State v. Edwards

• Decision Date: 31 October 1879
• Parties: THE STATE v. EDWARDS, Appellant.
• Court: Missouri Supreme Court

71 Mo. 312

THE STATE

v.EDWARDS, Appellant.

Supreme Court of Missouri.

October Term, 1879.

Appeal from Linn Circuit Court.--HON. G. D. BURGESS, Judge.

AFFIRMED.

A. W. Mullins and Geo. W. Easley for appellant.

J. L. Smith, Attorney-General, for the State.

NORTON, J.

The defendant was indicted, in the circuit court of Linn county, for murder in the second degree, for killing William McKinley on the 4th day of July, 1878. On the trial of the same at the June term, 1879, of said court, he was convicted of murder in the second degree, and his punishment assessed to ten years' imprisonment in the penitentiary. Motion for new trial having been overruled, defendant brings the case before us on appeal. A reversal of the judgment is sought, because of alleged errors committed by the trial court in giving and refusing instructions; and, before considering the objections urged, we deem it proper to insert the evidence given on the trial in order to a proper determination of them.

On the part of the State, witness Macklin testified that he had for several years last past been a resident of the town of Laclede, Linn county, State of Missouri; that he was acquainted with the defendant, James C. Edwards; that, on the 4th day of July, 1878, about sunset, witness was in the public park in said town, near the music stand, and noticed defendant lying on the ground a short distance from said music stand. In a few minutes afterward witness saw defendant rise to his feet. Anderson Thomas and Al. Hall (a colored man) were trying to get him up. When defendant got on his feet, they gave back from him, and defendant remarked: “By God, I will see who is doing this.” He drew a revolver, and holding it in both hands, tried to cock it, but at the first attempt his thumb slipped. In the meantime the crowd were falling back from both sides in front of defendant. Defendant made another attempt, drew back the hammer of his revolver, and shot right into the crowd northwest of him. I cannot give the number of persons in the crowd. They were tolerably thick, passing to and fro. Defendant was standing up and leaning forward when he shot. As soon as he fired his revolver, he started forward to the boy, William McKinley, who was shot, kneeled by him and commenced fanning him with his hat. I saw the ball hole in the boy's breast. He only breathed two or three times, and then died. This occurred in Linn county, and State of Missouri.

On cross-examination, witness testified that the boy was thirty or forty feet from Edwards at the time he shot, and witness supposed there were a dozen other boys nearer the defendant and in the same general direction at the time he shot. Defendant was standing, probably, as much as two minutes before he shot; was facing toward the northwest, and the pistol was discharged in the same general direction. He held the pistol across his left hand, holding it in his right hand at the time he discharged it. McKinley had not been about Edwards, to my knowledge. When I came from my supper and went into the park, I saw defendant lying on the ground; do not know how long he had been lying there. The colored boy, Al. Hall, was standing three or four steps in a northwest direction from defendant when he fired. The boy who was killed was about thirteen years old, and small of his age. When defendant was fanning the boy, he lamented what he had done. The colored boy, Al. Hall, stepped back three or four steps when Edwards got up. When Edwards got out his pistol, Al. Hall ran in a northwest direction to the corner of the lemonade stand. About the time Hall got to the corner of the stand the pistol was fired. The corner of the lemonade stand is about eighteen feet from where Edwards discharged his pistol. The place where the boy fell is about twenty-nine feet from where Edwards discharged his pistol. The corner of the lemonade stand was about one foot and a half west of a line from where Edwards was standing to the place where the boy fell.

A. H. Love testified that he was marshal of the town of Laclede on the 4th day of July, 1878. As I passed Dr. Standley's office on the evening of said day, Dr. Standley informed me that defendant was lying down in the park drunk, and that he needed looking after. I crossed the street and passed through the gate into the park, and had gone about twenty feet when I saw the crowd scatter, some going east, some north and some west from where defendant was lying. Defendant got up, made two or three steps in a northwest direction, pulled out his revolver and fired it off. He seemed to have hold of the revolver with both hands. He fired in a northwest direction, where the crowd appeared to be most dense. After Edwards fired, he ran as fast as he could in the direction in which he fired. I followed, and when I came up to him he was kneeling by the side of William McKinley and fanning him with a hat or cap. Willie appeared to be dying. I let Edwards alone until the boy was dead. I then took defendant by the arm and told him to give me his revolver, which he did. I then took him before G. W. Freeman, a justice of the peace. That night I took him to Linneus, in company with Peter Chappell and Peter F. Felt. On the way to Linneus, defendant stated that the killing of the boy was an accident, and that it would not have happened had the boys not bothered him. He said he was not in the habit of carrying a revolver; that he had gone home and got this revolver because of a fuss he had had with Mr. Dysart; that, when he fired, he had intended to shoot Al. Hall, but that he did not intend to kill Hall.

