State v. Speaks
| Decision Date | 28 February 1886 |
| Citation | 94 N.C. 865 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. ALLISON SPEAKS. |
INDICTMENT FOR MURDER, tried before Montgomery, Judge, at Fall Term, 1855, of IREDELL Superior Court.
The prisoner was charged with the murder of Noah Mason, in the county of Iredell, on the first day of February, 1885.
At the request of prisoner's counsel, one hundred names of jurors were drawn from the jury box of said county, in accordance with the provisions of §1739 of The Code. A writ of venire was issued to the sheriff of said county, who made due return thereof, that he had summoned all the persons named therein, except four, and as to them, he returned that one was dead, and the others were not to be found. All the jurors answered to the call except these four, and on the failure of these four to answer, the prisoner challenged the array, and assigned for cause, the failure of these four to answer, and the sheriff's return. The challenge was overruled, and the prisoner excepted. The jury was obtained before the prisoner exhausted his peremptory challenges.
On the trial, the following is the substance of the material parts of the testimony:
Thomas Redman, a witness for the State, testified that he knew deceased--lived a mile from him--he was dead--saw him when he was knocked down; it was between his, witness's house, and Allison Speak's; he and the prisoner had had a quarrel about seven and a half cents, which the witness owed him--prisoner cursed him--witness told him if he would go off, he would pay him; prisoner continued to curse him; he saw the prisoner no more until up in the road, he commenced cursing witness--they quarrelled awhile, and prisoner went up the road. Lee Shoemaker came up, and he, witness, Jim Pratt, and the deceased, were standing together, not three steps apart, when the rock was thrown; it was not more than half an hour after he had last seen the prisoner, before the rock was thrown; the rock knocked the deceased down; it hit him over the eye, and he got up and said, “Oh Lord!”--and as he was getting up more rocks were thrown; prisoner had said when he was cursing witness, that he would whip him or die. Witness had been threatening to whip Speaks; he went next morning to where the deceased had been knocked down, and got the deceased's hat, and found a rock beside it.
James Pratt, a witness for the State, testified that the prisoner and Thos. Redman had had a fuss at the election ground that day, and he, the deceased, Thomas Redman, and Lee Shoemaker, were returning together from the election ground; the prisoner came up behind them cursing--said he could whip any man in the crowd. He swore “he would whip Redman that night or die.” Redman said he wouldn't. About that time, Jasper Smith came up, and said, “Is there anybody that wants to fight?” witness said, “No, or there would have been a fight before now.” Smith jumped off his mule and made at prisoner, who ran, and it was only a few minutes after prisoner ran off, before the rock was thrown. There were four rocks thrown altogether, and he could have touched all the parties when the rock was thrown. He heard a noise, and went out in that direction, and saw the bulk of a man, about twenty steps off, running, but could not tell who it was. He saw the rock next morning; it was broken into two pieces, and would weigh two or three pounds. Mason died in five days after he was struck. He also testified that the prisoner was five feet five inches high, and Thomas Redman much higher and stouter. That he heard a pistol fire in the direction of the lane, before the difficulty, and heard the rock strike Mason. Lee Shoemaker, examined by the State, testified that a little after sun-down, he left the election ground; that he, Redman, Pratt, and deceased being together, saw a man sitting on a log; he went up to him, and found it was the prisoner. He said the crowd was against him. A quarrel commenced between him and Redman, and he saw the prisoner pick up a piece of rock. Witness and deceased went on, and were soon joined by Redman and Pratt, and Mason was knocked down by something, and said, “Oh, Lord.” About that time he heard the second rock, or something, hit a limb over his head, and that neither he, Redman nor Pratt threw the rock.
Jasper Smith testified, that he did not throw the rock at deceased; that he heard the parties quarreling--went to them, saw deceased, Jim Pratt, and Thomas Redman. Redman had off his coat, was talking loud and abusing the prisoner. Witness said, “Boys, if you are going to fight, why don't you do it?” Prisoner was eight or ten steps up the road. Witness said, “Are three of you afraid of one man?” Redman said “he won't fight, every time we go to him he runs.” Witness went towards prisoner, and he ran, and witness left in a few minutes.
G. W. Holler, witness for the State, testified that he saw the prisoner the next morning after the difficulty, and he said if Mason was knocked down, he reckoned it was a mistake in throwing the rock. A day or two afterwards, he was at the house of witness, and said that he was accused of throwing the rock, but was innocent. Witness said to him, “If I was guilty, I would take one of those horses and leave,” but he made light of it, and said, “he would come out of it for twenty dollars.”
One Mayberry, another witness for the State, testified that he had prisoner in his custody, and he slipped off, and he never saw him again until here in Court. It was thick dusk when he got home from the election ground; saw the prisoner in the road; he appeared to be drinking, and was staggering about; that he heard the quarreling up the road, but heard a pistol fire as he was leaving the election ground. When he put up his horse, he could distinguish the bulk of a horse twenty-five yards, but could not have told a man twenty-five yards. He went to the place where deceased was knocked down next day, and saw some scattering rocks.
