State v. Mills

• Decision Date: 31 October 1884
• Citation: 91 N.C. 581
• Parties: STATE v. EATON MILLS.
• Court: North Carolina Supreme Court

91 N.C. 581

STATE

v.EATON MILLS.

Supreme Court of North Carolina.

October Term, 1884.

OPINION TEXT STARTS HERE

INDICTMENT for murder tried at Spring Term, 1884, of HALIFAX Superior Court, before Avery, J.

The prisoner was indicted for the killing of one Henry Ponton by shooting him with a pistol on the fifth day of November, 1883.

Exception 1, 2, 3, 4. The facts relating to exceptions to jurors are stated in the opinion.

Sam Jarrett, a witness for the state, testified that he knew the prisoner, and knew when deceased was shot, and that he saw the prisoner get off the 4 o'clock train at Halifax the evening of the day the homicide was committed.

G. H. McDaniel testified for the state that he knew the prisoner and the deceased; that prisoner had pawned his pistol to the witness for whiskey and came into his shop about dark on the evening of the homicide and asked witness for the pistol and whether it was loaded. Witness replied that it was just as he had left it. He seemed excited and took a drink and witness gave him the pistol. Witness kept a bar about 400 yards from Bob Daniel's store, and about 700 yards from Parker's gin-house.

Henry Purnell testified that he was in the town of Halifax in the evening before deceased was shot at night; that he saw the prisoner, his son John Henry Mills and Columbus Cook talking near Bob Daniel's store; that John Henry Mills was prisoner's son; that he saw prisoner laying off his hands and heard prisoner say, “we'll get him;” that one of the others replied, but witness did not hear what he said; that prisoner said Henry had done something, but witness did not understand what; it was then about sun down, and witness stopped when he heard prisoner mention Henry (witness' name being Henry), and then the prisoner and the other two began to whisper.

Witness further testified that after he went into Daniel's store, Henry Ponton, (the deceased) came in and handed Mr. Grizzard some money to change, and that prisoner came in soon after Ponton, and threw his arms around him and asked Ponton where he had been all day; that he had been looking for him all day. Ponton said, “what do you want?” Prisoner said, “I want to get 1/2 pint of whiskey and I want you to drink it all. I want you and me to have a damned big time.” Prisoner then went back into the bar-room, the back room of the store. Ponton stopped to talk with witness and prisoner came back and said, “come on and let us take a drink, don't take up time to talk with Jesus Christ, when I am talking to you.” Witness further testified that he remained in the front room of the store a half hour later, and in coming up street, heard some one calling Henry Ponton in front of Eliza Price's restaurant about 15 steps from Daniel's store; saw it was Eaton Mills. Witness heard Eliza Price say: “some one is calling you.” Witness then saw prisoner and deceased go arm in arm towards Daniel's store, but could not see whether they went in or passed on. It was then “good dark,” but witness recognized both. Henry Ponton is now dead.

Tom Ousby testified that he kept a bar-room in the back of Daniel's store in the same building. Ponton passed through a middle door from Daniel's store to the bar kept by witness. Prisoner came in about 3 o'clock in the afternoon that deceased was shot, and paid an account due to witness, and went out. Prisoner and deceased came in about dark or a little before. Prisoner bought a half pint of whiskey and filled two glasses. Ponton drank one, but prisoner did not touch the other. Prisoner made witness fill Ponton's glass again and Ponton drank it. Prisoner told Ponton to go and drink and not to wait for him. The prisoner then insisted that Ponton should drink the glass poured out for him (prisoner). Ponton said: “No, I don't want any more, I have enough. Give it to Mr. Manney.” Prisoner said, “No, drink it yourself, I don't want to treat any body but yourself.” J. E. Manney was present, sitting in the bar-room; Columbus Cook was standing with one arm on the bar; John Henry Mills was sitting behind the middle door in the bar-room, and near a stove.

