State v. Miller

• Decision Date: 31 May 1904
• Citation: 182 Mo. 370,81 S.W. 867
• Parties: STATE v. MILLER.
• Court: Missouri Supreme Court

81 S.W. 867

182 Mo. 370

STATE v. MILLER.

Supreme Court of Missouri, Division No. 2.

May 31, 1904.

BRIBING JURY — ACCESSORY AFTER THE FACT — EVIDENCE — EXEMPTED PERSONS — BURDEN OF PROOF.

1. To prove the commission of the offense created by Rev. St. 1899, § 2043, punishing every person who shall corrupt or attempt to corrupt a juror by "offering to give any gift * * * with intent" to bias the juror, it is not necessary to show an actual tender of the bribe, but evidence showing a proposal and declaration of a willingness to give a bribe or gratuity to bias the juror's verdict is sufficient.

2. Evidence on a trial for being an accessory after the fact to the attempt to corrupt a juror, punishable by Rev. St. 1899, § 2043, examined, and held to so show that defendant assisted the person committing the felony to escape with knowledge of his commission thereof as to sustain a verdict of guilty.

3. A person charged with being an accessory after the fact has the burden of proving that he comes within the classes of exempted persons defined by Rev. St. 1899, § 2365.

Appeal from Circuit Court, Johnson County, W. L. Jarrott, Judge.

Robert R. Miller was convicted of crime, and he appeals. Affirmed.

Hugh C. Brady and J. W. Suddath, for appellant. The Attorney General, Sam B. Jeffries, H. S. Hadley, W. H. Wallace, and C. D. Corum, for the State.

GANTT, P. J.

On June 22, 1901, the defendant, Robert R. Miller, was indicted by the grand jury of Jackson county for having on the 26th day of April, 1901, been an accessory after the fact to the attempt to bribe one Elisha Dancy, a juror in a certain case then pending in the circuit court of Jackson county wherein William Walton was plaintiff and the Metropolitan Street Railway of Kansas City was defendant. The indictment is as follows: "State of Missouri, County of Jackson — ss.: In the Criminal Court of Jackson county, Missouri, at Kansas City, Missouri, April Term, 1901. The grand jurors for the state of Missouri, in and for the body of the county of Jackson, upon their oath present that Grant Woodward, whose Christian name in full is unknown to these jurors, late of the county aforesaid, on the 26th day of April, 1901, at the county of Jackson, state of Missouri, a certain jury of said county being then and there duly summoned, returned, impaneled, and sworn to try a certain issue joined in a certain civil action between Mary H. Walton, plaintiff, and the Metropolitan Street Railway Company, a corporation organized and existing according to law, defendant, then depending and on trial in the circuit court in and for Jackson county, Missouri, at Kansas City, Missouri, and in division number two, the said division number two then and there having jurisdiction of said civil action, and the said Grant Woodward then and there well knowing the premises and facts aforesaid, and that one Elisha Dancy was one of the said jurors of the said jury aforesaid, and the said Grant Woodward corruptly and wickedly and feloniously intending then and there to hinder and prevent a just and fair trial of said issue in said civil action by said jury, did then and there unlawfully, knowingly, willfully, corruptly, and feloniously attempt to corrupt the said Elisha Dancy, who had been then and there duly summoned, impaneled, and sworn as one of the jurors of the said jury aforesaid, by then and there unlawfully, knowingly, willfully, corruptly, and feloniously offering to give said Elisha Dancy a certain gift and gratuity, to wit, the sum of ten ($10) dollars, lawful money of the United States, of the value of ten ($10) dollars, with the felonious intent to bias the mind of the said Elisha Dancy, and incline him to be more favorable to the side of the defendant than to the side of the plaintiff aforesaid in the trial and decision of the said issue so joined and on trial before said jury as aforesaid; and the grand jury upon their oath aforesaid do say that one Robert H. Miller, well knowing the said Grant Woodward to have done and committed the felony and bribery of a juror in manner and form aforesaid, afterwards, to wit, on the 26th day of April, 1901, at the county of Jackson and state of Missouri, him the said Grant Woodward did feloniously receive, conceal, harbor, aid, assist, and maintain, with the felonious intent and in order that he the said Grant Woodward might make his escape and avoid arrest, trial, conviction and punishment, he, the said Robert R. Miller then and there not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the said Grant Woodward, against the peace and dignity of the state."