Dr. White was then examined for the State, and testified that he was a practicising physician; had been practicing for twenty months; had attended one course of lectures, and had practiced in surgery, and had sufficient learning to form an opinion upon the branches of his profession, but that he had not been examined by the State Board of Medical Examiners. The prisoner objected to his testimony, on the ground he had never been examined by the Board. The objection was overruled, and the prisoner excepted. The witness then testified that he had been called to see the deceased on the Thursday after he was knocked down on the Tuesday previous. He examined the wound, which was over the left eye. It was a compound fracture of the frontal bone, and the wound caused the death of the deceased. The deceased was not rational from the time he saw him.
Mason, the father of the deceased, was next examined in behalf of the State, who stated that he saw the deceased the next morning after he was hurt, lying by the roadside on the mountain, about 11 o'clock. He was unable to get up, but was in his right mind. He said he was going to die; that Allison Speaks had thrown a rock at Thomas Redman, and hit him; he saw Allison when he threw. Allison and he had never had a word; that he, Thomas Redman, Jim Pratt, and Lee Shoemaker, were standing together; he saw a man squatting in the fence corner; that he stooped down, and was looking at him through the “element” light when he was knocked down, and it was Allison Speaks.
Elihu Speaks testified, on the part of the State, that he heard the prisoner say, after the difficulty, that he had to leave the road, he could not fight the crowd. Witness asked him who threw the rock, and he said he did not know, but it did not hit the man it was thrown at.
Adly Hardin was examined for the defense, and testified that the deceased came to his house after dark, on the night he was hurt. Witness asked him who did it, and he said he did'nt know.
Several witnesses for the defence, testified that they saw the deceased two or three times after he was hurt, and they did'nt think he had any sense.
The prisoner was then examined in his own behalf; gave a long account of the quarreling between himself and Redman--said he had been drinking off and on all day, but recollected what occurred; he did not know anything about deceased being knocked down, and made a general denial of those parts of the conversation with him, as testified to by the State's witnesses, which were prejudicial to him.
Mrs. Mayberry, a witness for the prisoner, testified that after her husband came from the election, she heard the fuss, and went up to the stable where he was--heard the quarreling--“heard some one accuse another of stealing--reply-- damned lie--some one said that won't do--heard two licks--went to the house-- there was a crowd at the house, counting the votes.” On cross-examination, she said she was not certain she heard any licks, but they sounded like licks. On redirect-examination, she was asked if she had made the same statement to anybody else, that she had testified to here? The Solictor objected, and stated he had not, and did not intend to impeach her. The Court overruled the objection, and permitted the witness to answer the question, and she replied that immediately after the occurrence, she had told her husband the same thing, and she went on to state, that she had told her husband that she thought some one was killed, but this latter part of her statement was held to be unimportant, and was excluded, but the Court admitted the rest. The prisoner's counsel excepted to this ruling.
The prisoner's counsel asked the following written instructions:
1st. The killing of the deceased not being admitted in this case, it is necessary for the jury to be...
To continue reading
Request your trial
-
State v. Steele
...87 N.C. 483; State v. Suggs, 89 N.C. 527; State v. Sheets, 89 N.C. 543; State v. Lewis, 93 N.C. 581; State v. Powell, 94 N.C. 965; State v. Speaks, 94 N.C. 865; Holly Holly, 94 N.C. 96; State v. Powell, 106 N.C. 635, 11 S.E. 191; Hudson v. Jordan, 108 N.C. 10, 12 S.E. 1029; Byrd v. Hudson, ......
-
State v. Stewart
... ... of the witnesses. The instruction for this reason, if for no ... other, was properly declined ... [127 S.E. 264.] ... ... State v. Rash, 34 N.C. 382, 55 Am. Dec. 420; ... State v. Murph, 60 N.C. 129; State v ... Anderson, 92 N.C. 733; State v. Speaks, 94 N.C ... Exceptions ... to the remaining prayers are so clearly without merit as to ... require no discussion. Assuredly the judge would not have ... been justified in telling to the jury there was no evidence ... tending to prove the guilt of Elmer Stewart; and so much ... ...
-
State v. Lewis
...to secure a jury, and, if there was, it could not, in the absence of fraud or corruption, affect the rights of defendant. State v. Speaks, 94 N. C. 865; State v. Hensley, 94 N. C. 1021; State v. Whltson, 111 N. C. 695, 16 S. E. 332; State v. Brogden, 111 N. C. 656, 16 S. E. 170; State v. Wh......
-
State v. Nolen
...sheriff, or some irregularity in making out the list.'" State v. Dixon, 215 N.C. 438, 440, 2 S.E.2d 371, 372 (1939) (quoting State v. Speaks, 94 N.C. 865, 873 (1886)). Defendant maintains that the actions of the Bladen County Sheriff and his deputies were improper under N.C. Gen.Stat. § 9-1......