State v. Crump

• Decision Date: 05 June 1925
• Docket Number: No. 26191.,26191.
• Citation: 274 S.W. 62
• Parties: STATE v. CRUMP.
• Court: Missouri Supreme Court

274 S.W. 62

STATE v. CRUMP.

No. 26191.

Supreme Court of Missouri, Division No. 2.

June 5, 1925.

Appeal from Circuit Court, Montgomery County; E. S. Gantt, Judge.

James Crump was convicted of murder in the first degree, and he appeals. Affirmed.

W. W. Botts, of Mexico, Mo., for appellant.

Robert W. Otto, Atty. Gen., and Harry L. Thomas, Sp. Asst. Atty. Gen., for the State.

Statement.

RAILEY, C.

On February 25, 1924, the prosecuting attorney of Audrain county, Mo., tiled a verified information in the circuit court of said county, charging appellant with murdering Chal Blum, who was then sheriff of said county. He was convicted of murder in the first degree by a jury on April 11, 1924, and his punishment fixed at death. He appealed to this court, where his case was fully considered and, in an opinion reported in 267 S. W. 822 and following, the cause was reversed and remanded for a new trial. The validity of the information was sustained in above opinion, as shown upon page 826 of above authority. The defendant obtained a change of venue after the case was reversed and remanded, and it was sent to the circuit court of Montgomery county, Mo., where, on February 18, 1925, another jury returned a verdict convicting defendant of murder in the first degree and assessed his punishment at death. From said last judgment appellant was granted an appeal to this court.

A very full statement of the facts was made when the case was formerly here, as shown in 267 S. W. at page 822 and following. The defendant was ably represented by Hon. W. W. Botts, as counsel in the former trial, and is again represented here by the same counsel. The general facts relating to the homicide are substantially the same as they were at the former trial. There is very little difference, if any, between the facts as stated by counsel for the respective parties. We accordingly adopt the statement made by counsel for appellant, as follows:

"There is no dispute as to the fact that the defendant killed Chal Blum, on the night of Sunday, February 10, 1924, a few minutes before 11 o'clock, in Mexico, Audrain county, Mo., on the crossing of Western avenue over the railroad tracks. Nor is there any conflict in the testimony up to the point of time just a few seconds preceding the enactment of the tragedy, as follows:

"The defendant and a negro woman, Juanita Jacobs, left the home of his mother, Kitty Crump, which is some distance east of the railroad station in Mexico, and proceeded westwardly together, and in the direction of the home of Juanita Jacobs, which is just west of Western avenue crossing and adjacent to and north of the railroad right of way. The nearest route between the two homes leads past the Wabash passenger station, which is south of the railroad yards, thence through the yards of the Wabash and Chicago & Alton Railroads westwardly to the said Western avenue crossing, something more than a quarter of a mile from their starting point at the home of Kitty Crump. They pursued this course without incident until they approached a switch light on the main line track of the Chicago &amp Alton Railroad, located about 100 feet east of said street crossing where the shooting as above stated occurred.

"Just about the time the defendant and his companion were approaching this switch light, the deceased, Chal Blum, arrived at the said crossing on his way home from Southwest Mexico, where he had made a social call on a young lady friend. Besides the deceased and defendant, there were three persons in the immediate vicinity, namely, the negro woman, Juanita Jacobs, E. M. Acuff and M. A. Hamilton, the two latter, members of the. Chicago & Alton switching crew on duty as yard switchmen that night.

"The switch engine had just rolled a car of coal from the west, over the crossing, so that its west end cleared the crossing and also about even with the west end of a string of box cars on a side track eight feet north, leaving about four feet clearance between them. The crossing was well lighted by a strong street light situated between the Wabash and Chicago & Alton tracks, although defendant insists that the street light was not on at the time he arrived here. Mr. Blum was crossing the tracks along the footpath on the west side of the crossing when first seen by the witnesses Acuff and Hamilton. They spoke to him and he to them, and while he and Hamilton chatted, Acuff started east to throw the switch, above mentioned, to let the coal car off the main track. At this point the testimony as to just what took place is conflicting and confusing, as the following excerpts from the testimony will show:

"Dr. R. C. Strode, coroner, testified concerning the wound: `The bullet entered the lapel of his overcoat and through the main part of his overcoat and through the under coat, vest, and shirt, and penetrated the skin about one and one-half inches to the right and one inch below the nipple, going through the left ventricle of the heart, coming out through what we call the auxiliary or the brachial plexus nerve and back through the back of the bone in the arm back of the humerus, coming out the triceps muscle of the left arm. The size of the hole at the point of entry was about a quarter of an inch, and at the point of exit about one-half an inch in diameter. It did not pass out of the body before entering the arm, but entered the arm under the skin and came out back of the bone in the arm about midway between the elbow and the shoulder. It entered the arm under the skin through the brachial plexus, as we call it, right here (indicating).'

