State v. Warren

• Citation: 41 Or. 348,69 P. 679
• Parties: STATE v. WARREN.
• Decision Date: 28 July 1902
• Court: Oregon Supreme Court

69 P. 679

41 Or. 348

STATE v. WARREN.

Supreme Court of Oregon

July 28, 1902

Appeal from circuit court, Multnomah county; M.C. George, Judge.

James L. Warren was convicted of murder, and he appeals. Affirmed.

The defendant was convicted of murder in the second degree upon an information charging him with murder in the first, and appeals from a judgment of life imprisonment. On the morning of January 24, 1900, shortly after 9 o'clock, William Kirk, the mate of the ship Clarence S. Bement, was found in his room, situated on the port side of the ship, with a contusion upon the left side of his head, and his skull fractured. The wound had been produced by some heavy instrument having a slight projection or flange on the end making a T-shaped external cut or laceration, extending through the skull, and the left eyeball being dislodged from its socket. When found he was in his berth, occupying the end of the room opposite the door, lying on his back, with the covering drawn over his breast. His face and beard were covered and matted with blood, and blood was found upon garments which had apparently been used for stanching the flow, and upon the wall about two feet above a lounge setting against it at right angels to the berth, and upon the lounge where there was a clot or coagulum in a depression about eight by two and a half to three inches and an inch in depth of such consistency that it could be lifted with the hands and elsewhere about the room. The mate was in a semiconscious state but showed some indications of intelligence. When irritated or aroused he would say, "Go away," "I don't want you," or something of that nature; and when being removed from his berth he requested that his trousers, which had not been removed, be secured and, when placed in the patrol wagon, inquired where they were taking him. There were some indications that the blow had been struck while he was sitting on the lounge, as blood was spattered upon the wall about the height of a man's head while sitting; and in the opinion of Dr. Wheeler, who first attended him, he was unable thereafter to get into his berth or bunk of his own volition. He was taken to the hospital, and died at 8:30 o'clock in the evening. The defendant was an old acquaintance of the deceased, of 10 years' standing, and evidently knew when the ship was due, as he was at the wharf on her arrival, Friday, January 19th. He met the mate at once when he came off, and from that time until last seen together their relations were cordial and intimate. John J. Byrne, an important witness in the case for the prosecution, testified, among other things, that he was employed as a night watchman on the ship, and went aboard shortly before 6 o'clock Saturday evening, when he saw the mate and Warren and three sailors, Ericksen, Olsen, and a little fellow called Antone; that the mate and Warren were in the mate's room when he reported for duty; that they went ashore later, and came back about 12 o'clock, both occupying the mate's room the remainder of the night; that on Sunday evening, about a quarter of six o'clock, when he reported to the mate, Warren was in the room with him; that they seemed to be having a sociable time; had a box of cigars, a bottle of whisky, and glasses on the desk or table beside them; that the mate said he was going to the theater, and he and Warren went off the boat about half past 7 o'clock, but returned again at 12, both apparently sober; that they chatted in the mate's room until probably 2 o'clock in the morning, when the lights were turned down; that he called the mate the next morning, and received an answer, before going off the ship; that he went aboard Monday evening again at the usual hour; saw the mate in his room, and Warren in the forecastle, drying his clothing, he having had some difficulty with the men on board; that later he went aft to the mate's room, and in a few minutes went ashore, and did not return again that night; that on Tuesday evening, when he went aboard, at 6 o'clock, or a little before, he reported to the mate in his room, and found both he and Warren there; that they seemed to be having a sociable time; had cigars, whisky, and glasses on the sideboard, as usual; that the sailors were in the forecastle, getting ready to go ashore, and the second mate and carpenter were also on board; that these latter went ashore about 7, but before going the carpenter stepped into the mate's room, and, when he returned, exhibited some money which the mate had given him; that the second mate previously told the deceased that he would send down a bottle of whisky, and a little later one of the men (either Ericksen or Olsen, probably Olsen) met witness on the gang plank and handed him a bottle, which he took to the mate's room, and found both Warren and the mate inside; that at the time there was no one on board except the mate, Warren, and witness; that Olsen, Ericksen, and Antone had gone ashore; that, after passing the bottle in, witness went forward on the starboard side, but subsequently passed around to the other side of the deck, when Warren came and crossed over, and, upon meeting him, inquired if he had brought the Evening Telegram, and, on being informed that he had not, replied, "Never mind," and went to the cabin. This was about half-past 7. That witness stood on the hatch for quite a while, looking towards shore; that about 8 o'clock Warren came forward and met him on the deck; that Ericksen had returned to the ship in the meantime, and had gone to the forecastle to get some money, and witness was watching to see him come down from there, and, as he met witness, Warren walked up on the other side. Ericksen stepping ashore as Warren approached, who said the old man had gone to sleep, and he was going ashore a little ways, but that he would be back in a little while,--a few minutes,--and went ashore, and that witness did not see him again that night; that, after Warren left, witness went about his duties as night watchman; that about 10 o'clock he came down from the aft deck, and thought he heard some one moving in the mate's room, and looked or glanced through one of the two portholes opening into the room nearest amidship, and saw the mate with his back to witness (the upper part of his body), resting his left hand on a desk, and leaning over as if reaching down to adjust the stove (a coal-oil lamp used for heating the room, setting on the floor), or for something else lower down. The portholes were above the lounge, looking forward on shipboard, and at the time were partly open,--nearly halfway. That about 11 o'clock witness passed back by the room again, being attracted by the mate's "groaning rather heavily," it being a habit of his to groan in his sleep; that he looked through the porthole and saw the mate lying on the lounge,--his left foot,--but could not say whether he had his shoes on or not,--if not, he had on black stockings,--and that he had his trousers on; that witness passed around to his door and knocked, and, receiving no answer, knocked again, when he groaned out something like "Who's there?" that witness told him, and inquired if anything was the matter, and he groaned again "No," or "All right,"--something like that; that witness then asked if he could get him a cup of coffee, and he said something in a muffled tone,--"Never mind;" "It will be all right;" something like that; that when he was asleep he always woke up that way; that about 10 o'clock a Frenchman called Lhosten John came aboard, and went into the forecastle; that others of the sailors came aboard about midnight, who went to the forecastle also; that before leaving the ship on Wednesday morning, about 6, the witness helped the second mate and the carpenter aboard, who had been drinking heavily; that before going off he rapped on the mate's door, having had to rap the third time, and finally received a response, "All right;" that that was all he said any morning, except the first, when he asked witness if he had aroused the boys. The second mate, in the presence of Rosenstine and Wolfe, his half-brother, opened the door with a key he had on his person, and found the mate at the time and in the condition above described. There was other evidence adduced to show that the mate had appointed Warren boatswain on Monday; that he served for a while, when he had trouble with the men, and the mate relieved him from duty for a time, until they became reconciled; that Warren had very little, if any, money; that on the next morning after he left the boat he purchased a first-class ticket to San Francisco, paying $25 therefor, and departed for that place on the Overland at 8 o'clock; that he saw an account of the murder in the San Francisco papers, and was asked about it by a ship's captain to whom he applied for a position; that he then borrowed $60 of his cousin, and purchased a ticket to St. Louis; that he was arrested in June following in Atlanta, Ga., and at the time was going under the assumed name...