People v. Druse

• Decision Date: 26 October 1886
• Citation: 103 N.Y. 655,8 N.E. 733
• Parties: PEOPLE v. DRUSE.
• Court: New York Court of Appeals Court of Appeals

103 N.Y. 655

8 N.E. 733

PEOPLE

v.DRUSE.

Court of Appeals of New York.

October 26, 1886.

Conviction for murder. Defendant appeals.

H. D. Luce, for appellant, Druse.

Eugene E. Sheldon, Dist. Atty., for the State.

ANDREWS, J.

The defendant was convicted at the oyer and terminer in Herkimer county, on the sixth day of October, 1885, of the murder of her husband, William Druse, in the town of Warren, in that county, on the eighteenth day of December, 1884. The general term has affirmed the conviction, and the only questions cognizable in this court are those arising upon exceptions taken in the course of the proceedings. People v. Boas, 92 N. Y. 560;People v. Guidice, 100 N. Y. 503; S. C. 3 N. E. Rep. 493.

It is not disputed that the decased came to his death by the act of the defendant. The only defense attempted to be made on the trial was justifiable homicide. The history of the transactions at the house of Druse on the day of the homicide, as narrated by the witnesses on the part of the people, discloses one of the most remarkable tragedies to be found in the annals of crime. The deceased was a farmer, and lived with his wife and their two children—Mary, of the age of about 19 years, and George, of the age of about 10 years—on a small farm in the town of Warren. Frank Gates, a nephew of the defendant, about 14 years of age, was also, at the time of the homicide, a member of the family. The husband and wife had frequent altercations, and their relations for several years prior to the homicide had been very unpleasant. He was a shiftless farmer, a poor provider, often abusive to his family, and the contracting by the wife of small debts at the stores for clothing and supplies for herself and her children was the occasion of frequent quarrels between them.

The homicide occurred on the morning of the eighteenth of December, in the kitchen of the house. The sole evidence of eye-witnesses of the transaction is that of Frank Gates, and George Druse, and his sister Mary. The two boys were sworn on the part of the people, and Mary Druse, upon whose testimony alone the defense of justifiable homicide was sought to be supported, was sworn in behalf of the defendant.

The testimony of the two boys, who differ as to some of the details, but who agree in the main facts, may be briefly stated. It appears from their story that the deceased, after having done his chores, came in to his breakfast, and sat down at the table in the kitchen, with his back to the stove. The defendant and the two boys and Mary Druse were in the room, but were not at the table. The deceased commenced finding fault with the tea, addressing his wife in harsh and profane language, and complaining of the storebill. The defendant went into the buttery or parlor, and came out with a revolver, which she held under her apron. She then spoke to the boys in a low tone, and told them to go outdoors. They went out, and George testified that he heard two or three shots. Frank Gates heard noise as of chairs being tipped over, but heard no shots. The defendant then called Frank Gates into the house. He came in, and found Druse sitting in his chair, with a rope around his neck; and the defendant required Frank to take the pistol, and fire at Druse, using at the same time threatening language. He took the pistol, and fired as directed, and after that the defendant took the pistol, and fired again at her husband. He fell or was thrown from the chair, and the defendant then took an axe, and hit him on the head; and he said, ‘Oh Roxy, don't!’ She then severed the head from the body, and rolled it up in a newspaper or a skirt, and carried it into the parlor. She then directed the boys to go upstairs, and bring down a straw tick, which they did, and, placing the body upon that, it was dragged into the parlor. She then sent the boys down to a brush lot to get a sharp axe, which they brought. She had newspapers placed over the kitchen windows, and set Frank Gates and her daughter, Mary, to watch them. She afterwards sent the boys out after wood. They brought in dry shingles in a clothes basket, and they were taken into the parlor. She then sent Frank Gates to a neighbor's for matches. The day was apparently spent by the defendant, assisted by her daughter, in cutting to pieces and burning the body of her husband, while in the afternoon the boys amused themselves by playing checkers. The next day the refuse in the stoves, containing the unconsumed portions of the body, was collected, and put into a box, which was...