State v. Covington

• Court: North Carolina Supreme Court
• Writing for the Court: AVERY, J.
• Citation: State v. Covington, 117 N.C. 834, 23 S.E. 337 (N.C. 1895)
• Decision Date: 10 December 1895
• Parties: STATE v. COVINGTON.

23 S.E. 337

117 N.C. 834

STATE v. COVINGTON.

Supreme Court of North Carolina

December 10, 1895

Appeal from superior court, Catawba county; Timberlake, Judge.

Thomas Covington was convicted of murder, and appeals. Affirmed.

Where in a murder case, the only evidence of the circumstances of the killing is contained in defendant's alleged confession that he entered deceased's building to commit larceny, deceased got between him and the door, and "I watched my chance, and jumped on the old man, and wrenched his pistol, and the old man hollered, 'Murder.' Then I shot him through the body. The old man said: 'You have got me.' I aimed to shoot him, and this must have been when I shot him in the neck. And I shot him again,"--it is proper to instruct either to acquit or find defendant guilty of murder in the first degree, the second and third shots being the fatal ones, and the confession showing that they were fired with deliberation and premeditation.

It appears from the evidence that the deceased was part owner, as a stockholder and general superintendent of Long Island Cotton Mills, and that he lived with his family about 250 yards from the mill, and that the prisoner was an employé at the mill, being superintendent of the spinning room. It further appears that the deceased had a stock of merchandise in a storehouse about 100 feet from mill, and that for more than a year some one had been occasionally entering said store by means of false keys, and stealing some quantity of goods, and that, on night of homicide, deceased went to the store to sleep that he might catch the thief.

Evidence:

Miss Essie Brown: "I am daughter of James Brown, deceased. Father is dead. Lived at time of his death one mile from Monbo P. O., in this county. Saw him last alive Wednesday night, September 26, 1894, about 8 o'clock p. m. He was in dining room at home. House from store is distant 100 feet. I next saw him Thursday morning, in store, a few minutes after 6 o'clock. It was my duty to be at the store at 6 to attend to the duties of store. Was often in store with father. Factory is near the store. Hands change at 6 a. m. Notice given by bell. I was at that time in the house getting ready to go to the store. When I got to the store and up the steps, put key into the door to unlock it. It came open, and I found papa lying on the floor as if asleep. Saw a little blood on his hat. His body was 1 1/2 feet from the door. I opened right door, and in opening it came near his head. Door was unlocked. Body was lying straight out, head towards the door. Whole face was on floor. Left side somewhat turned down. Blood was somewhere on the cheek. Noticed no other injury on face. I did not stay there very long. I tried to hollow, but couldn't. After Mr. Pope started to store, I left. I said nothing to any one. When I reached factory, I saw Elam Josey, who was on lower floor. Machine which sits near door is called 'speeder.' Store could be seen from speeder. He was all I saw there. Afterward saw George, who came to me. Next, Mr. Covington, prisoner's father, came. We went up to the house. Prisoner was upstairs, I think. Didn't see him. Prisoner had been working there several years. His part was upstairs. I did not see prisoner till that p. m. Osborne was not at home. He came about 9 a. m. Was next in store when I went down with Osborne, between 9 and 10 a. m. There was a roll of tin that I kept door open with. It was roofing tin. Roll was about 2 feet high, 1 foot thick. When on end it was steady. I noticed it Wednesday, for I kept door open with it. Box was standing up back of counter, about 7 feet from my father's body. Didn't notice anything wrong with tin till I went down with Osborne, when it was on other side of counter. Counters are eight feet apart. Body was near one side. Tin had blood on it, and was on opposite side from where I noticed it the night before. It had much blood on it. Body was perfectly straight. Box was turned upside down. Didn't notice any stains on it. Tin cup was on counter, and had mud in it. Tin was on the left of father. Tin cup had clean water in it the day before. Marks of blood near matches. They were kept in small dishpan. This was overturned next morning. Three or four little stains of blood about matches. Were similar to finger prints. They were not there the evening before. Tin lamp was near father's head, and was out. Saw lamp night before. It had oil in it then. Left it on counter, on left side, on front part of counter, about opposite the matches. Didn't notice whether oil was exhausted. Father had three scratches over one eye. Had a black place on forehead, near center. Sunken place about as large as a nickel. He slept on right-hand side of counter, going in back of it. He had been sleeping there since Sunday night previous, by reason of finding evidence of some one going in store. He had no bed, but some quilts. Had to cross over counter to get to sleeping place. Door was just pushed to. There was little blood about door latch, about one or two inches. Something like print of thumb. His hat was back of counter. So was key and handkerchief. Knife was in his hat, also. Store key was in his hat." A key is shown her which she says "is the key that was in papa's hat. Body remained at store till 5 p. m. It was taken to the house. Dr. Wilson was there. Discovered a shot in his breast by blood stains on his clothes. I went to the store when body had been turned. He had been shot in neck, and on left side of his head, back of ears. Didn't see Covington till that p. m., and then in yard at home. Factory was stopped at once after I went down. Defendant was out in yard talking to some men. Saw nothing else of him that day. Many persons there. He was buried Friday, before dinner. Body was taken about one mile. Didn't see defendant at burial." Cross-examination: "Store near house. Elam Josey lives nearest the store. Just back of it. Closer than our house. Not further than front door of courthouse. Father had a wife, myself, two brothers, and two sisters. Had not slept in that part of store before Sunday night. The pistol was father's. It was 6:10 when I went to the store. Think defendant's father helped to bring the body to the house." Redirect: "Pa was lively, laughing and talking at tea table."

