People v. Hull

• Decision Date: 03 July 1891
• Court: Michigan Supreme Court
• Parties: PEOPLE v. HULL.

49 N.W. 288

86 Mich. 449

PEOPLE v. HULL.

Supreme Court of Michigan

July 3, 1891

Exceptions from circuit court, Wayne county; C.J. REILLY, Judge.

A. A. Ellis, Atty. Gen., and S.W Burroughs, Pros. Atty., for the People. John G Hawley, for defendant.

LONG J.

The respondent was convicted in the Wayne circuit court, before a jury, of murder in the first degree. The case is brought up on exceptions before sentence. The claim of respondent's counsel in this court is: (1) That the court erred in not charging the jury that under the evidence the respondent could not be convicted of murder in the first degree. (2) That there was no evidence on which the respondent could have been justly convicted, and the court should have so instructed the jury; that the court should have granted the motion to quash, and limited the information to one for manslaughter. (3) That the circuit court improperly restricted the cross-examination of the witnesses for the prosecution. (4) That it was a violation of a constitutional right of respondent to take the jury to view the premises in the absence of the respondent. (5) That the jury, or some one of them, was guilty of misconduct in drinking intoxicating liquors while viewing the premises.

In order to get a complete understanding of the claims made, it will be necessary to state somewhat in detail the circumstances surrounding the transaction by which the deceased came to his death, as well as some of the circumstances occurring immediately preceding that time. The respondent at the time the alleged crime was committed was about 21 years of age, and about a year before that moved to the village of Highland Park, some 5 or 6 miles from the city of Detroit, upon a subdivision of land owned by his father. Prior to that time he had resided with his parents in the city. Just at the northern extremity of the village of Highland Park is an hotel kept by Mr. Beatty called the "Highland Park House." On the 21st day of November, 1890, respondent had been in the city of Detroit, and on his way home was accompanied by one Am brose Jones, who also lived at the village of Highland Park. They reached the Highland Park House in the evening of that day, and together entered the barroom, where liquors were kept. Mr. Dubois, the deceased, was the hostler and general man of all work about the hotel. Mr. John A. Duncan was the bar-tender there, and George Johnson was employed about the hotel. These parties were all present when Hull and Jones reached there that evening, between 6 and 7 o'clock. Mr. G. W. Beatty, the proprietor and manager of the hotel, testified upon the trial that when he came out from supper he found the respondent and Jones in the saloon of the hotel, and that he talked with respondent about arranging to pay a bill for liquors which the respondent owed him, and in the course of the conversation he and respondent went out upon the back porch; the respondent leaning against the outer post of the porch, and the witness standing near the door. While they were in that position, and so talking about this bill, the respondent promised, if Mr. Beatty would come over the next morning, to let him have some chickens in payment of the bill. While the talk was going on between Beatty and the respondent, the deceased came out of the door, and said: "I don't see what in hell is the use of going over there again. I went over there once, and I don't want to do it again. I don't suppose we would get any chickens if we went." The respondent was talking about the subdivision of land upon which he lived, when the deceased said to him: "I don't think you care whether you pay what you owe or not. You don't care much about paying your debts. I pay my debts, and I haven't any subdivisions; but I pay my debts, and that is more than you do." The witness then described what took place thereafter, as follows: "At that, Dubois started down the steps, and he tripped on the mat and fell against Hull. Hull stood with his back to the railing, and fell over, and Dubois threw his arm around the post, and caught Hull by the leg or coat, and let him down. Hull lit on his face and hands. The last thing I saw of him was his heels on the banister. He began calling names under the steps, and there was quite a racket, and Dubois started to run down. I was afraid there might be some trouble, so I ran down, and stepped between the two, and took Dubois away, and led him over to the barn." This seems to have been the first difficulty between these parties, except that two or three months prior to that time they had had some words, in which it was claimed by respondent that Dubois had abused his dog. It appears that, after Beatty had led Dubois to the barn, Johnson and Jones had gone down the steps, and assisted the respondent to get up, when, as Johnson claims, respondent took a revolver from his pocket and exhibited it to Johnson, saying, "If Dubois bothers me, I will do him up." The respondent returned to the barroom, followed by the witnesses Beatty, Johnson, and Jones. He there requested a drink, but was refused by Mr. Beatty. Being refused, he told Mr. Beatty that he would not pay the debt, and he could not have the chickens, and said he would go home. He started out of the door leading upon this porch; passed in the rear of the hotel eastwards towards his home. Mr. Beatty says that, a few minutes after, Dubois came in at the side way; sat down a few moments by the fire; then got up, and went into the kitchen. That, shortly after, he heard somebody hello; looked out, and saw the respondent standing north of the hotel. That, a few minutes after, Dubois came out through the back gate in the beaten path that leads to the barn, and when he got just past the respondent he turned, quickened his pace, and went towards him, and that Hull made some remark which he could not hear, but Dubois did not stop, and, when within probably 10 feet, Hull fired, and he saw the sparks fly from the cigar which Dubois was smoking. That he turned round to make a remark to Jones, but, before there was much time to say anything, Dubois ran towards the respondent, who backed up until he got opposite the other porch, (being the side porch of the hotel,) when the second shot was fired by Hull, and Dubois fell at the respondent's feet. That the respondent backed up 20 or 30 feet before the second shot was fired; Dubois following him up. Beatty ran down the steps, and took hold of the respondent, and took the revolver away from him. Respondent went back to the saloon of the hotel, and remained there until he was turned over to the care of an officer. Mr. Beatty's testimony was corroborated in a measure by the testimony of Johnson and Jones, though they contradicted each other in a measure as to where they stood at the time the shot was fired. The respondent testified that as he and Beatty stood talking, out upon the back porch, Dubois came to the door, and said, "'Why in hell don't you pay your debts?' said he always paid his debts, and wanted to know why I didn't pay mine. I told him again that I did not know that it was any of his business. Dubois stepped quickly towards me, across the veranda, and called me several names, and then went back again. When I told him I did not know it was any of his business, he jumped at me, struck me in the chest, and knocked me over

