State v. Clark
| Decision Date | 14 March 1955 |
| Docket Number | No. 2,No. 44308,44308,2 |
| Citation | 277 S.W.2d 593 |
| Parties | STATE of Missouri, Respondent, v. Arthur T. CLARK, Appellant. . Division |
| Court | Missouri Supreme Court |
A. H. Blunk, Forsyth, Rogers & Rogers, G. W. Rogers, Clyde Rogers, Gainesville, Lincoln, Lincoln, Haseltine, Forehand & Springer, Harold T. Lincoln, Horace S. Haseltine, Springfield, for appellant.
John M. Dalton, Atty. Gen., W. Don Kennedy, Asst. Atty. Gen., for respondent.
BOHLING, Commissioner.
Arthur T. Clark appeals from a judgment imposing a sentence of life imprisonment for the first degree murder of Charles W. Cobb. The first trial resulted in a mistrial, a juror becoming sick. The second trial resulted in a life sentence, but the cause was remanded, 259 S.W.2d 813. The instant trial was in December, 1953. Appellant claims error in submitting the State's case, in giving and refusing instructions, in admitting and excluding testimony, and that a juror was ineligible.
The State relies on circumstantial evidence. The facts are varied and detailed in this extensive record. We shall endeavor to hold the statement within reasonable bounds.
To establish an accused's guilt under circumstantial evidence, the facts and circumstances relied upon by the State must be consistent with each other and with the hypothesis of the accused's guilt, and inconsistent with his innocence and every other reasonable hypothesis except that of guilt. State v. Jones, 363 Mo. 998, 255 S.W.2d 801, 804, and cases cited.
The substantial testimony and every reasonable inference therefrom favorable to the verdict of the jury is taken as true and where the evidence thus supports the verdict of the jury, it is sufficient. Appellate courts do not weigh the evidence. State v. Jones, supra; State v. Harris, 324 Mo. 223, 22 S.W.2d 802, 806; State v. Shriver, Mo., 275 S.W.2d 304.
The theory of the State was that Ruby Cobb and Carl Wood had an 'affair' and she was dissatisfied with her husband, and that appellant and his wife bore ill will toward Cobb because of his testimony that John May was incompetent at said May's sanity hearing. Ruby Cobb, Orma Clark, appellant and Clarence Wood were charged with the murder. The charge against Wood was later dismissed for want of evidence.
Charles W. Cobb (referred to by the witnesses as Charlie Cobb), a 'frail' man of 65, was killed Tuesday, February 20, 1951, in the John M. B. May barn in Taney county, Missouri. His skull had been 'practically pulverized' on the left side and there were nine stab-like wounds over the forehead, eye and nose, very probably inflicted with a heavy club that had nails in it. His billfold with $55 in it had not been disturbed. When found, a bucket with some feed in it was over his right arm. The weather had been stormy. Water was over the highway at places. School had been susponded and the telephone service was impaired.
Appellant with his wife, Orma, and their four children, of the ages indicated, Argel, 16 (who was away from home), Freda, 13, Louis, 9, and Arthur, 7, lived on the Forsyth-Cedar Creek road about 1.9 miles from the May barn and about 2 1/2 miles north of Cedar Creek. Appellant's tool shop was west of his house, across the road, and a short distance south was the Bald Knob school. One traveling from appellant's to the May barn would proceed northwestwardly over the Forsyth-Cedar Creek road about .9 mile to the Dawson Merideth store and thence westwardly a mile over a 'private' road.
Charlie Cobb, with his wife, Ruby, their four little boys, the oldest being about 8 or 10, lived 312 to 314 paces west of the May barn. The entrance of the barn was plainly visible from the Cobb house.
A short distance west of the Forsyth-Cedar Creek road, a road extended southwardly from the 'private' road. Ed Persinger lived a short distance south on this road; and south of Persinger's residence is what is known in the record as Snap Creek hollow.
In the latter part of 1950 Clarence Wood and May batched on the May farm, and Carl Wood, Clarence's brother, roomed at the Cobbs'. Appellant had a contract for work on the Bald Knob schoolhouse. Clarence Wood was helping appellant, and in November, 1950, he and May moved to appellant's home.