On cross-examination, witness testified that Willie McKinley was twenty to twenty-five feet from Edwards at the time he shot, and that Al. Hall was six or eight feet from Edwards, in a northwest direction. The shooting occurred between seven and eight o'clock on the evening of July 4th, 1878. On the way to Linneus, Edwards stated that he shot at Al. Hall, but said he did not intend to kill him, or hit him, I cannot say which.

Al. Hall testified that he was in the park on the eventing of July 4th, 1878; that Thornburgh told him to go and get defendant up, and take him down to the stable. I went and took hold of Edwards, but could not wake him. Then Mr. Thomas came up and tried to wake him, and witness did nothing more to him. Bennie Edwards, who is a nephew of defendant, and about five or six years old, then came up and said: “Grand says pour cold water on him, and that will wake him.” When he said this, defendant jumped up and said: “By God, I am going to see who is doing this,” or something of that kind. Defendant then jerked a revolver from his pocket. I then jumped to one side, but got a little way, when I saw him straighten out his hand and shoot. Defendant went in the direction he shot until he came to where the boy was lying. When the defendant got there, he said he did not do that on purpose; that he did it accidentally; that accidents will happen. The boy shot was Willie McKinley. The last I saw of Edwards he was fanning the boy with a hat or cap. When Edwards fired the shot, I was a little to one side of him. There were nine or ten little boys standing in the direction in which Edwards shot.

Peter F. Felt testified that he did not see the shooting, but saw the defendant a short time thereafter. Was one of the parties that accompanied Edwards to Linneus that evening. On our way to Linneus defendant said he regretted that he had shot McKinley; said that he got the revolver on account of a fuss with Dysart. He seemed very sorry and said that the killing was an accident. He said he aimed to shoot Al. Hall, but afterward said he was just in fun and aimed to shoot down in the ground.

E. M. Tracy testified that he was in the park at the time the boy was shot; that there was quite a crowd of people in the park, several hundred; saw the boy fall, and heard him say he was hurt, just as he fell; did not see defendant shoot. There did not appear to be much of a crowd in the direction of the shooting. The main portion of the crowd appeared to be south.

Oscar Mitchell testified that he was in the park at Laclede on the 4th day of July, 1878. He (defendant) was lying on the ground apparently asleep. I saw defendant get up, fire his revolver, and the boy fall. There were a number of children near where the boy was shot, no men that I noticed. The main crowd was west of the defendant when he shot.

Defendant offered the following evidence: A. Thomas testified that he was in the park in Laclede on the 4th day of July, 1878. When witness first saw defendant he was lying in the park and a lot of little boys were plaguing him and throwing water on him. Witness went to him and told him to get up. He got up on his feet, stepped two or three steps and fired, holding the pistol in both hands.

Thomas Murrin, a witness for defendant, testified that he was present in the park at Laclede on the 4th day of July, 1878, and saw Edwards lying on the ground in said park. Quite a number of little boys were annoying defendant when I first saw him. When he arose to his feet and fired, witness thought he was asleep, for he could notice that his eyes were shut As soon as the pistol went off he opened his eyes, went forward to where the boy had fallen and commenced fanning him. Cross examination: I did not see the pistol in his hands. I did not see Geo. W. Macklin. I was watching his eyes. I was standing in front of the dance stand with one foot upon the platform. I noticed that he did not open his eyes until he shot, and then he opened his eyes and ran to the boy.

W. W. Hoskins, a witness for defendant, testified as follows: I was standing about twenty feet west of defendant when he shot, and could see him plainly. He acted as if he did not know what he was doing when he fired the shot. He held the pistol in both hands when it was discharged. This occurred on the evening of July 4th, 1878, at the park in Laclede, Linn county, Missouri.

Defendant, James...