After deceased and prisoner got through, they walked arm and arm by the store and sat on some empty beer crates. Prisoner said: “We are the best friends in the world, ain't we?” Witness was called by a Mr. Lancaster, who said that Daniels had gone home. Henry Ponton then got up and walked out. Witness went out to see Mr. Daniels, and saw Mr. Daniels and deceased talking near the front door, and after he spoke to Mr. Daniels he met the prisoner about half way in Daniels' store going towards the front door; he also met John Henry Mills coming through the middle door, and as witness passed into the bar-room, Columbus Cook went towards the front door across the store. About five minutes later witness opened a side door and saw two persons going towards Parker's gin, and took them for Columbus Cook and John Henry Mills. Witness then went in and shut the door. In about 5 or 10 minutes after he shut the door, he heard a pistol fire twice. In a second a man ran by the door and said: “Some one is shot down there.” The shots were fired in the direction of Parker's gin. Witness opened the back door again and saw some one coming from the direction of Parker's gin saying, “Oh! Oh!” He went to meet him, J. M. Grizzard, Jr., following witness. He was running fast when witness first saw him. He was on his knees when witness got to him, and was in 25 steps of the store. Witness said: “Is that you, Henry?” Deceased said: “Yes, sir. I am dying, I am dying. I have been shot three times. I am bound to die. The shot is inside of me, and I am bound to die.” Witness was looking at the wound on the head, and when deceased first said, “I am dying,” witness said, “I reckon not.” Deceased then said: “I am bound to die. The shot is inside of me.” Deceased then said: “Please do something for me, I am shot all to pieces.” Witness afterwards saw three holes, one in his temple, another in his side and a third in his back. Witness went for a doctor; saw the wounds after the doctor had examined him. After he returned with the doctor, he heard deceased say again and again, “I am bound to die.

I am shot three times. I am dying.”

5th exception. The solicitor offered to show the declarations of the deceased, made after the witness returned with the doctor and after deceased said repeatedly, “I am dying,” “I am shot three times.” Prisoner objected. The objection was overruled, and prisoner excepted.

The witness then testified as follows:

After the deceased said “I am dying,” he said “Eaton Mills asked me to go to Bob Daniels to get supper with him. We were going on together arm in arm, and Eaton took his pistol and put it right to my face and shot me for nothing.”

Witness asked deceased where it occurred? Deceased said: “Right down there at Mr. Parker's gin.” Deceased said also, “that just as he got down there he saw two other men in front of Parker's gin.” Deceased was coming from the direction of Parker's gin when witness saw him.

Daniel's store is about 200 yards from Parker's gin. Dan??el's dwelling is about 300 yards beyond Parker's gin and 500 yards from the store. The gin is on the path leading from his store to his dwelling house. Persons usually travel that path instead of the road in going from his store to his house.

There is an old railroad track just in front of Parker's gin and within 75 yards of Parker's gin.

6th exception. On cross-examination prisoner proposed to show by the witness, that the person that ran by and said: “Somebody has shot somebody” was Washington Johnson and that Washington Johnson said also that the shooting occurred near Parker's gin. The reason given for offering the testimony was, that Washington Johnson was summoned for the state, and would probably be introduced as a witness (though he had not then been introduced) and the testimony was offered to contradict him. Objection for the state was sustained, and prisoner excepted.

7th exception. W. T. Parker testified for the state that as he was coming back from supper on the night referred to by other witnesses, and heard a noise in Eliza Price's shop; he went in and found Henry Ponton there. Deceased said that he was shot in the side and back, and was going to die; that the shot in the back was hurting worst; and he was bleeding internally from that, and was bound to die. He did not say anything further that witness recollects. The prisoner objected to proof of declarations then made by deceased. The objection was overruled, and prisoner excepted.

The witness further testified as follows: “Just after deceased said that he was bound to die, witness asked him who shot him. He replied that Eaton Mills shot him; witness said, “what for?” Deceased said, “nothing.”

Eaton Mills was not arrested till some time after that. A reward was offered for him by the governor before he was arrested. Parker's gin was in about 100 yards of the track now used by the Wilmington and Weldon railroad company.

8th exception. The solicitor proposed to show by the witness that the “fast train” on said railroad passed soon after the shooting. The testimony was offered to be considered in connection with the other evidence, that prisoner, his son and Cook, were seen talking together and what was said; that prisoner afterwards tried to make deceased drink three glasses of liquor; that Cook and John Henry went up the path after dark, and prisoner followed arm in arm with deceased, and that pistols were fired about Parker's gin, as tending to show a purpose on the part of the prisoner to kill deceased and place him on the railroad track before the train should pass. Objection was overruled and prisoner excepted.

Witness further testified that the “fast train” arrived at that time about one-half or three-fourths of an hour after dark, but had not yet passed, when witness came back from supper and saw deceased at Price's shop. It was then about time for the train to...