State v. Bowman

CourtUnited States State Supreme Court of Missouri
Citation243 S.W. 110,294 Mo. 245
Docket NumberNo. 23388.,23388.
PartiesSTATE v. BOWMAN.
Decision Date08 June 1922

Appeal from Circuit Court, Jackson County; Ralph S. Latshaw, Judge.

Phil Lewis Bowman, Jr., was convicted of murder in the first degree, and he appeals. Reversed and remanded.

On June 4, 1921, the prosecuting attorney of Jackson county, Mo., filed, in the criminal court of said county, an information, charging therein that said defendant, in the county aforesaid, on February 14, 1921, was guilty of first degree murder, in killing one Estella Bowen with a knife and by burning the body. The case was tried before a jury, and on November 10, 1921, the following verdict was returned:

"We, the jury, find the defendant guilty of murder in the second degree as charged in the information, and assess his punishment at 25 years in the State Penitentiary.

                             "Harold W. Turner, Foreman."
                

State's Evidence.

Anna Bowen, on behalf of the state, testified, in substance, that she was a single woman, 40 years of age, and lived at 530 Highland; that Estella Bowen was her sister, and she last saw her at about 7:30 a. m. on February 14, 1921; that Estella Bowen had been at the home of witness about one week prior to above date, and had no other place to stay; that defendant and Estella had two rented rooms adjoining the home of witness; that they lived together there about one month; that on February 14, Estella told witness she was going to look for a job; that she wore a black beaver hat, a wine-colored coat with a fur collar on it; that she had on a white middy, a blue serge skirt, and tan shoes; that the buttons on said coat were large, black, and with a wine-colored eye in them; that she never saw any of those buttons after February 14, until she saw one in Chief Walston's office, after defendant was arrested; that Estella had a pair of black silk gloves, and they could not be found around the house after she disappeared; that her sister owned a homemade, black velvet handbag, gathered by a string; that she saw this hag at the same time she saw the button; that the above pocketbook or bag looked like the one her sister owned; that defendant was at her house the night before February 14; that he came to her door and asked for Estella, and the latter told him to wait until witness put a light out there, and she would come and see what he wanted; that defendant told Estella to come out there, as he wanted to talk to her; that he pulled her with his left hand, had his right hand in his coat pocket, and kept telling her to come out, as he wanted to talk to her; that she resisted him, and told him to leave her alone; that he was there about five minutes and left, without saying a word; that he never took his right hand out of his coat pocket while there; that on Friday night before February 14 defendant was out in the street, and whistled for Estella the second time before she heard him; that she then went to the hall, and they went into their room; that they remained in the room about one hour talking, defendant left, and Estella came to the room of witness; that she (Estella) was not defendant's wife; that on Tuesday morning, preceding the above :Friday, she heard defendant say to Estella, "I don't want you;" that up to this time they had lived together about one month. Over the objection of defendant, witness was permitted to testify that defendant and Estella were fighting, came to her house, and continued the fight, against the protest of witness; that defendant hurt her sister, left a big scar on her arm, hurt her foot, and said to her, "I am going to kill you yet;" that her sister said, "He is talking about my dead mother;" that defendant somehow always accused Estella of keeping company with other people; that her sister Estella was 25 years old on February 14, 1921; that defendant came to the house of witness about 10 days before he was arrested; that he then asked her if Estella was there; this was between 10 and 11 o'clock at night.

On cross-examination, witness testified that Estella had on tan stockings and tan shoes on February 14, 1921; that her sister fastened some of the buttons on her coat the night before she left; that the button she (witness) saw at the police office was off of Estella's coat. Witness denies testifying that defendant remained with Estella about five minutes as heretofore stated. She testified that defendant did not hit Estella on Sunday night, but just pulled at her; that on Tuesday night defendant and her sister were quarreling, and he said he was going to kill her; that defendant slept there every night and made that his home; that about 10 days after Estella disappeared, defendant asked witness if she was at her home.

