State v. Hazzard

• Decision Date: 12 August 1913
• Citation: 75 Wash. 5,134 P. 514
• Court: Washington Supreme Court
• Parties: STATE v. HAZZARD.

134 P. 514

75 Wash. 5

STATE v. HAZZARD.

Supreme Court of Washington

August 12, 1913

Department 2. Appeal from Superior Court, Kitsap County; John B. Yakey Judge.

Linda Burfield Hazzard was convicted of manslaughter, and she appeals. Affirmed.

Karr &amp Gregory and J. H. Buchanan, all of Seattle, for appellant.

Thos Stevenson, of Bremerton, for the State.

MAIN J.

The defendant in this case was charged by information filed by the prosecuting attorney with the crime of murder in the first degree. The information so far as material is as follows: 'She, the said Linda Burfield Hazzard, in the county of King and state of Washington, on the 28th day of February, A. D. 1911, and on divers days between the said 28th day of February, A. D. 1911, and the 22d day of April, A. D. 1911, and she, the said Linda Burfield Hazzard, in the county of Kitsap and state of Washington, on the 22d day of April, A. D. 1911, and on divers days between said 22d day of April, A. D. 1911, and the 20th day of May, A. D. 1911, willfully, unlawfully, feloniously, and with premeditated design to effect the death of Claire Williamson, did kill and murder the said Claire Williamson by depriving and keeping from the said Claire Williamson all food and sustenance except as follows, to wit: The juices of fruits in quantity and not to exceed two fluid ounces daily upon the days and dates aforesaid, and the broth of vegetables not to exceed eight fluid ounces in quantity daily upon the days and dates aforesaid, said food not being sufficient in quantity and quality to sustain life in her, the said Claire Williamson's, body, the said Claire Williamson then and there being a human being in the care, custody, and control of her, the said Linda Burfield Hazzard, the said Linda Burfield Hazzard then and there having undertaken the duty to care for, to keep, and to provide sufficient food and sustenance to sustain life in her, the said Claire Williamson's, body, the said Linda Burfield Hazzard then and there having in her possession money, property, and means belonging to the said Claire Williamson sufficient to obtain sufficient food and sustenance to sustain life in her, the said Claire Williamson's, body, the said Claire Williamson being then and there weak and affilicted in body and mind and unable to care for herself and unable to obtain food and sustenance for herself, and the said Claire Williamson then and there being under the dominion and subject to the orders and commands of her, the said Linda Burfield Hazzard; by means of which acts and omissions to act as aforesaid, willfully, unlawfully, feloniously, and with premeditated design to effect the death of the said Claire Williamson, she, the said Linda Burfield Hazzard, did then and there mortaily deplate and reduce the body, strength, and vitality of her, the said Claire Williamson, by reason whereof she, the said Claire Williamson, there on all the days and times before-mentioned, until the 19th day of May, A. D. 1911, sickened and languished with a mortal sickness and feebleness of body, so as aforesaid, by the said Linda Burfield Hazzard created, brought about, and produced willfully, unlawfully, feloniously, and with the premeditated design to effect the death of the said Claire Williamson, on which last-mentioned day, to wit, on the said 19th day of May, A. D. 1911, in the county of Kitsap and state of Washington, she, the said Claire Williamson, then and there of said mortal sickness and feebleness of body did die, the said killing being not excusable, and not being committed by accident or misfortune in doing any lawful act by lawful means, with ordinary caution and without any unlawful intent, and the said killing not being justifiable, and said Linda Burfield Hazzard not then and there being a public officer, or person acting under the command or in the aid of a public officer, and the said killing not being in the lawful defense of the said Linda Burfield Hazzard, or of her, the said Linda Burfield Hazzard's, husband, parent, child, brother, or sister, or of any other person in her, the said Linda Burfield Hazzard's, presence or company, and not being when there was reasonable ground to apprehend a design on the part of the said Claire Williamson to commit a felony, or to do some great personal injury to her, the said Linda Burfield Hazzard, or to any such person then and there in her presence or company, and there not being then and there imminent danger of such said design being accomplished, and the said killing being not then and there in the actual resistance of an attempt to commit a felony upon the said Linda Burfield Hazzard, or in the presence of her, the said Linda Burfield Hazzard, or to commit a felony upon or in a dwelling or other place of abode in which she, the said Linda Burfield Hazzard, then was, contrary to the statutes in such case made and provided and against the peace and dignity of the state of Washington.' To this information a demurrer was filed on various grounds, which will be noticed subsequently herein. The demurrer was overruled, and on January 15, 1912, the cause was called for trial. Subsequently, and on February 4th, the jury returned a verdict finding the defendant guilty of manslaughter. Motion for new trial was made and overruled. Thereupon the defendant was sentenced to the state penitentiary at Walla Walla for not more than 20 years and not less than 2 years. From this judgment and sentence the appeal is prosecuted.