the railing. He then came running down at me, and Mr. Beatty took him towards the barn." After being in the bar-room for a time, the respondent said that, when he went out of the back door, he started for home; went through the lane, as it was a half a mile nearer to his home. That when he got near the red house, where Dubois lived, he heard a noise that sounded like rocks being thrown, and thought to himself that he would not have any trouble, and would go back, and come around the road. That he started back, got in between the hotel and the barn, and saw Dubois come out of the gate in the back fence, coming towards him on a run. That he helloed then to Mr. Beatty, as he did not want any trouble, and thought he would take him off. That, when Dubois got to within 15 or 20 feet of him, he thought of his revolver, and thought he would take it out and scare him. That he called to Dubois, and said, "I have a revolver. You keep away from me." Dubois did not stop, and he shot the revolver off into the air. That he was then running backwards, and Dubois running very fast after him, and, overtaking him, stopped him, knocked him down, and was on top of him when he (the respondent) fired the last shot. Respondent says: "I don't know, and I can't say, whether I shot it on purpose, or whether I did not; but I suppose I did. I was very much excited, and don't know how the revolver went off. I was lying there, and he was on top of me and pounding me, and all of a sudden I felt him grow limp, and knew that something had happened. I shoved him off of me, and Beatty came up, and I gave him my revolver. I did it because I had to protect myself."

The theory of the defense upon the trial was that those in the hotel having seen the trouble between Dubois and the respondent, by which Hull was either accidentally or intentionally pushed over the railing by Dubois, and knowing that Hull was afraid of Dubois, had got one of their number to throw something after him to frighten him back, and when he was coming back they told Dubois that he was coming back and going to do him up. There was no direct evidence given of this upon the trial, and nothing to show upon this record this fact, except, as defendant's counsel claims, from the circumstances which are to be gathered from the facts proven, and the talk of the parties there that evening. It appears upon the cross-examination of Mrs. Dubois, the wife of the deceased, that...