On re-examination, witness said defendant was arrested on May 4th. She identified a pair of black silk gloves as the property of her sister, and also identified said button and the velvet bag. She also identified a purple silk shirt as the property of defendant. She said Estella was at home at 6:30 p. m. the day before she disappeared.

Hilda Bowen lived at 412 Campbell on February 14, 1921. She testified in substance, that she knew Estella Bowen and defendant; that in January defendant had a pistol at her house in his trousers; that he then told Estella to wait; that he had pulled off jobs and could bump her off the same way; that defendant had a knife in his hand in 1920, while in Kansas, and threatened her; that in the fall of 1929 defendant told Estella he was going away, and that he did not want her. Witness identified the gloves, button, bag, etc., heretofore described as the property of Estella. She also identified the purple silk shirt as the property of defendant. On cross-examination, witness said Estella was sitting on defendant's lap when he had the pistol, and said he could bump her off.

Delcenia Brown, a witness for respondent, testified, in substance, that in the summer of 1020, she saw defendant and Estella at the home of Mrs. Austin; that Estella hid behind the dining room door, when informed that defendant was coming; that defendant asked if she was there, and was informed that she was; that appellant had a gun in his hand, and Estella ran through the house, screamed, and put witness in front of her; that appellant told her to come on and go home with him, and she refused to do so; that Clara Butler threatened to call the officers, but appellant told her to come back, that he expected to find Estella in bed with another man, and he was going to kill them both.

Maynard Edwards, a witness for the state, lived in Kansas City, Ran. He testified, in substance, that he had known defendant about 3 years; that defendant stayed at his house about 2 years before the trial; that he talked with defendant at the dance hall. Over the objection of defendant, witness testified as follows:

"A. At that time me and my wife was having trouble, and Phil told me: ought to do mine like he did his. Then he told me that Stella called him one day, and he just played like he was friendly with her, and she come out. He was upstairs in the dance hall, and he played like he had to fire the furnace, and she went downstairs with him, and when he got her down in the basement—there are three basements there—and he took her over in the third one and grabbed her and choked her until she was pretty near unconscious, and then took his knife and cut her throat.

"Q. Then what? A. Then he buried her body in the coal pile until that night he come back and cut her body up and put it in the furnace.

"Q. Did he tell you anything further in regard to putting her in under the coal? A. He said he buried her in the coal pile, then went back and cut her body up and burned it.

"Q. Did he describe in detail how he put the coal on her? A. Yes; when he was putting the coal on, she kicked the coal off pretty near as fast as he put it on, but finally she died, and he covered her up.

"Q. Then what? A. He come on away, then he went back that night and cut her body up and burned it."

Witness further testified that defendant said Kennedy told him he was going down town; that if Kennedy had seen him he would have killed Kennedy also; that defendant told witness he would kill witness' wife for him, if he did not have nerve enough to do so; that the above occurred about the last of March. On cross-examination, witness said the above talk was upstairs; that he (witness) had been in jail for larceny, and was then a trusty; that he served 13 months in the reform school for grand larceny; that defendant told him he burned Estella's body about 2 o'clock at night; that he cut her legs and arms off; that he never asked Kennedy for a job; that defendant told him he choked his wife, and cut her throat with a knife; that he killed her before he put her in the coal pile; that he (witness) was 23 years of age at the time of trial.

Ethel Walters testified in behalf of the state substantially as follows: That she knew defendant and Estella Bowen; that defendant came to see her in April, 1021, and while there, wrote on a paper sack, "Stella is dead;" that he then tore up the sack; that after the other parties left she asked defendant if he killed her, or did Estella kill herself; that defendant said he did not do it; that he then dropped his head and said, "Yes; I did it," that he then told her, in substance, he did so, because he could not get rid of her any other way; that defendant told her that Estella died about February 14, 1921. On cross-examination witness said, when she first got acquainted with defendant she went down to his room once or twice; that defendant did not tell her where he had killed Estella.

C. T. Everhart, in behalf of the state, testified, in substance, that he was connected with the detective department of the Metropolitan police force; that he was 28 years old; that he knew Maynard Edwards. Witness described the buildings where defendant worked substantially as...

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