't carried on the way you did that night I would not have got fighting with that G___d d___n Indian; but never mind; it may be all for the best, Susie. After I had that trouble that night, I went down to Ira Spaulding's, and stayed there until morning, and was going to work for him that day; but I was afraid Jimmie would get a warrant out for me, so I made up my mind the best thing I could do was to come to New York until it would blow over. Susie, I can't tell you how lonesome I am without you, and how I long to be back home with you and mother again; for, Susie, I always looked on your mother as my own, and she always treated me like if I was her son; and we would have got along all our life without a word, only for that Jimmie coming there. Well, Susie, I don't do anything yet. I am living with my brother, since I came to New York. As he is pretty well off, now, I have anything I want from him; but I expect to get a good job soon, and if I do you will hear from me. Well, Susie, I was telling my brother about you, and that you wanted him to come out and see you, but he wouldn't leave the city for anything, as he said he would die if he had to live as we live up there. Well, Susie, I want you to get some one to write a letter for you to me, and let me know how you are all getting along, and if Jimmie made much of a fuss over that trouble, and if everything is all right. Now, if you don't want to get any one to write for you, why write yourself, if it was only two words, for I long to hear from you, Susie. Although you are 300 miles away from me, I am always thinking of you, both night and day. You are always in my thoughts. Remember, Susie, I love you with all my heart, and shall never forget the way you treated me, let it be good or bad. Remember, also, that I have often told you that I would kill any one that would come between us; and so, Susie, so help me God, I will, and that is why I cut Jim with that knife. I meant to kill him, and will, if I didn't, if he ever comes monkeying around you again while I am there, the G___d d___n big Indian bum. I was always down on him for putting his hand up little Mary's clothes. I had a right to get him arrested right there, then, G___d d___n him; but I will say no more now, but will now close, hoping to hear from you soon. Susie, tell your mother, and all the rest of the family, I was asking for them, and send them my love. Susie, kiss little Gertie for me. Susie, I will send you an envelope already addressed, so all that you will have to do is to write your letter and post it, and I will get it all right. Be sure and write soon, as I long to hear from you. Mike XXX.

‘Tell Libbie I was asking after her.’

The envelope in which this letter was inclosed had upon it the following address: ‘Mr. Frank Webb, care of Mr. Lewis, Postmaster, Pratt's Hollow, New York.’ It was postmarked, ‘New York, Oct. 22nd, 10 a. m.’ Inclosed with the letter was an envelope directed, ‘Mr. Hugh Foley, 53 Bowery, Phoenix House, N. Y.’

The only evidence upon the trial tending to show that the letter or the envelopes received in evidence were written or addressed by the defendant was the testimony of Frank Webb and Susan Webb, and certain statements proved to have been made by the defendant. Frank and Susan Webb testified they had seen the defendant write, and that the letter was in his handwriting, and Frank Webb testified that the envelopes were addressed by him, while Susan testified that they were not. The admissions claimed to have been made by the defendant were made shortly after his arrest in the city of New York. To fully understand the nature and extent of this evidence, and to determine the effect that should be given to it, it is necessary to examine it somewhat in detail. Frank Webb testified upon his direct examination that he had seen the defendant write; that he knew his handwriting; that he could read his writing,—could read it better than any one else's; that he saw Kelley sign his name, ‘Michael Kelley,’ in the Testament; that he wrote his name ‘Michael Kelley’; and that he wrote the words ‘Mr. Frank Webb’ in the Testament. He then testified he did not know as he saw him write anything in the Testament except his name, which was printed in Roman letters, and finally said he did not see him write any more. He was then asked if the letter and the two envelopes mentioned were in the handwriting of the defendant.This was objected to as incompetent, inadmissible, and that the witness was not shown competent to judge. The objection was overruled, and he testified that they were. On his cross-examination he stated distinctly that he never saw the defendant write, except to print his name in the Testament. When his attention was called to the envelope contained in the letter, which he had already...