"Dr. P. E. Coil, testifying concerning the wound: `We found the bullet wound that entered the left chest an inch and a half to the right and one inch below the left nipple, ranging in outward, emerging through the back of the left arm about midway between the elbow and the shoulder. It went through the left ventricle of the heart.'

"McKinley Baker testified:

"Direct examination: `I saw Jim Crump, the defendant, that Sunday afternoon at Tom Ed's restaurant. I was standing in the restaurant and Jim Crump came in and hit me just a little jolt, and I told him not to do it, I was just out of the hospital, and he said, "Well, if you don't like that, you can take this," and that was all there was said. When he said that, he showed me the barrel of a gun. He just pulled it up so I could see the barrel. It was in his right coat pocket.'

"Cross-examination:

"`Q. Did Jim strike you in anger? A. No, sir.

"`Q. Did he seem angry? A. No, sir; he didn't.

"`Q. His action didn't frighten you, did it? A. No, sir; it didn't.'

"C. M. Fox testified: `I was deputy sheriff of Audrain county, and am now sheriff, since January 1, 1925.' Testified as to efforts to locate the witness Juanita Jacobs. The state did not offer the transcript of the testimony of this witness given at the former trial at Mexico, Mo.

"E. M. Acuff testified:

"`I am yard switchman for the Chicago & Alton Railroad, and was engaged as night yard foreman on the night of February 10, 1924, in the Chicago & Alton yards at Mexico. M. A. Hamilton, a switchman, was with me. I saw Chal Blum that night. At the time I saw him there was a string of box cars on track 2, the first track north of the main line, the west end of which string of box cars was about even with the east side of Western avenue crossing. At the same time we had a car of coal west of Western avenue crossing, coming toward the crossing on the main line. I was on the crossing just coming onto track No. 2 towards the main line, and M. A. Hamilton was just behind me, when I saw Blum coming up from the south up on the tracks there in speaking distance. He was on the west side of Western avenue crossing. We spoke to him and he to us, and just then this car of coal was coming along the main line, and I wanted to throw the switch east of the crossing to let the car off the main line and started to walk down the main line east. Just as I started to walk down there to throw this switch why I heard a shot fired, a pistol. It was east of me. It sounded like it was pretty close to me, but I couldn't see any one; they were outside of the light, and I kind of hesitated there, and after the first shot was fired why there was a colored lady by the name of Juanita Jacobs says: "Quit that; what on earth is the matter with you?" And when she said that a man's voice said: "I'll kill any ___ that lays hands on me or crosses my path; I mean that." And he cut down again and fired another shot and shot the switch light out, the glass flew all around me there, and by that time Mr. Blum seemed to have come nearer to me, and says: "What's he trying to do? Shoot your light out?" I says, "I don't know," and I stood there then and felt for the next bullet.

"`I kind of stalled along and eased back the best I could, and just then why Juanita Jacobs came up in sight there in the light by the side of the cars and started to go over to her room. She lived there in what is known as the old Hoxey Hotel. It was a lunch room run by Hoxey years ago. She came up on the north side of the "main line next to the string of box cars on No. 2 track. As she came rushing up there beating it for her room, why Mr. Blum stepped across and stopped her and says, "What have you been doing, Juanita, stealing coal?" He stopped her right near the west end of the first car east of Western avenue crossing on No. 2 track. She says, "No, sir, Mr. Blum; I haven't," and just then a colored fellow rushed up by the side of the car and cussed this woman out. He says: "God damn you! Go on to your room and stay there. I told you to go on to your room." And he took her, steps right in front of Mr. Blum, and it seemed to me like he didn't stop; he just crowded right on through and went around the end of the car. I didn't hear Mr. Blum say anything. Just as they went around the end of the car, why I saw Mr. Blum kind of make a lunge to grab him by the arm or halt him in...