State v. Williams

• Decision Date: 21 March 1923
• Docket Number: 209.
• Citation: 116 S.E. 570,185 N.C. 643
• Parties: STATE v. WILLIAMS ET AL.
• Court: North Carolina Supreme Court

116 S.E. 570

185 N.C. 643

STATE v. WILLIAMS ET AL.

No. 209.

Supreme Court of North Carolina

March 21, 1923

Appeal from Superior Court, Onslow County; Cranmer, Judge.

George Williams, Frank Dove, and Fred Dove were convicted of murder and they appeal. No error.

Peremptory challenges must be made in open court, and, in a prosecution for homicide, where counsel for the accused undertook to peremptorily challenge a juror without making it known in open court, so that other jurors would not be affected or prejudiced by the challenge, the action of the court in promptly stating that, if counsel would challenge the juror peremptorily, he must do it in open court, and it would be allowed, but if he did not make the challenge openly it would be disallowed, was proper.

This was a criminal indictment tried at the October term, 1922, of Onslow superior court. The three defendants, George Williams Frank Dove, and Fred Dove, were tried jointly for the murder of Cyrus Jones. Willie Hardison was tried first, and separately from the three defendants, for the same offense and was convicted of murder in the first degree. The three defendants in this cause were also convicted of murder in the first degree.

The evidence of the state was to the effect that Cyrus Jones, a mail carrier from Swansboro, who also operated an automobile for hire, was shot on the highway about a mile and one-half from the town of Swansboro, at or about 7 o'clock on the afternoon of August 5, 1922. After he was shot, he drove his automobile back to the home of a neighbor, John Midgett where he stopped, his wife, at the time, being away from home. Midgett answered his cries for help, and asked him what was the matter, to which he replied that he had been beaten to death, and there was no chance for him, and asked that he might be taken out of the car and into his home. Midgett then asked him who had beaten him, and his reply was, "Collins, Williams, and Doves." There was ample evidence to the effect that Willie Hardison was known in the community as Collins.

The news of the mysterious shooting of Jones was noised throughout the community, and his neighbors hastened to his bedside. He told those standing about to get the doctor; that there was no chance for him to live; and to different witnesses he stated that Collins, Williams, and Doves shot him in an effort to take his car. He languished from Saturday until the following Wednesday night, mostly in a subconscious state of mind, when he died of meningitis, caused by a gunshot wound inflicted in the left side of his head with a size 4 or 6 shot.

Hardison testified that some time prior to the 5th of August Jones, who operated an automobile for hire, had taken him and the three defendants to a place called Marines, some 10 or 12 miles away, to a dance; that Jones had an understanding with his passengers that they were to leave at 12 o'clock, and, failing to get them together at that time, he left them at Marines. Hardison said that the three defendants in this case told him that they intended to "get" Jones for leaving them at Marines, and on Friday night, before Jones was shot the following day, Hardison, the three defendants, Williams, Frank and Fred Dove, and one Clyde Sanders met at a tobacco barn, belonging to one Nash Bell, where Hardison was curing tobacco, and that they then and there agreed upon and planned the killing of Jones; that Hardison was to tell Jones the following morning that the three defendants wanted him (Jones) to take them to a place called Stella on Saturday afternoon, and that they were to meet at or near a colored church a little more than a mile from the town of Swansboro. It was agreed that the gun with which they were to kill him was to be hid in the woods, and a bush was to be thrown in the road so as to indicate to the defendants where the gun was concealed. When this point was reached, they were to stop Jones on the pretext that they had some whisky hid in the woods and wanted to get it.

