State v. Williams
| Decision Date | 30 June 1860 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. ROBERT T. WILLIAMS. |
Where a female suddenly disappeared from the neighborhood where she lived, and the hypothesis was that she had been murdered, and her body consumed by fire, certain metalic articles of a female dress having been found among the ashes, where a large quantity of wood had been burned, it was Held to be competent for the purpose of showing her identity, to show that the deceased had worn such things previously to her disappearance, and that the length of time elapsing between the period of her wearing such articles, and of her disappearance, though it would proportionally weaken the force of such testimony, yet, could not destroy its competency.
The rule which seems at one time to have prevailed in England “that upon charges of homicide, the accused shall not be convicted unless the death be first distinctly proved, either by direct evidence of the fact, or by inspection of the body,” Held not to be of universal application, but that where the identity of the body is completely destroyed by fire or other means, the corpus delicti, as well as other parts of the case, may be proved by presumptive or circumstantial evidence.
It was Held sufficient, in a bill of indictment, for murder, to charge that it was done “in some way and manner, and by some means, instruments and weapons to the jury unknown.”
INDICTMENT for MURDER, tried before BAILEY, J., at the last Spring Term of Rockingham Superior Court.
The indictment is as follows:
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¦“State of North Carolina,¦)¦Superior Court of Law,¦
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¦Rockingham County, ¦)¦Spring Term, 1860. ¦
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The jurors for the State, upon their oath present, that Robert T. Williams and Murray L. Williams, late of the county of Rockingham, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the first day of December, in the year of our Lord one thousand eight hundred and fifty-nine, with force and arms, in the county aforesaid, in and upon one Peggy Hilton, alias Peggy Isly, in the peace of God and the State, then and there being, feloniously, wilfully, and of their malice aforethought, did make an assault, and in some way and manner, and by some means, instruments and weapons to the jurors unknown, did then and there feloniously, wilfully and of their malice aforethought, deprive her, the said Peggy Hilton, alias Peggy Isly, of life, so that the said Peggy Hilton, alias Peggy Isly, then and there instantly died.
And so, the jurors aforesaid, on their oath aforesaid, do say that the said Robert T. Williams and Murray L. Williams, her the said Peggy Hilton, alias Peggy Isly, in the manner, and by the means aforesaid, to the jurors aforesaid unknown, then and there feloniously, wilfully, and of their malice aforethought, did kill and murder against the peace and dignity of the State.
T. SETTLE, Sol.”
The defendant, Robert T. Williams, was alone put on his trial.
William Isly married the mother of the deceased, and it was in proof that the latter lived with them within half a mile of the defendant's house.
There was evidence tending to show that Robert Williams, the defendant, had criminal intercourse with Peggy Isly for a year or two. The deceased left the house of her step-father on Thursday night the first of December, 1859, about ten o'clock, and took with her one calico frock, two petticoats and a piece of cloth, all of which were wrapped in her apron.--She has not since been seen.
The prisoner was one of the special court of Rockingham, and was one holding the court on that Thursday, and left the village of Wentworth after night, between seven and eight o'clock.
Several days after Peggy Isly's disappearance, the neighbors collected together for the purpose of making some search for her. On Sunday 11th of December, they examined about Troublesome creek, which flows through the prisoner's land. About six hundred yards from defendant's house, on a private place, near the creek, they discovered where a “log heap” had been burned. The fire was not out, but a few of the logs or parts of the logs were still burning. A search was made among the ashes, and a good many fragments of bones were found. Some of these were shown to the prisoner, but he denied knowing any thing about them. Most of these bones were found in the centre of the log-heap. They also found a substance in the ashes that was slick like tallow.
There was evidence that the prisoner was informed that another search was intended, and on the next day a good many persons went to the place where the log pile had been, and found the burnt place dug up. This had been done by a son and a slave, belonging to the prisoner, by his direction.
Standing near the place of the log pile, and near the creek was a hollow beach tree, which on Monday, the 12th of that month, was on fire.
On the 23rd of January, 1860, the coroner of the county, with many persons, went to the creek, with the purpose of making a further search and holding an inquest. The prisoner alleged that the place of the log pile was intended for a plant-bed; that it had been prepared for that purpose, and that after the 11th and 12th of December, it had been enlarged, and in doing so, the beach tree had been burnt down. A search was made in the stump of this tree, and in it was found a black substance, which the witnesses called bones. The creek was dragged and they found bones, three hair-pins, three common pins, one button, one eye of a hook and eye and a grain of wheat, also a black substance and fire coals, similar to what was found in the place of the burnt log-pile. Most of the articles found in these several researches were preserved by the coroner and produced in Court.
Four physicians and one dentist were examined, who stated that among the bones, they recognised part of a human scull and part of the cheek bone of a human being. The dentist deposed to the identity of human teeth among the bones exhibited.
It was further in evidence, that the prisoner said “he had no doubt of the death of Peggy Isly, and that the bones found in the creek were hers; that her step-father or some of his boys had knocked her in the head and thrown her body on the log-pile, and he did not blame Isly for trying to get his head out of the halter by putting others in.”
It was further in evidence, that Peggy Isly was in the habit of wearing hair-pins. Two witnesses were examined as to this--one stated that she commonly wore hair-pins, but she could not state that she had worn them shortly before she left, or when she left. The other stated that she was in the habit of wearing hair-pins some two or three years before her disappearance. This testimony was objected to, and being admitted, defendant's counsel excepted.
It was further in evidence, that it was not usual to burn plant-beds for tobacco, as early as the 10th of December, nor was it usual to prepare the ground and burn it in the way the prisoner had at this log pile; that it was usual to burn with skids, and not before January or February; that the prisoner himself was particular in preparing his ground and used skids. This testimony was excepted to.
It was further in evidence, that the Monday before Peggy Isly was missing, she got from the witness fourteen common pins, seven of which were large and the others small ones.
It was further in evidence, that the prisoner was courting a young a lady in the neighborhood, and that some six weeks before the christmas of 1859, she asked him if he had been to see Peggy Isly, to which he replied, he never had been to see her, and never intended to court her.
James Jones testified, that in a conversation with the prisoner, he said he expected under the gallows, to confess every crime he was guilty of; that it was probable he would confess sooner, but this one crime, he never would divulge.
The Court was requested to instruct the jury, that there was no evidence, in the case, identifying the bones and pins found, as being part of the bones and apparel of the deceased. The Court declined to give this instruction, but on the contrary, told the jury that there was evidence, that the bones and pins found, were a part of the body and dress of the deceased. Defendant's counsel excepted.
The Court further instructed the jury, that the testimony being circumstantial, ought...
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