People v. Welke, 65

• Decision Date: 09 March 1955
• Docket Number: No. 65,65
• Citation: 68 N.W.2d 759,342 Mich. 164
• Parties: The PEOPLE of the State of Michigan, Plaintiff and Appellee, v. William F. WELKE, Defendant and Appellant.
• Court: Michigan Supreme Court

Page 759

68 N.W.2d 759

342 Mich. 164

The PEOPLE of the State of Michigan, Plaintiff and Appellee, v. William F. WELKE, Defendant and Appellant.

No. 65.

Supreme Court of Michigan.

March 9, 1955.

Thomas M. Kavanagh, Atty. Gen., Frank G. Millard, former Atty. Gen., Edmund E. Shepherd, Sol. Gen., Lansing, Mich., Gerald K. O'Brien, Pros. Atty., Samuel Brezner Chief Appellate Lawyer, Samuel J. Torina and Angelo A. Pentolino, Asst. Pros. Attys., Detroit, for the People.

Davidow & Davidow, Detroit, David C. Pence, Pontiac, for defendant and appellant.

Before the Entire Bench, except SHARPE, J.

KELLY, Justice.

In the spring of 1951 a jury in the recorder's court for the city of Detroit found defendant William F. Welke guilty of extortion. He was sentenced to not less than 5 nor more than 20 years in the state prison of southern Nichigan.

The complaining witness, Mrs. Katherine Vasu, testified that the following events occurred in the city of Detroit on May 31, 1949:

That on that day she received a telephone call at approximately 9:15 a. m. The call allegedly came from a Mr. Weber from the University of Michigan, inquiring as to the whereabouts of her son Cordell Vasu and stating that he had not slept in his room the previous night. Twenty minutes later another telephone call was received by Mrs. Vasu. The second caller had a different voice from that of the first caller. The second caller demanded of Mrs. Vasu $3,500 in $20 and $100 bills, stating that her son would be unharmed if the money was forthcoming. He inquired as to where she did her banking and she informed him that her bank was located in the General Motors building. She was told by the voice that a taxicab would pick her up; that she was to come to the bank, withdraw the money and wait outside on Grand Boulevard. The cab arrived and took her to the bank. Mrs. Vasu had $3,500 at home in the denominations specified, but went to the bank and pretended to go in and withdraw the money. She then came outside and waited. A man appeared on her right and said, 'Give me that money.' She was able to see the left side of his face, which was bandaged. She described him as being about 30 to 35 years of age, 5'6"' or 5'7"' tall, weighing about 140 pounds, blond complexion, a high-pitched voice, blond hair, wearing a hat and a blue pin-striped suit, and with a large bandage on his face. She was told to wait there for 5 minutes before doing anything. The man then left and she waited about a minute before she approached an officer, who called a cab. She did not reveal to the officer what had transpired. She went to the Highland Park General Hospital where her husband was on the staff and reported what had happened, and then collapsed. A call was put in to the FBI and at their suggestion another call was made to Ann Arbor. It was then discovered that Cordell Vasu had been in school all morning and that nothing had happened to him.

On May 31, 1949, the defendant was a student at the University of Michigan, 23 years of age. He had enrolled as a freshman in the fall of 1946 after completing 2 years' service with the armed forces of the United States. The record discloses that on May 31, 1949, the defendant was 5'9"' in height and weighed between 160 and 170 pounds and that his hair was brown.

Complainant's son, Cordell Vasu, had enrolled as a freshman at the University of Michigan in the fall of 1948 and was a resident of the same hall that defendant occupied.

Shortly after May 31, 1949, a general investigation by the Detroit police department was made of students at the University, particularly those who were residents in the hall in which defendant and Cordell Vasu resided. Cordell Vasu testified that he and his mother decided in the summer of 1949 that he should visit defendant's home and from observation try and determine whether defendant was the guilty person.

In the fall of 1949 the complainant visited her son at the University and was introduced by her son to the defendant. She testified that she did not form a conclusion at that time that he was the one who had obtained her $3,500, but that she informed the police that he resembled the extortionist.

On September 26, 1950, approximately 16 months after the day of extortion, defendant appeared at the Detroit police department for questioning at their request. Throughout a day's interview he maintained his innocence and was allowed to go home that evening but was instructed to report in the morning. The following morning he was immediately brought to a Sergeant Mareydt, who was then in charge of lie detector tests. Sergeant Mareydt testified:

'I did see the defendant here, William Welke. That was on the 27th day of September, 1950, in the scientific laboratory. Lt. Maxon brought him up there for a polographic examine. Without going into the results of the polograph or lie detector, I did have a conversation with him after that. * * *

'There was a conversation between me and this defendant with reference to his guilt or innocence of the crime charged.

'Q. What was that conversation? A. On my part or the defendant's part?

'Q. Both of your parts; what did you say and what did he say? A. I told the defendant that he wasn't stating the truth, and our conversation continued until finally the defendant admitted to me that he had accomplished the extortion.'

Welke testified that he had applied for service and training in the jet branch of the army air force and that he had received notice to report for active service shortly before he was called to the Detroit police department in September, 1950; that he made these facts known to the police officers who interviewed him the first day and again to Sergeant Mareydt who gave the lie detector test the next day. He further testified that Mareydt was a colonel in...