Hardison said that he saw Jones on the morning of August 5th and made the arrangements, and it was agreed that he (Jones) would come by for them about 6 or 6:30 in the afternoon. The evidence of the state is to the effect that Jones passed the colored church about 6 o'clock in the afternoon, having with him, as a passenger, one Capt. Merritt, and that Hardison was standing in front of the church waiting for him. Hardison told Jones that they were ready. Later the three defendants came by the church where Hardison was, and told him that they would go on a road leading out from the main Swansboro road, referred to in the evidence as the Belt road, and would there wait for Hardison to come with Capt. Jones. Hardison said that Jones came by the church, took him in the automobile, and that they went out the road in the direction the three defendants in this action had gone; that the three defendants got in the car, and that when they reached a path that led to the place where Hardison stayed, he got out of the car, but he noticed, in a minute or so, that the car had stopped about 150 yards further up the road; that he went to the car and asked Capt. Jones where the defendants were, and that Jones told him they had gone into the bushes to get some whisky, so they said. Hardison says he went a short way into the bushes, and there he found the three defendants in a squatting position, and that Williams had the gun drawn on Jones, ready to shoot, and that they made him (Hardison) take the gun and fire the fatal shot, which, he says, he did. Hardison says they all went to Jones after he was shot, tried to stop his hollering, turned the car around, and started him back on the road towards Swansboro, and that they all then fled.

There was evidence on the part of the state that the tracks around the automobile indicated that several persons had been in and around the car. There was further evidence to the effect that the three defendants were seen coming out of Swansboro in the direction of the colored church, and that the defendants Doves were seen within 45 or 50 yards of the colored church about 6 o'clock, and that the defendant Williams was seen a little before this time coming out of Swansboro. There was some evidence to the effect that one of the Doves had stated during the week that he expected to be in New York the following week, and Williams had also stated to one of his companions at the sawmill that he did not any more mind killing a man than he would a snake.

It will be necessary to state some of the evidence a little more particularly so as to fairly and fully present one or two serious questions in the case, which we will now proceed to do.

Dr. J. P. Henderson, witness for the state, testified:

"Am a practicing physician at Swansboro. Practiced since June, 1915. Knew Cyrus Jones. Called to see him the evening of August 5th this year. Arrived about 8 o'clock. He was at the home of Mr. Midgett, a nextdoor neighbor, in bed. His condition was what I would term shock. His pulse was very rapid. His extremities were beginning to get cold. He showed evidence of a gunshot wound in the left temple region. His clothes very bloody. There was a penetration of the skull just in front of the left ear at this point (indicating) about the size of a dime. The bone was detached, but not broken away from the point of penetration. Gunshot had penetrated left side of head from upper portion of the neck to the top of the head. The shots entered at an angle of about 45 degrees--very little more than that. I can show you better than I can tell you; about like this (indicating). Entered so that penetration was upward. Larger number of shots seemed to have entered this part than any other place. It was the left temple region. Just about a quarter of an inch in front of upper insertion of left ear and above the zigmoid--that is the process of the temple bone, which meets the process of the maxillary bone outside of the skull. Found one bruise on left costal cartilage near junction of the cartilage with ninth rib; there was a small bruise about an inch and a half in length, as best I can remember. Another bruise just below that, smaller, about half the size of first. They were the only bruises, unless they were masked by these gunshot wounds. The wounds were on the left side. I believe he was conscious; partially conscious, I would say. Think he remained so about 30 minutes; did not regain consciousness afterwards that I know of. Died on the following Wednesday after shooting. Saw him after he was dead. Think he died of meningitis as result of gunshot wounds."

Cross-examination:

"From character of wound, the probable position of person who fired the shot, with reference to the body, was opposite the left side of the man's head. Shots seems to have entered direct, going slightly up. Probed some of the shot wounds, but not the intercranial wound, one inside the skull. No powder stain on person that I noticed. Impossible to tell just how many shot struck him. A great many, though; not a few. At a place indicated shot seemed to have gone in a wad; others just single shot wounds. Outer table of skull was broken. Dr. Jones made an incision in the scalp just at base of posterior extremity of left parietal bone, the bone that makes up the vault of the skull on the left side. Found outer table penetrated. Did not ascertain whether shot entered brain at that point--probably they did. Large one of wounds or bruises on body, about inch and a half long, nearly inch wide; small one near inch square, about two and half inches apart. Skin what we term 'grazed'; bruised, but not broken enough to bleed--bruised in a scratchy way. Appeared to be some clothes on him when shot. Noticed no break of garment where bruises were. I said

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