Shotwell v. Commonwealth

• Decision Date: 21 May 1902
• Citation: 68 S.W. 403
• Parties: SHOTWELL v. COMMONWEALTH. [1]
• Court: Kentucky Court of Appeals

68 S.W. 403

SHOTWELL v. COMMONWEALTH. ^[1]

Court of Appeals of Kentucky.

May 21, 1902

Appeal from circuit court, Whitley county.

"Not to be officially reported."

Paris Shotwell was convicted of murder, and he appeals. Affirmed.

James Sparks, for appellant.

J.W Sharp, C.J. Pratt, and McKenzie Todd, for the Commonwealth.

HOBSON J.

Appellant Paris Shotwell, was indicted and convicted of the murder of Hiram Baker, and sentenced to the penitentiary for life. The facts shown by the evidence are as follows: The deceased Baker, in company with Joel Mitchell and Quincy Moore, was in Corbin, Ky. and started to go to his home, in Knox county about dusk. As they went along the street they were making some noise, and one of them shot his pistol into the ground. When they got opposite the house at which Mrs. Hartford lived, some words passed, and a shot was fired from the street, which struck a pillar of the porch. Thomas Hartford was standing on the porch, and ran out to the gate. There he was joined by George Hartford, who came out of the adjoining lot, and they began shooting down the street at the three men who had passed. Mitchell, who, it seems, had fired the shot, shot back at them, and then ran, and was pursued by Thomas Hartford, who ran after him until he crossed the bridge and got into Knox county. George Hartford overtook the deceased, Baker, who did not run away with Mitchell, and brought him back up the street. Here the defendant, Paris Shotwell, came up to them. Hartford said to him, "He has got a gun on him." Baker put his hand on the fence and said, "Boys, you don't want to take me to the calaboose, for I haven't done anything." Hartford answered, "I will let you know that I am an officer, and you have got to go where I say." Baker replied, "I am not going, for I haven't done anything at all." Hartford then, according to the testimony for the commonwealth, said to Shotwell, "Shoot him! Shoot him! Shoot his damned heart out!" and Shotwell shot him in rapid succession three times. Baker fell back against the fence and said, "I am shot all to pieces, for nothing that I have done to be killed for." The testimony for the defense is that Baker drew his pistol, and was aiming to kill Shotwell, when Shotwell drew his pistol and fired the fatal shots. But several wholly disinterested witnesses who saw the occurrence testified to the facts as above stated for the commonwealth, and their testimony is confirmed by a number of circumstances. Hartford denied professing to be an officer, but this, too, is pretty clearly...