The defendant was duly arraigned on the 5th day of July, 1901, and entered his plea of not guilty, and on the 23d of November, 1901, at the September term, 1901, the defendant applied for and obtained an order changing the venue to Johnson county, Mo. The cause reached the Johnson circuit court, and was set down for trial at the June term, 1902, of said court; but on the application of defendant, a continuance was granted to the October term, 1902, of said court, and the cause set specially for October 20, 1902. On the 25th of November, 1902, the defendant by his attorneys again prayed for a continuance on account of the absence of a witness. On the next day the record recites the calling of defendant, and his failure to appear, and a forfeiture of his recognizance was taken, and writs of scire facias directed to issue against his sureties, and a capias ordered for the arrest of defendant. On the 25th of February, 1903, the defendant appeared in court, and the cause was set down for April 6, 1903, and defendant recognized to appear on that day and from day to day and term to term. On the 6th day of April, 1903, the cause was reached, a jury impaneled, and the trial begun; and on the 8th day of April, 1903, the defendant was convicted, and his punishment assessed at a fine of $500 and one year's imprisonment in the county jail. In due time he filed his motions for a new trial and in arrest of judgment, and the same, having been seen and heard, were by the court overruled, and the defendant sentenced in accordance with the verdict, and appeal granted to this court, and the defendant was recognized to abide the judgment of this court. Leave was given defendant to file his bill of exceptions on or before August 10, 1903, and the said bill of exceptions was duly signed by the judge and filed August 5, 1903.

On the trial evidence was offered by the state tending to prove the following facts:

H. G. Henley, the clerk of the circuit court of Jackson county, identified the amended petition filed by the plaintiff in the circuit court of Jackson county in the case of Mary H. Walton against the Metropolitan Street Railway Company as a file of his office. The petition alleged negligence to the plaintiff in managing and operating its cars by defendant, her injury therefrom, and a prayer for damages. The other records of that court were offered and identified, and read to the jury, down to and including the impaneling of the jury, the hearing of the evidence, the giving of the instructions, and argument of the counsel, and an order permitting the jury to separate until 9:30 o'clock on April 26 1901, and on the 26th of April a recital of the failure of the jury to agree and their discharge. From the recital of the impaneling of the jury it appears that Grant Woodward and Elisha Dancy were two of the jurors selected and sworn to try said cause.

Finis C. Farr, Esq., a member of the Kansas City bar, was sworn as a witness and testified: That on the morning that the jury were directed to retire to consider their verdict, the cause was finally submitted to them, and they retired in charge of the sheriff. About 4:30 o'clock in the afternoon he was summoned to appear before Judge Slover, in whose division the case was on trial. When the jury reported they could not agree, they were discharged. Thereupon Judge Slover called Andrew Miller, the foreman of the jury, up to the bench, and took a list of names from him, and requested Andrew Miller, Elisha Dancy, Mr. Joseph Gephart, and Grant Woodward, all members of the jury, and Mr. Crane, the attorney for the Metropolitan, who had represented it in said Walton case, and Mr. Farr, to accompany the judge to his chambers. The official stenographer, Mr. Jones, also went. When all of the above-named parties had come into Judge Slover's chambers, the judge, in the presence of Grant Woodward and all the rest, stated that he had information from the foreman of the jury that an attempt had been made to bribe certain members of the jury in the case just tried to return a verdict for the Metropolitan Street Railway Company. He then requested Mr. Miller to make his statement. Miller made a statement of what Dancy had reported to him, to the effect that Woodward had attempted to bribe him (Dancy). Thereupon Judge Slover asked Woodward what he had to say. Thereupon Woodward did not say much. He was very much excited, and called for water frequently. Then the court requested Dancy to make his statement. Dancy said that Woodward had offered him $10 to vote for a verdict for the Metropolitan; that he had tried to make an appointment with him (Dancy) to meet him. He said Woodward first broached the subject while the 18 jurors were being examined on their voir dire; said there was not much in serving on a jury at a dollar and a half a day, and asked Dancy if he was there for his health. At another time during the proceedings Woodward said plaintiff did not have any money; that there was not as much money on that side as there was on the Metropolitan's side, and, if he (Dancy) would do right in the matter of bringing in a verdict, he would see that he got paid for it. At the conclusion of Dancy's statement, the judge again asked Woodward what he had to say in reply to that statement....