State v. Jackson

• Decision Date: 04 June 1888
• Citation: 95 Mo. 623,8 S.W. 749
• Parties: STATE v. JACKSON.
• Court: Missouri Supreme Court

8 S.W. 749

95 Mo. 623

STATE v. JACKSON.

Supreme Court of Missouri.

June 4, 1888.

1. HOMICIDE — MURDER.

Evidence that deceased was murdered by some one; that defendant was impecunious, and knew deceased to have a large sum of money on his person; that deceased was last seen alive in his company; that defendant admitted to have been with deceased at the place of the murder; that defendant, one hour after the murder, was seen one and three-fourths miles distant from the place of the murder; that, instead of availing himself of an opportunity to procure work, in search of which he and deceased were traveling together, defendant left the county and state; that he made false statements about his conduct at the time, and, when arrested on the charge of murder, endeavored to procure tools to break jail, — sufficiently supports a verdict of guilty of murder in the first degree, (a new trial having been granted on other grounds,) though a great deal of mystery is connected with the crime, and defendant's clothes, after the murder, were not noticed to be blood-covered, and foot-prints at the scene of the crime did not conform to the length of defendant's foot.

2. SAME — EVIDENCE — CONDUCT OF DEFENDANT WHEN ARRESTED.

On trial for murder, testimony, by one sent to receive defendant from the authorities of another state, that the prisoner was not delivered up without proof of his identity, is irrelevant, since the fact that defendant did not facilitate his transportation affords no presumption of guilt.

3. SAME — ADMISSIONS.

On trial for murder, evidence not amounting to an acknowledgment of guilt, but simply that defendant had stated to witness that, when he learned from a newspaper in another state that he was accused of the murder, he felt so distressed that he went stealing horses to pacify his mind, is inadmissible, not being a confession of the crime charged.

4. SAME.

A statement to a fellow-prisoner by one accused of murder that he knew that the deceased had a large sum of money in a belt upon his person is admissible in evidence as tending to show a motive for committing the crime.

5. SAME.

Admissions to a fellow-prisoner that defendant had attempted to break jail in another state on learning that he was to be brought to this state on the charge of murder, are admissible against him on his trial for that crime.

6. SAME — ATTEMPT TO ESCAPE.

On trial for murder, it is competent to show that defendant requested a fellow-prisoner to assist him in escaping from the jail in which he was confined, and the jury may take that fact into consideration in determining defendant's guilt or innocence. NORTON, C. J., and RAY, J., dissenting.

7. SAME — TRIAL — INSTRUCTIONS.

In the absence of evidence as to when the murder was committed, and where defendant was at the time, it is not error to refuse to instruct the jury on the subject of alibi; that not having been made an affirmative defense.

8. SAME.

An instruction, on trial for murder, that flight raises the presumption of guilt, and that, if defendant fled the country, they might consider it in determining his

guilt or innocence, but that they should not consider such leaving as a flight if defendant left on his own proper and legitimate business, and not for the purpose of avoiding arrest or trial, is unobjectionable, where defendant, after the commission of the crime, left for another state.

9. SAME — CONDUCT OF PROSECUTING ATTORNEY.

On trial for murder, it is reversible error for the prosecuting attorney, over defendant's objection, to state, in opening the case, that defendant, when about to be brought from another state, denied his identity there, — there being no evidence of the fact except that before extradition proof of prisoner's identity was required, — and that defendant had admitted that, on learning of the charge of murder against him, he went stealing horses to pacify his mind, even though the court, on exception to the first statement, admonished the jury not to permit it to influence their minds. NORTON, C. J., and RAY, J., dissenting.

10. SAME.

A judgment on a verdict of guilty of murder in the first degree will be reversed on the ground that the prosecuting attorney, in his closing address, remarked, in urging the jury to convict, that "escape of criminals at the hands of juries brings on lynch law." NORTON, C. J., and RAY, J., dissenting.

Appeal from circuit court, Franklin county: RUDOLPH HIRZEL, Judge.

