State v. Gray

• Decision Date: 04 March 1903
• Citation: 72 S.W. 698,172 Mo. 430
• Parties: STATE v. GRAY.
• Court: Missouri Supreme Court

72 S.W. 698

172 Mo. 430

STATE v. GRAY.

Supreme Court of Missouri.

March 4, 1903.

MURDER — MOTION FOR NEW TRIAL — AFFIDAVIT.

1. In support of a motion for a new trial, an affidavit was submitted that when defendant, prosecuted for murder, was being conducted to the courtroom, just before opening of court, and while the jury was in an adjoining room, the door to which was open, the widow of the deceased exclaimed in a loud voice, "I want to see the man that murdered my husband; that is the man;" but no showing was made that the jury actually heard these remarks, and it was obvious that no officer of the court had any knowledge of what the widow was going to do. Held, that a refusal of a new trial will not be disturbed on appeal.

In banc. Appeal from St. Louis Circuit Court; Franklin Ferris, Judge.

Sampson, alias "Bud," Gray, was convicted of murder, and he appeals. Affirmed.

On the 25th day of October, 1901, the grand jury of St. Louis preferred an indictment against Sampson, alias "Bud," Gray, for the murder of George Jones in said city on the night of the 9th day of June, 1901. The deceased and defendant and his coindictee, John Pitts, were all negroes. The deceased and the defendant were laborers in the employment of the Howard & Evans Clay Pipe Company, near Macklin avenue in St. Louis. On the morning of June 10, 1901, the dead body of George Jones was found lying about 200 feet east on Macklin avenue, and about 450 feet north of Manchester Road. There were two bullet holes through his head, and a knife was found sticking in his right wrist. The corpus delicti was fully established, and the identification of the dead body as that of George Jones was established beyond the peradventure of a doubt. The evidence tended to establish that Jones was an industrious man, and was known to have about $150 on his person on the day he was slain. The defendant and John Pitts were together on that night, and after midnight slept until morning in the same bed at the house of Ben Nelson, another negro. Pitts and defendant were both arrested, and Pitts made a confession, and then the defendant made a full confession. The evidence fails to disclose, under the most rigid cross-examination, any flattery of hope or torture of fear to obtain the confession. The defendant stated that Pitts had seen Jones with considerable money and a watch, and, as it was a custom of deceased to sleep with defendant in the neighborhood of the Sewer Pipe Works, they conspired to kill him to get his money. It was first agreed that defendant should sleep with Jones that night, and leave the door unfastened, and in the night was to give a loud cough as a signal for Pitts to come in the room and kill deceased while asleep. Defendant, however, became afraid that Pitts might strike him instead of deceased, and they abandoned that plan. They then hit upon the scheme of enticing him from the house and killing him by striking him from the rear with a bludgeon. Accordingly they prepared themselves with a pistol, which they secreted, and with a lead pipe; that defendant went to the temporary apartments where deceased was then lodging. He told him that there were some women who wished to see him, and they repaired to the designated place. It had been agreed that Pitts should strike the deceased with the leaden pipe, but Pitts feared to do this, and, because of his hesitation, the defendant drew his pistol and fired at the deceased, striking him in the head. Then Pitts grabbed the pistol and also fired a shot into the head of the deceased; that they took his watch and $1 in money. The evidence on behalf of the state showed that the defendant had given the watch to one Annie Miller, and by her direction it was found in a pawnshop, recovered, and identified by the wife of the deceased as belonging to...