People v. Weaver
| Decision Date | 24 March 1896 |
| Citation | 108 Mich. 649,66 N.W. 567 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. WEAVER. |
Error to circuit court, St. Joseph county; George L. Yaple, Judge.
John W Weaver was convicted of murder, and brings error. Affirmed.
Newton H. Barnard, for appellant.
Fred. A. Maynard, Atty. Gen., and Bishop E. Andrews, Pros. Atty for the People.
The respondent was convicted of murder in the second degree. He and one Tempia Ann Cotton, colored people, were living together at Three Rivers, though not married to each other. Two or three days prior to the 13th of December, 1892, she and one Bradford had gone to Cassopolis together. This did not please Weaver. She returned home about 5 o'clock in the afternoon of December 13th. That evening the respondent had his revolver fitted with cartridges. At about 3 or 4 o'clock the next morning, she went into the room where Weaver slept. About 4 o'clock he shot her three times. What occurred before the shooting is disputed. Mrs. Cotton died at 5 o'clock December 19th. Before dying, she made declarations as to the occurrences of the shooting, which were admitted in evidence as dying declarations. This is assigned as error. The shooting was at 4 o'clock. Dr. Scidmore got there not to exceed a half hour later, and found her in her night clothing, lying on a couch, quite bloody. After examining her, he came to the conclusion that at least one of the shots was fatal. The doctor said to Mrs. Cotton that while there was life there was hope. She expressed to him a desire to live, though she did not think she could live. She said she could live but a little bit. The doctor informed her that it was practically a hopeless case. The doctor was then allowed to state what she said about the shooting. Mr. Van Horn, a justice of the peace, also had a conversation with Mrs. Cotton, on the same day, lasting from about 9 o'clock until 12, and took her statement in writing, which was sworn to. Before taking her statement, he asked her whether, from the knowledge of herself and what the doctor had said to her regarding her condition, she believed she would live. She answered that she thought probably she must die, but she hoped for the best. In the writing were these words: "From the doctor's statement and my own feelings, I believe I am liable to die from the wounds; and it is in full view of my probable death that I make these statements under oath." Mr. Van Horn was allowed to testify as to what was stated to him orally by Mrs. Cotton, and the written statement was read in evidence. This was alleged to be error. His testimony as to oral statements was stricken out.
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