State v. Wallace

Decision Date07 May 1913
Citation78 S.E. 1,162 N.C. 622
PartiesSTATE et al. v. WALLACE et al.
CourtNorth Carolina Supreme Court

Appeal from Superior Court, Mecklenburg County; Webb, Judge.

Sam Wallace and Lula Wallace were indicted for the larceny of an express package containing $1,650 in money. A verdict in favor of defendant Lula Wallace was directed by the court and from a conviction of Sam Wallace, he appeals. Affirmed.

A letter written by a husband to his wife held not objectionable as a confidential communication, when produced by a third person, on the trial of the husband for larceny.

The state introduced evidence that a package containing $1,650 which was being shipped by the Southern Express Company from the Treasury Department at Washington, D. C., to the First National Bank of Shelby, N. C., was lost on the 27th day of May, 1912, in the city of Charlotte. This was what was called by Miss Martin, a witness for the state, who held a position in the Treasury Department at Washington, "fit money"--that is, money fit to go back into circulation--this witness testifying that on the 23d day of May, 1912, she approved a package of money, $1,650, fifty 20's and sixty-five 10's, the First National Bank notes of Shelby, this money having been once put in circulation and having gone back into the Treasury Department and rendered again fit for circulation. The witness testified that she placed this money in a particular kind of envelope and sealed it, the same kind of package which was introduced in evidence, and that the money in the package was of the same class and character of the bill introduced and marked "Exhibit A."

William Marsh testified that he was night money clerk; that his records show that he received a package containing $1,650 which was being shipped to the First National Bank of Shelby N. C.; that this package was the one that was lost; that he got the package from the express messenger on train No. 35 the train which came from Washington to Charlotte; that he received the package on Saturday night, May 25th, at 7:15 o'clock, when he turned it over to J. H. Massey, the day money clerk.

J. H. Massey, the day money clerk, testified that he remembered receiving the package from Marsh on the morning of May 27th, and that his records also show an entry of receipt of this package, which entry he made himself; Marsh took the packages from the safe that morning just before he turned them over to him; that he receipted for them and placed them in his safe, and about 9 or 10 o'clock Mr. E. W. Plexico, the transfer clerk, whose business it was to transfer the money to the Seaboard station, came, and he turned the packages over to Plexico; he gave it to Plexico, and Plexico took it and carried it towards his safe; that Plexico walked around the radiator to the door.

E. W. Plexico testified that he was transfer clerk; that he received a sealed package of money, $1,650, from Washington to the First National Bank of Shelby; that he was just inside of Mr. Massey's office when he received it; that when he got the packages he went to the safe with them and dropped the packages down into the safe; that Sam Wallace, the defendant, was standing behind him, waiting to get the packages to take them to the wagon; that he dropped the packages into the safe and then locked it and stepped inside the room; that after the safe was locked, which was a portable safe, Sam Wallace, the defendant, was told to get it, and defendant carried the safe to the wagon, and Van Grief drove the wagon to the Seaboard depot; that when the witness got to the Seaboard depot, the train from Rutherfordton came in; he opened the safe, took out the contents and put them in his book, and had the driver, Van Grief, to drive him across to the car; the defendant Sam Wallace was standing near the car door, and the witness stepped right out of the truck into the car door; that the witness then gave the messenger on the Seaboard train his book to sign for, and he found that the package of money was gone; that the witness looked in the car, went back to his safe, and also followed over the route to see if he had dropped it; he did not find it, and has never found it.

Mamie Crawford testified: That on the 8th day of August, 1912, she saw Sam Wallace at the house of a woman named Rose Chestnut, and asked Sam for a nickel for street car fare. That Sam Wallace gave her a $20 bill and told her to get it changed and she could have the nickel. That she took it to Beulah Carpenter, who was on her way up town, and asked her to get it changed. That Beulah came from up town and gave her the change, and then they took it up to the house where Sam Wallace was. Beulah went with her to where Sam Wallace was, and told Sam that she got the money changed up town at the express office. That the man questioned her about it and looked like he did not want to give her the change. Sam asked her what they said, and she said they asked her where she got this money. Sam said, "Why didn't you tell him that your husband give it to you?" That nothing more was said until some one said, "Here comes the expressman and the police," that Sam further cautioned her, "If they ask you where you got this money, tell them that your husband gave it to you." Beulah said, "I can't tell them that, because I haven't got no husband." Sam got up and went out of the room, and did not come back while witness was there.

Beulah Carpenter saw the witness Mamie Crawford, on the 8th day of August, 1912, receive the $20 bill which she had changed at the Southern Express office. This was the bill which was identified by John W. Hatley as the bill that he changed. The witness said that the man at the express office asked her where she got the bill, and she told him that a man gave it to her. She also testified that she "came about getting into trouble about it," and Sam asked her why she did not say that her husband gave it to her; that two men came down the railroad; and that Sam went out the door, and afterwards she did not see him until the trial at the recorder's court.

Beulah Pressly testified that she was at the same place, and corroborated Beulah as to what Sam said, and further stated that some one said, "The police is coming," and Sam went out the door.

William Young testified that he was at Rose Chestnut's house on the same day that Sam was there; that a girl asked Sam for a nickel; that he went out on the porch and took the money out and went in the house; that there were three $20 bills; he took one of them off and gave it to the girl; that he (the witness) was in the yard when the girl got back with the change; he saw Sam leaving the house, going a trot; that at that time the policeman was coming in at the back.

Tom Brown, a colored porter who is running on the Southern Railroad, about August 1, 1912, said: That Sam Wallace got on the train at Griffiths, about four miles from Charlotte, at 6:40 or 6:50 in the morning. This was the time that Sam left Charlotte. That he went through Chester to Cornwallis.

John W. Hatley said that Beulah Carpenter brought a $20 bank note issued by the First National Bank of Shelby to the express office to get it changed; that he took the number and asked where she got it;he gave her the change for it and turned it over to the cashier.

There was evidence that Lula Wallace, wife of Sam Wallace, paid W. C. McDonald, furniture collector, about June 11, 1912, a $20 bill when he went to collect $1.

There was evidence that on July 23, 1912, Lula Wallace gave Mrs. W. B. Moore a $20 bill in payment of a bill for $4.98.

There was evidence that the defendant Sam Wallace had a $20 bill on an excursion which went to Mooresville, about the 26th of June.

There was evidence that he defendant was arrested twice prior to his arrest in September; that he was arrested once or twice after the excursion to Mooresville; that the witness Johnson talked to Sam about the money business, and he denied having but "75 cents to his name." After he had been arrested in October and asked to account for the $20 bill which he gave Mamie Crawford, he stated that he got this bill on an excursion train to Mooresville.

There was evidence that the defendant had three front...

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1 cases
  • Loeb v. State
    • United States
    • Mississippi Supreme Court
    • December 31, 1923
    ...A. 225; State v. Flynn, 36 N.H. 64. North Carolina: State v. Campbell (1910), 110 S.E. 86; State v. Simmons (1922), 110 S.E. 591; State v. Wallace, 78 S.E. 1. New York: People v. Diamond (1922), 233 N.Y. 130, 135 N.E. 200; People v. Christmann (1921), 191 N. Y.S. 704; In re Holcomb (1921), ......

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