W. W. Bridges: "I live near Long Island Cotton Mills. Knew James Brown for 6 years, who lived near these mills. Saw him on Wednesday, before his death, about 12 o'clock. Had business with him. Sold him cotton. He seemed to be cheerful, lively, and in good health. Saw him next morning about 7 o'clock, lying in the store. Found him lying in store near the door. Several hands were there. Mr. Ben Covington and George Brown were there. Body found lying on face, and blood around him. Shot on left side of his head, 1 1/2 or 2 inches from his ear. We turned him over, and placed him as dead persons usually are. Discovered wound in his breast, and in his neck on left side, which was black, like powder burn. Noticed a little blood on counter, and on shelves about matches, which had been turned over, and some spilt on floor. Other things were thrown out of place. A little stain on counter. A blood stain on door, near the latch. We locked the door after turning over the body. Don't recollect that I noticed defendant, or that I saw him. He lives on other side of house from cotton mill, 400 or 500 yards. His house could be seen from store. Never saw body again until the coroner came. Next time I saw it was when I helped to carry it to his dwelling house. Don't recollect of seeing defendant there then. Was at burial. Don't recollect seeing prisoner there. Saw Covington next day after death. I was at house of prisoner." The state proposes to ask witness if he made a search of prisoner's house, and what he found. Objection by defendant. Objection overruled. Exception. "I found, upstairs, three or four yards of cloth used in factory. His wife and little child lived with him. Prisoner then in jail. Made search as soon as I returned from carrying him to jail. It was about a month after killing. Found nothing else in that house." Cross-examination: "Went there about 7 a. m. About 10 or 20 persons there; 50 or 60 work in factory. Don't know who was at his feet. Can't remember seeing prisoner there. Three or four helped, his father among them. Was present when body was dressed. Cannot tell who held the lamp."

George W. Brown: "I am son of deceased. Was about store some not very much. I stayed in the mill. Door opens in front of factory. Store is northwest of factory, about 100 feet. Prisoner lives about 400 or 500 yards, across branch, from store. I saw prisoner a good little bit after sister came. Don't know whether prisoner was at factory. Josey was there. Tom's work was going on. Tom came from factory first time I saw him that morning. I had been there about 10 minutes. Tom came to the store. Nobody was there when I got there. I opened door. Door would just open. Was lying on his breast. Matches turned over. Blood just above them. Print of hands. Tin cup was red. Noticed box turned over, and roll of tin out of place, and some blood on it. Stains on paper on counter. Blood marks on door above lock. Lamp was sitting near his head. Had plenty of oil in it. Hat was back of counter. Goods had been taken out of store for some time. We marked checks so as to try to catch the thief. Could not tell what articles had been missing. I saw ink on counter where it had been turned over. Don't know where prisoner went that day. Saw him in front of store, and think he was up at my house. He was at burial, but I did not see him. I saw Elam Josey and sister talking, and Elam came to me. Elam Josey went on up to the store. She told no one else. I told them to shut down. No one knew it...