State v. Crump
| Decision Date | 31 December 1924 |
| Docket Number | 25651 |
| Parties | STATE v. CRUMP |
| Court | Missouri Supreme Court |
H. G Stocks and W. W. Botts, both of Mexico, Mo., for appellant.
Jesse W. Barrett, Atty. Gen., and Harry L. Thomas, Sp. Asst. Atty Gen., for the State.
Statement.
On February 25th, 1924, the prosecuting attorney of Audrain county, Mo., filed in the circuit court of said county a verified information, charging therein that said defendant on February 10, 1924, in Audrain county aforesaid, did feloniously, willfully, deliberately, premeditatedly, and of his malice aforethought, shoot with a loaded pistol and kill Chal Blum, etc. Defendant was arraigned, entered a plea of not guilty, and, being unable to employ counsel, Hon. W. W. Botts and Hon. W. G. Stocks, of the Audrain county bar, were appointed by the court to defend him. The trial was commenced before a jury on April 9, 1924, and on the 11th day of said month the jury returned into court the following verdict:
Motions for a new trial and in arrest of judgment were filed, overruled, and, on April 12, 1924, after being granted allocution, the court pronounced sentence and entered judgment against appellant in conformity to the verdict of the jury. Thereafter an appeal was granted defendant to this court.
State's Evidence.
The undisputed evidence shows that appellant, James Crump, was a resident of Mexico, Audrain county, Mo., and had been for some time. The deceased, Chal Blum, was the sheriff of said county, and also lived in said city of Mexico. About 11 p. m. on February 10, 1924, the Chicago & Alton train, locally known as Chicago & Alton No. 10, passed through the city of Mexico. The arrival of this particular train is frequently referred to in the evidence as a means of fixing the time of various events in question. Shortly after this train passed deceased and appellant met on what is known as the Western avenue crossing, being the place in said city where the tracks of the Wabash Railway Company and the Chicago & Alton Railway Company are intersected by Western avenue. This point of intersection is about 1,300 west from the Jefferson avenue crossing, which is one of the main crossings of the town. There is no controversy over the fact that appellant shot and killed the deceased, Chal Blum, on February 10, 1924, in Audrain county, Mo. After the shooting, appellant fled, and was arrested in Mexico, Mo., later during the same night of the shooting. He was taken to the city of St. Louis, Mo., and examined the following morning at the city jail, where it was found that a bullet had passed through his right leg above the knee. He made certain written statements which were produced in evidence. The shooting was admitted, and a plea of self-defense set up in justification.
As counsel for the defense have challenged the sufficiency of the evidence to sustain the death penalty inflicted by the jury in this case, we have deemed it advisable to fully set out the main facts in the case.
The commission of Chal L. Blum as sheriff was offered in evidence and likewise a plat describing the locations mentioned by the witnesses.
Dr. R. C. Strode testified in substance that he was coroner of Audrain county and knew Chal Blum, the sheriff, who is now dead. He saw Blum about 11 o'clock p. m. on the night of February 10, 1924, and examined his body. His death was caused by a bullet, which pierced the left half of the heart, and killed him within 36 seconds after he was shot. He was killed with a pistol bullet.
McKinley Baker testified that on February 10, 1924, at the Harrison restaurant, he saw defendant between 3 and 4 o'clock in the afternoon; that appellant walked up to him and hit him in the side; that he told defendant to be careful, as he had just been operated on; that defendant replied, 'If I didn't like that I could take that, and that was all there was to it.' At this time he drew the barrel of a pistol out of his pocket and exhibited it to witness. He did not seem to be angry, nor did he appear to be under the influence of liquor.
T. L. Marshall, agent for the Chicago & Alton Railroad Company, testified, that Chicago & Alton train No. 10, running from Kansas City to Chicago, arrived in Mexico at 10:43 p. m. on the night of February 10, 1924, and departed at 10:47 p. m.
