People v. Murray

• Decision Date: 22 December 1891
• Court: Michigan Supreme Court
• Parties: PEOPLE v. MURRAY.

50 N.W. 995

89 Mich. 276

PEOPLE v. MURRAY.

Supreme Court of Michigan

December 22, 1891

Certiorari to recorder's court of Detroit; F. H CHAMBERS, Judge.

Thomas Murray was convicted of murder, and brings certiorari. Reversed, and new trial granted.

A. A. Ellis, Atty. Gen., and S.W Burroughs, Pros. Atty., for the People. Oscar M Springer, for defendant.

CHAMPLIN C.J.

The respondent was convicted, upon an information charging him with the murder of Edward Shoemaker, in the recorder's court for the city of Detroit, presided over by the Hon. F. H. CHAMBERS, associate judge. The respondent was sentenced to be imprisoned in solitary confinement, at hard labor, for life, in the state's prison at Jackson, and is now undergoing sentence. He sued out a writ of error, and also a writ of certiorari. No bill of exceptions was settled or signed, and the return thereto brings up merely the record of the case, to and including the judgment, in which there appears to be no error. The writ of certiorari was based upon the petition of Oscar M. Springer, the attorney for respondent, made and sworn to in his behalf, and sets forth that the respondent was not accorded a public trial; that the public were excluded from day to day from the court-room during the progress of defendant's trial, as appears by the affidavits of Charles Flowers, William May, John B. Stadler, Michael McKeogh, Henry S. Self, Joseph Boushey, William Nash, and Thomas M. Donnelly, filed with said petition and made a part thereof. Thomas M. Donnelly's affidavit shows that he is an attorney at law; that during the progress of the trial of Thomas Murray, charged with the murder of Officer Shoemaker, he went to the recorder's court of the city of Detroit, where said case was on trial, and attempted to enter the court-room; that he was stopped in a peremptory manner by the officer at the door, who aked him this question, "Have you any business here?" to which deponent replied that "he had no particular business, except that he wanted to hear what was going on at the trial;" that thereupon the officer said to him, "The judge doesn't want to see you;" and shoved him away from the door, and closed the door in his face; he afterwards gained admission to the court-room through the clerk's office; that on entering the court-room he looked around, and saw how many persons were in the court-room, and according to his judgment there were not to exceed, outside of the officers of the court, the police commissioners, and policemen, a dozen persons in the court-room. The affidavit of Charles Flowers shows that he is an attorney at law practicing in Detroit; that he was of counsel for David McCormick, who was charged, with Thomas Murray, with the killing of Officer Shoemaker, and was present at the greater part of the trial of said Murray, which continued about two weeks; that after the jury were sworn, and during the continuance of the said trial, the public were excluded from the court-room, an officer being placed at the door of the court-room, who refused admission to the general public; that he on several occasions interceded with the said officer, and sought to gain admission for the friends of deponent and others, known by deponent to be reputable and orderly citizens, and such permission was invariably refused, the said officer informing Flowers that he had been instructed by the court to admit no one who had not business in the court. On each of such occasions he noticed that the court-room was comparatively empty, the only persons present being about a dozen policemen, three or four detectives, several police commissioners, and others apparently interested in the conviction of defendant; that on one occasion he protested against the secret trial which was going on, and asked the court to permit the public to enter; that the court replied that he did not propose to have the court-room crowded with people; that at the time this protest was made deponent counted the number of persons outside the bar of the court, and that there were five persons only present, and at the same time there were in the hall at least 20 persons, many of whom he knew to be reputable citizens, asking to be admitted; and he says that the seating capacity of the court-room is at least 200, and that at no time during the trial were there more than 20 persons in the court-room, outside of the officers and policemen before mentioned; that he can positively say that he saw at least 50 persons refused admission; that he was applied to by several citizens, and went with them to the officer at the door, and asked said officer to admit them; that they were friends of deponent, and had a right to witness the trial; and that on each occasion admission was peremptorily refused. The affidavit of William C. May shows that he is a citizen of the United States, and a resident of the city of Detroit, county of Wayne, and state of Michigan; that he is a deputy-clerk in the office of the county clerk for the county of Wayne; that during the progress of the trial of Thomas Murray, charged with the murder of Officer Shoemaker, he endeavored to secure admittance to the recorder's court where said Thomas Murray was on trial on the charge aforesaid, but was stopped at the door by a policeman; that he had considerable difficulty in gaining admission to said court; that he met in the corridor leading to the court-room two jurymen of the Wayne circuit court, who stated that they were desirous of attending said trial, and had been refused admission to said court-room; that before they could get into said court he had to obtain permission of the judge, although the benches in the court-room provided for the public were practically vacant; that the officer at the door of said court informed him that the general public was not allowed admission to the court; that he saw a number of persons standing around the corridor leading to the court who had apparently been denied admission. John B. Stadler in his affidavit says that he is a resident of the city of Detroit; that he attended the trial of Thomas Murray, charged with the killing of Officer Shoemaker; that he had difficulty in getting into the court-room, and would not have been admitted had it not been for the intervention of the prosecuting attorney; that during the trial, which lasted for nearly two weeks, he knows that the public generally was excluded from the court-room; that he has seen a number of persons from day to day trying to gain admission to the court-room, and who were not admitted by the officer, although there was plenty of seating capacity in the court-room for spectators and the public; that on one occasion he remembers having seen persons trying to gain admission, and they were refused by the officer at the door, and knows that there were not to exceed five or six persons sitting in the benches provided for the public; that he has seen the hall leading to the court full of people who were excluded from the court-room, although the benches provided for the public inside were practically vacant. Michael McKeogh's affidavit shows that he is a citizen of the United States, and a resident of the city of Detroit; that he attempted to gain admission to the court-room for the purpose of witnessing and hearing the trial; that he was

stopped in a peremptory manner by a police officer stationed at the door, and informed that he could not go in; that he had an opportunity of seeing into the court-room, and can positively say that the benches provided for the public were practically vacant. Henry S. Self says that during the progress of the trial he made application on two different occasions for admission to the court, on both of which there was an officer stationed at the door of the court-room where Murray was on trial, and he was refused admission by the officer at the door; that on both occasions he saw a number of persons trying to gain admission, who were refused in a peremptory manner by the officer at the door, notwithstanding the fact that the benches in the court-room provided for the public were practically vacant. Joseph Boushey swears that he is a resident of the city of Detroit, and a citizen of the United States, and has lived in the city of Detroit for a number of years; that on the 22d and 23d of April, during the trial of Thomas Murray, he applied for admission to the court, and was peremptorily refused, although there were very few people in the court-room; that on the 22d day of April he stood around the corridor leading to the court-room from 9 o'clock in the morning until 12 at noon, and that during that time he saw at least 50 persons try to gain admission, who were refused admission to said court-room; that he is able to say positively that there were not on that day to exceed a half dozen persons sitting in the benches of said court-room on the north side thereof; and again, on the 23d of April, he was in the corridor leading to said court-room, and saw at least 50 persons who were peremptorily refused admission by the police officer stationed at the door, there being not to exceed a half dozen persons sitting upon the benches in the court-room. W. C. Nash swears that he is a resident of the city of Detroit, and that he made application for admission to the court-room during the progress of the trial of Thomas Murray, charged with the murder of Officer Shoemaker; that he was peremptorily refused admission by the police officer stationed at the door of said court; that he had an opportunity to see into the court-room, and knows that the benches on the north side of said court-room provided for the public were practically vacant, and that at the time he made application for admission to said court he saw a number of persons in the corridor leading to...