The facts, as contended for by the state and as shown by its evidence, may be briefly outlined as follows:

During the month of September, 1910, Dora Williamson and Claire Williamson, two English young women, the former then 37 years of age and the latter 34, were stopping temporarily at Victoria, B. C. The parents of these ladies had both died many years before. They had no relatives in this country except an uncle in Portland, Or., and an aunt at El Toro Cal., and two cousins, daughters of the aunt. Seeing an advertisement of the defendant in one of the Seattle newspapers, correspondence was opened with her by Claire Williamson, relative to her system of healing. Dora Williamson was then suffering somewhat from rheumatism. The defendant, in response to a letter, forwarded a book entitled, 'Fasting for the Cure of Disease,' written by herself, and also a pamphlet or booklet giving an account of a sanitarium at Olalla, Wash., which the defendant operated. During the month of October the girls went to California to spend the winter with the aunt at El Toro. From the letter place some correspondence continued between the defendant and one or both of the girls. During the month of February, 1911, the girls had concluded that one of them would return to London, Eng., and the other to Australia; the latter place being their place of residence. Before going, however, they concluded to come to Seattle and take a course of treatment with the defendant. While the girls were in California and at the time they came to Seattle they were in apparent reasonably good health. Dora suffered occasionally from rheumatism and indigestion, and Claire from a displacement of the uterus which would readily respondent to treatment. The fact that they were coming to Seattle to take treatment from the defendant was not disclosed by the girls to any one. They arrived in Seattle on Feburary 26, 1911, and on the day following, the 27th, interviewed the defendant at her office. The girls being strangers in the city, an apartment in the Buena Vista apartment house was secured for them by the defendant. At this interview the girls arranged to take treatment from the defendant every day except Saturdays and Sundays for a consideration of $60 per month each. The treatments consisted of massage or rubbing, the abstaining from food, except fruit juice, asparagus water, and vegetable broth with a small bit of butter therein about as large as the thumb nail, a warm bath every day, or practically every day, and an enema of from four to six quarts of warm water each day. From the 27th day of February until about the 15th day of March these treatments continued; the girls going to the office of the defendant each day for their rubbing or massage, and conforming in other respects to the treatments as prescribed by the defendant. About the 15th of March, the girls being in such a weakened condition that they were no longer physically able to go to the office for treatment, a nurse was secured by the defendant to care for them at their apartment. The defendant, however, called almost daily, other than Saturdays and Sundays, to give the treatments. Thereafter the same treatments in the way of massage or rubbing, abstaining from food, bathing, and the enema were adhered to. The girls constantly grew weaker and more emaciated. During this time the defendant repeatedly inquired of the girls concerning their relatives, their property, their business, and income. Upon one occasion, while visiting them in their apartment and discussing business affairs with them, she advised them that it was unsafe to keep their papers, money, and jewelry in their apartment, and thereupon induced them to give her their papers and other articles of value, including the rings from their fingers, in order that they might be placed in the safe in her office for safe-keeping. During all this time the girls seemed to have implicit confidence in the defendant; they doing all things which she directed and abstaining from all which she forbade. On April 22d the girls were, by the defendant, taken from their apartment to Olalla, Wash., where the defendant claimed to be operating a stanitarium. At this time they were unable to walk, and were carried from their beds in the apartment upon stretchers to the...