Lola H. Powell, deputy treasurer of Audrain county, testified that she lived on West Liberty street, one block south and four blocks west of the Western avenue crossing; that deceased called upon her at her home on the evening of February 10, 1924. He had been calling regularly at her home. He left about 15 minutes to 11 p. m. Deceased, as was his custom, took his pistol out of his pocket when he entered the living room and placed it on the mantel over the grate. As he prepared to depart he placed the pistol in his right hip pocket. He had on a heavy winter overcoat and a suit coat. He lived at the county jail north of the tracks and several blocks east of Western avenue, and in going from the home of the witness to the jail he usually crossed at Western avenue, going north.
Juanita Jacobs testified as a witness for the state substantially as follows: She was 31 years of age at the time of trial, and was then an inmate of the county jail, serving a sentence for vagrancy. Her house was northwest of the intersection of the two railroads, and west of Western avenue. Kittie Crump, the mother of defendant, lived near the Wabash freight house, east of Western avenue. Juanita Jacobs and defendant left the home of Kittie Crump together as the Chicago & Alton train No. 10 came in. They walked on west past the Wabash platform and on the south side of Wabash track. They then went north to the Chicago & Alton track, and walked west along the same. They passed the switch light, between the two railroad tracks, on the north side, and continued west down the Chicago & Alton track. She heard a shot from behind her, after she passed the switch light, and while she was within 12 to 15 feet of it. Jim Crump was behind her, and she heard one or two shots, which sounded like glass was broken. She could not say whether the switch light went out. She said that at the time the shot was fired she saw deceased, Chal Blum, standing on Western avenue crossing, near the end of the box cars on said crossing. She could see Blum plainly, and went on towards him. When she came up to the crossing, and facing Blum, the latter asked her if she had been stealing coal, and she answered in the negative. She was standing with her back to the car, and Blum was facing her. Jim Crump had been walking along with her until the switch light was shot out, when she left him and came to the crossing where Blum was standing. Jim Crump came up and told her to go home. She testified that Blum said: 'Hey, young fellow,' or 'young man,' and she went towards home. After she had gone 10 or 12 feet she heard some shooting, but did not see it. She ran into the house, and stayed there until the shooting was over. She heard some one calling for help, went out there, and found Blum lying on the north side of the track. She called him, but he did not answer, and she ran down east to the Wabash station. Messrs. Hamilton and Acuff, railroad men, were there at the crossing when Blum asked her if she was stealing coal. She never saw defendant any more that night after the shooting, and could not say who fired the shots. She never saw defendant with a pistol that night.
On cross-examination she testified that when the switch light was shot out defendant was behind her and 20 to 25 feet away. She had passed the switch light about 12 feet when she heard the shot fired close to her. She did not look back when the shot was fired, but saw deceased on the crossing, where there was a street light at the time. When deceased said: 'Hey, young man,' he stepped around in front of witness in the direction of defendant. She had gotten 10 or 12 feet away from deceased when she heard the shot. She could not say how many shots were fired. She said defendant had been drinking, and she smelled the liquor on his breath.
E. M Acuff testified for the state substantially as follows: He was yard switchman for the Chicago & Alton Railroad Company. He was night yard foreman when Blum was killed, and was engaged, with M. A. Hamilton, the switchman, in doing railroad work at that time. He knew deceased, and saw the latter coming from the south along Western avenue just before the killing. It was then about 11 o'clock p. m. He and Hamilton were standing there together when deceased came up and spoke to them. While he (witness) was 5 or 6 steps from the main line switch, he heard a pistol shot, a little east of him, and in talking distance. When the shot was fired at the switch light Juanita Jacobs said: 'Quit that, what on earth is the matter with you.' Thereupon a colored gentleman said: 'I'll kill any -- that opens his G -- d mouth or lays his hands on me, or crosses my path; I mean that.' Then he shot the second shot, and the switch light went out, and the glass flew all around witness. Deceased then said to witness: 'What's he trying to do, shoot your light out?' Witness answered: 'I don't know.' Blum was about 60 to 75 feet from witness when the above occurred. Juanita Jacobs then brushed by witness, and Mr. Blum met her at the Western avenue crossing. The switch light was 130 feet east of Western avenue crossing. Blum asked her if she had been stealing coal, and she said: 'No.' There was a little pause, and defendant rushed by the side of the cars like he meant business, cursed Juanita...
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