Webster Jackson was indicted for the murder of Alexander McVickers, tried, and convicted of murder in the first degree. He appeals. Upon the trial the court gave the jury, inter alia, the following instructions: "(15) Flight raises the presumption of guilt; and if the jury believe from the evidence that defendant, after the commission of the alleged crime, fled the country, and tried to avoid arrest and trial, they may take this fact into consideration in determining his guilt or innocence; but if the jury believe from all the evidence that the defendant did not fly from the county, but left it on his own proper and legitimate business, and not for the purpose of avoiding arrest or trial, then such leaving of the county raises no presumption of guilt whatever, and the jury should not consider such leaving as a flight. (16) If the jury believe from the evidence that the defendant, while being in jail and in custody of the sheriff, charged with the crime of killing Alex. McVickers, sought means of escape, and undertook to get proper tools for that purpose, and, to accomplish his escape, sought the assistance of other parties, they may take this fact into consideration in determining the guilt or innocence of the defendant."

J. C. Kiskaddon and Jas. Booth, for appellant. Atty. Gen. Boone, for the State.

SHERWOOD, J.

Labadie is a town in Franklin county, on the Missouri Pacific Railroad, near the Missouri river. At that point, the railroad, in pursuing its general eastwardly course towards St. Louis, turns a little east of south in going to Gray's Summit, the next town on the railroad. Pacific is the next town on that road, situate at the junction of the Missouri Pacific and the 'Frisco Railroads, and nearly due east from Gray's Summit; so that Pacific, in consequence of the elbow thus formed, is nearly due south-east from Labadie, and much nearer in an air line to that place than by the railroad route. These facts are gathered from a map of the state, and not from the record; and this is done in order to a better understanding of the facts which this record does disclose. At about 9 o'clock on the morning of October 22, 1886, the train arriving from St. Louis brought to Labadie the defendant, Webster Jackson, then some 22 years of age, and another man of 60 years, named Alexander McVickers. They had previously worked together for some time as cooks, etc., at Keene's camp, in the neighborhood, but had quit there a month before, and the defendant had gone to St. Louis, and, upon his return after a short absence, had returned to Labadie, and worked a few days at Shaefer's camp, and after that had gone again to St. Louis. Both men, it seems, were well known in the vicinity. Upon alighting from the train, Keene, their former employer, spoke to both of them, and said: "Hello, Jackson! What brings you back in this country?" To which Jackson replied:

"I am just going back into camp." F. M. North, who knew McVickers by sight, but was well acquainted with Jackson, met them, after they had alighted from the train, and spoke to Jackson, who "said that he and the old man [meaning McVickers] had got a job at Schaefer's, and were going down to cook there." Jackson seemed to be in a hurry, and said the old man was ahead of him. They were then going toward's Schafer's camp, which is about five miles east of Labadie, and the path they were taking leads directly to the to the road that goes to Reed's Landing, and that road crosses Fiddle creek on a bridge, and goes from there to Pacific. Reed's Landing is about three and one-half miles from Labadie, and that the bridge is about equidistant between Labadie and Reed's Landing; and the road going from the bridge leads to Schaefer's camp, turning off at Utter's place, which is a mile and a quarter to a mile and a half from Schaefer's camp. T. M. Luce, a practicing physician, also saw Jackson and McVickers at Labadie at the time already mentioned; and, while the doctor was speaking to Jackson, McVickers walked on. Dr. Luce says he inquired of Jackson where he was going, and Jackson replied that he was going to Schaefer's camp to cook, when Dr. Luce told him that he had seen Mr. Stevens at Schaefer's camp, who had said to him that Jackson's services were not required. That Jackson then said: "That is all right. I have been to the company's office in town, and have seen Mr. Schaefer, and he told me to go up to Pacific, and get the old man and come out; no trouble about my and the old man's wages." Jackson's last words to the doctor were: "Well, there goes the old man; I must catch up;" and they went off in the direction of Schaefer's camp. Dr. Luce also testified that Jackson was not well at the time he saw him at the train; that he had been treating him for malarial trouble; and that his face on that morning displayed unusual pallor. Jackson and McVickers were next seen together by James G. North, who saw Jackson, and an old man with him, about half past 9 o'clock, as near as the witness could judge, having heard the 9 o'clock train pass up. The point where North saw and spoke to Jackson was about 50 yards from Alkire's west line, about a mile and a quarter or a mile and a half east from Labadie; and the bridge is at Alkire's east line, about half a mile from where North saw them. They were on the Labadie side of the bridge, and were traveling east in the direction of it, and about a half a mile therefrom. The road they were on leads from Labadie to Reed's Landing, and is the road used to go to...