State v. Clark

• Decision Date: 08 May 1894
• Citation: 26 S.W. 562,121 Mo. 500
• Parties: The State v. Clark, Appellant
• Court: Missouri Supreme Court

26 S.W. 562

121 Mo. 500

The State v. Clark, Appellant

Supreme Court of Missouri, Second Division

May 8, 1894

[Copyrighted Material Omitted] [Copyrighted Material Omitted]

Appeal from Jackson Criminal Court. -- Hon. John W. Wofford, Judge.

With two others, defendant was indicted for the murder of one Jane Wright by choking her to death. This murder was committed for the purpose of robbery. Deceased was an aged woman, owner of an employment agency in Kansas City, Missouri, who had at the time of the murder, accumulated considerable money, which she carried around with her concealed in her clothing and about her person. Her dead body was found on the night of September 9, 1893, about 8 o'clock, in her office in Kansas City. The body, when found, was yet warm, her face beaten in with brutal blows, her hands and feet tied, her clothing torn showing where her savings and her watch had been forcibly taken from her in the uneven struggle for property and life finger marks upon her throat indicated she was strangled to death, and so it was disclosed on the post mortem.

The deed was committed by the defendant, Clark, and his codefendant, Jones. Clark, that same night and within an hour after the murder, gave the watch taken from the dead woman to a friend, who was a bartender, for safekeeping, who, as soon as he heard of the murder, became suspicious and delivered the watch to a police officer, which led to the arrest of both Clark and Jones the following morning. Both parties, after arrest, made full confessions to the chief of police in detail, admitting their guilt, which confessions were taken down in writing; afterward, both persons reiterated the same statements, both at the coroner's inquest and at their preliminary examination before the justice, their confessions being taken down in writing, subscribed and sworn to by them. This is the statement of defendant John Clark at the preliminary examination:

"State of Missouri,

"County of Jackson,

"Kaw township.

ss.

"Testimony of John Clark before Ross W. Latshaw, justice of the peace within and for said township, county and state, at the preliminary examination of Harry Jones, John Clark and John A. Bartchy charged with the murder of Jane Wright, held at Kansas City, Missouri, September 12, 1893; said John Clark having expressed to me, said justice of the peace, a desire to give testimony at this preliminary examination, and being by me first advised that he was charged with murder of said deceased Jane Wright, and that he need not make any statement whatever unless he chose to do so voluntarily and of his own free will, and that any statement he might make could be afterward used against him upon a criminal charge for the murder of Madam Jane Wright, or for being instrumental in her murder, and said John Clark being so advised, and still expressing his wish to testify at said preliminary hearing and to do so under oath, was duly sworn by me, and upon his oath testified as follows:

"'My name is John Clark; I am thirty-six years old; I have lived in Kansas City since September 4, 1893; I came here from Leavenworth, Kansas, and went to Leavenworth from the penitentiary at Lansing, Kansas, where I served five years for burglary in second degree; I arrived here and went to a saloon on Ninth street and asked if there were any crooks came around there, from the porter; he said there did, but there was none there at present; I went out and came back after a little while and was introduced to Jones; this is Harry Jones, the same man who is now under arrest charged with killing Madam Jane Wright; I was introduced to Jones and a man named Bennett; I told him I was hard up, and had been working for about five years but had got no money for it; he said, "there is a woman here running a place; she is doing a good business -- making lots of money, and hoards it on her person; it is easy to get; I want some one to go with me." I told him I would go and would meet him the next day on Ninth street at Norton's saloon. I met Jones on Friday, September 8, 1893, at noon, at the saloon on Ninth street. He went with me and showed me the place where Madame Wright's office was; we talked over the robbery at that time, and I agreed to meet him that night about 5 o'clock opposite the intelligence office on East Ninth street; I was late and did not get off until 6 o'clock, and he says, "I seen the clerk go home, and Mrs. Wright come out a little while after and go home; it's too late to do the job to-night." He told me to meet him at the same place Saturday (September 9, 1893), at 5 o'clock.