One day, after a visit to his daughter's, May returned to the Clark home out of humor and wanted Clarence Wood to get his son to buy the May farm. Wood said 'no.' After that Orma Clark and May 'talked up' a deal. Orma and Clarence went to Forsyth and saw Eric Wolf, a notary and abstractor, about checking the description and writing the deed. On December 5, 1950, appellant took his wife, John May and Clarence Wood to Forsyth in his panel truck. In the meantime Carl Wood had moved to a room in Mr. and Mrs. Walter Zugg's hotel at Forsyth. Clarence sought to use Carl's room for the May-Clark transaction. Mrs. Zugg would not permit this, but allowed them to use the hotel lobby. The parties assembled in the lobby in the afternoon. Clarence brought Eric Wolf and General Rogers, who was attending court in Forsyth, to the lobby. Appellant and his wife brought May. Mr. Rogers examined the deed and, after calling attention to a $2,000 deed of trust against the land, made the deed subject thereto. John M. B. May thereupon executed and acknowledged a warranty deed conveying the land to Orma Clark. Clarence paid the notary from money given him by Orma. Appellant paid attorney Rogers.
The execution and delivery of the deed was followed by proceedings to declare May, who was about 75 years of age, incompetent. Appellant, his wife, and Clarence Wood went to Cobb's home several times and apparently had an understanding with Cobb that May was competent to transact business. Appellant took his wife and daughter, Freda, Mr. and Mrs. Cobb, Bill Cobb and Clarence Wood to Forsyth for the May sanity hearing on December 26, 1950. J. R. Gideon was appointed to represent the alleged incompetent. Appellant and his wife informed him that the Cobbs would testify May was competent. Charlie Cobb testified that May was like a child and not competent to transact business. Mr. May was adjudged incompetent. Appellant and his wife came up to Mr. Gideon after the hearing and he informed them the Cobbs (we understand, Charlie and Bill) had not testified as they had stated. Appellant answered: 'Well, they sure didn't.' Freda Clark testified that while her mother and Ruby Cobb were in the restroom, her mother told Ruby it was pretty dirty for Charlie to testify against them when they had taken him there to testify for them, and that her mother repeated the statement later in the truck. John May, who has since died, did not return to the Clark residence after the hearing. (The deed was set aside in an action subsequent to the death of Cobb.)
In January, 1951, appellant and wife discussed at their home the killing of Cobb in the presence of their daughter Freda, and Clarence Wood, (then about 68). Wood and Freda testified the killing was referred to as 'getting the job done' or 'doing away with him.' During this time appellant and wife made trips to the Cobb home and Ruby Cobb made trips to the Clark home.
Clarence Wood testified that appellant stated Charlie Cobb 'ought to be tooken with a club and knocked in the head and throwed over the bluff'; that Ruby Cobb ought to leave her husband 'or get shut of him some way'; and that 'he'd give $25 for the scalp of a Cobb.' Wood told appellant the buzzards would give him away before he got out of sight. On another occasion appellant, his wife and daughter were around the stove when Wood walked up and Orma handed him a letter, which was said to be from Ruby Cobb. Wood testified the letter stated: "If you don't get that job done in three days, I'll do it myself,' and he [Cobb] milked at the barn between 4 and 5 o'clock, and, I'd give a mortgage on two cows for $600." Appellant said 'that the barn would be a good place to get it done.' At that time Wood's understanding was that neither appellant nor he would have anything to do with it. Wood told them he would have nothing to do with it; that $600 would not pay the lawyer. Appellant said 'he'd do it by himself and no one'd know nothin' about it.' Other plans discussed for killing Cobb included pumping air into his veins and having a man from Kansas City do the job.
Vernon David, Ruby Cobb's 17 year old brother, lived with the Cobbs after sometime in December, 1950. A few days before the homicide Ruby had him take a note in an unsealed envelope to Orma Clark, telling him not to let anybody else see it. He did not read it. Orma Clark read it and said tell Ruby "the job will be done"; Ruby "will know what I mean."
Other written communications were mentioned by Wood. Freda Clark testified she read a note to her mother from Ruby Cobb stating Ruby would give her mother her two best cows if she could not produce the money within three days after 'the job was done.'
At the time Orville Merideth, a bachelor, was charged with having raped Ruby Cobb. Wood testified that appellant asked him to get a letter addressed to a Merideth from the Merideth store, saying he would leave it at the barn and that would throw the blame on Orville Merideth.
One evening after work a few days before the homicide Orma Clark met Wood at the road and wanted him to 'do that job.' He told her, no; and asked why she wanted him 'to do some crime like that,' and: 'She said she was afraid of her husband.' She also said appellant
Clarence Wood testified he went to the Clark home Monday morning before the homicide and Orma Clark told him Ruby Cobb had been there that morning and wanted to get that job done, to hurry it up. He left for Forsyth soon after lunch.
Clarence Wood testified that on Friday after the homicide he went to appellant's home and told appellant that he had passed a truck hauling the Cobb cows;...
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