People v. Wolf

• Citation: 55 N.W. 357,95 Mich. 625
• Court: Supreme Court of Michigan
• Decision Date: 01 June 1893
• Parties: PEOPLE v. WOLF.

55 N.W. 357

95 Mich. 625

PEOPLE v. WOLF.

Supreme Court of Michigan

June 1, 1893

Error to circuit court, Ontonagon county; John W. Stone, Judge.

August Wolf was convicted of murder in the first degree, and brings error. Affirmed.

Where defendant testifies that the murder was committed by a stranger, who attacked the deceased just after he had finished filing a cross-cut saw, the testimony of a witness for the people that he examined the saw the day after the murder, and from the appearance of the teeth he could tell whether they were newly filed or not, and that two or three had been newly filed, and that the rest were dull, is admissible.

The other facts fully appear in the following statement by GRANT J.:

The respondent was convicted of murder in the first degree. The name of the murdered man was August Smith. Wolf had been employed by one Kleinlein, who had located a homestead in Ontonagon county, to clear some land at an agreed price per acre. April 5th he employed Smith to work with him. Smith worked there until he was killed, April 14th. They boarded at Kleinlein's. On the morning of the 14th they went to work about 7 o'clock, about four rods from the house. Between 9 and 10 o'clock they moved to a point from 12 to 28 rods from the house, where they could not be seen from the house. Mrs. Kleinlein and her children were alone. About 11 o'clock she heard a scream down where Wolf and Smith were at work. A few minutes after she heard another, which lasted several minutes. Before she heard the screaming she saw Wolf carrying his coat and an iron wedge from the place where they were first at work towards the place where Smith was murdered, and afterwards saw him going in the same direction, with a shovel upon his shoulders. Shortly before 12 o'clock Wolf came into the house. He had a cut upon his forehead, and both his hands were cut and bleeding. He said that his hand was pinched between the tree and the saw, and that Smith had left him, and run away, and that a limb from a tree struck him on the forehead. There was blood on his shirt in front, on one sleeve of his shirt, and on the sleeves of his coat. She dressed his wounds, after which he went to a neighbor's, Mr. Brown, and returned in about a quarter of an hour. He then ate his dinner, and returned, apparently, to his work. He repeated the story to her while in the house. He was trembling while eating. About 2 o'clock she went out after the shovel. She saw blood spots, and called his attention to them. She asked where the stump was where he was pinched. He showed it to her. There was blood on the stump, and on the slivers that stood out of the stump, and on the butt end of the tree. She remarked that it was not very much, to which he replied, "The sap on the tree wash it off." She asked him how he could get his fingers pinched there. He replied that he had his fingers loose, and the tree fell over, the slivers caught his fingers and fastened them, and when he began to pull it hurt him so awful that it made him scream. It was impossible for his hand to have been caught in the manner stated, and the entire statement was a pure fabrication. She wondered what made Smith run away. Wolf said he didn't know; all he could remember he looked as white as snow. Wolf then went to the house with her, and when she next saw him he was coming towards the house with Mr. Brown and two men by the name of Manning. He told Brown and the Mannings substantially the same story that he had told Mrs. Kleinlein though differing in some particulars. He went away that evening, saying that if he did not come home that night they need not wait for him; he would be back to-morrow. He did not return, however, and was afterwards arrested in Warsaw, Wis about 300 miles from the scene of the murder. Before his arrest the officer asked him when he was in Michigan, and he replied, "Some time ago." On being asked if he was at Bruce's crossing on the 14th he hesitated, but finally said, "Yes." He said he knew Smith, and had worked at Kleinlein's with him. The next morning he said that Smith was at Warsaw, and, being asked why he did not say so last night, he made no reply. When arrested he had only a dollar bill and a copper coin upon his person. The next day after Wolf left, suspicion being aroused, search was instituted. A few feet from the stump on which blood was found was a pile of brush. The brush was removed, and underneath was found a pool of blood. A few feet from this pile was another, and blood stains were found underneath it. About 10 feet from this second pile was another, on removing which they found blood stains and snow and sand mixed. There Smith's body was found, buried under about a foot and a half of snow and dirt. The face was very much discolored around the eyes. The entire portion of the occipital bone was cut off, exposing the brain, and was held by a piece of the skin at the top of the head. There was a cut in the back between the shoulder blades an inch and a half in length. There were three blows upon the left side of the face, evidently made with an axe transversely across the lip. One of these wounds extended along the neck, and reached the spinal column, but did not sever it. The physician testified that these wounds would have caused instant death. When the wounds were made upon the face the deceased was evidently lying on his back. The blow which cut the occipital bone was evidently made while he was prostrate, and lying upon his side. Mrs. Kleinlein, under objection and exception by respondent's counsel, testified that about a couple of weeks before the murder Wolf said he "must hustle up to get some money; that he was going to get married; that one month's wages would take him to buy his sweetheart some clothes; another month's work would buy him some clothes." On the day of the murder, while eating dinner, Mrs. Kleinlein said to Wolf: "I wonder if Smith has his dinner. Perhaps the poor man ain't got any money, and he...