"'I went around Saturday night, as agreed by us, and met him there, opposite Madame Wright's office. He said that the clerk was out on an errand, and that she would be back and that I could see her. We waited perhaps fifteen minutes, when she came from around the corner and went upstairs. I then went up to the corner on Ninth and Walnut streets and staid there until 6 o'clock. I then came down to where Jones was waiting, and staid until the clerk of Madame Wright had left for home. When the clerk left he went upstairs and came to the window, and I went over across the street and went upstairs in the building where Madame Wright's office was. I stopped at the head of the stairs and looked down. Then I came over to the office door which was ajar; I looked in; Jones says, "come in and shut the door." I went in and bolted the door. I saw the woman lying on the floor, with Jones partly sitting on her, with his hand on her throat. He says, "she ain't got the stuff in her bosom, you feel down her leg for it." I felt down her leg, and could feel nothing unusual there. I said that she hasn't got anything; let's go. He says, "she has got it about her somewhere." Just then I heard some one coming up the steps. I went over to to the door and listened, and some one tapped at the door and walked away. I went back to where Jones was; he said, "I've got it." He was cutting a cord in two. He says, "we will tie her feet and hands." He tied her feet. I crossed her hands and he tied them, and we then went out. I heard a groan before I went into the room, and after I went in she moved her feet. We came down stairs and went down the street, up through an alley; in the middle of the alley was a vacant house. We went in there to divide the money, but somebody hallooed. We came on up through the alley, walked back again a block or two, and finally got to this vacant lot. We went over into the lot opposite the lot, and there divided the money. Jones took a leather pocketbook out of his pocket and gave me $ 160, and had $ 170 for himself. He says, "take this watch and that will square us." I took the watch, went over the fence and said "good-bye" to Jones. He says, "I am going down to the state line; take care of yourself!"

"'We then parted. I came down to Murray's saloon on Fifth street, and had several drinks in there. I gave Charlie Cheeks $ 20, then I came out and bought a hat. I met Cheeks again in front of a restaurant, on the sidewalk, and asked him to go up town. We went into several saloons, and had a drink in each one, and from there we went to a lodging house and I paid for a room, and we went to the room and straightened up the money. I took the watch out of my pocket and put my money in the pocket I had taken the watch out of. Cheek said, "give me the watch; I will give it to my girl." I gave him the watch. This was the watch that was supposed to have been taken from Madam Wright, and the watch that Jones gave me when we divided the proceeds of the robbery of Madam Wright; we came down stairs and separated. I went down to Stock's saloon on Union avenue, and asked for Stock. The bartender said he was not in, but would be back in a few minutes. I gave the bartender $ 2 to give to Stock. I was about to go away when Stock came; when Stock came in the bartender handed him the $ 2. Stock and I went into a side room, and I counted out $ 100 to Stock and he gave me a receipt for it. He says, "I am going to Oklahoma Monday or Tuesday; come and go down with me. We will make some money down there." I told him I would. He says, "give me the rest of the money, and I will keep it for you." I then gave him $ 20, and I told him I wanted to buy a shirt and some clothes. He says, "come on and I will show you where to get them." I went with him and bought clothes to the amount of nearly $ 5. He paid $ 5, and took the change remaining. I then went back to Stock's saloon, and from there I went to bed.

"'I got up the next morning about half past 6 and went to Stock's saloon and got $ 10 from him. I went down to the west part of town, where elevated railway runs, and staid down there till nearly noon. Then I came back to Stock's place and had a drink; got $ 5 from Stock, when Charlie Cheeks came it. I had a drink with him, and went out on the street, and was arrested by the officers and taken to the police station. I am still under arrest. When Jones told me about the robbery he said he would go up, and when he came to the window for me to come up.

"'I also further state upon my oath that before the commencement of this testimony, and before I was sworn, that I was informed by the justice of the peace, who is conducting the preliminary examination, that I could make such statements as I desired to make, and that I need not make any statement at all in case I do not desire to do so. I was, at the time of giving my testimony, and am now, a prisoner undergoing preliminary examination on a charge of murdering Madam Jane Wright; and I further state that all the foregoing testimony was given by me freely and voluntarily, and is given without fear of punishment or reward therefor, and understanding the facts of my position as a prisoner; and I...