State v. Williams

• Decision Date: 05 June 1925
• Docket Number: No. 26054.,26054.
• Citation: 274 S.W. 427
• Parties: STATE v. WELLIAMS.
• Court: Missouri Supreme Court

274 S.W. 427

STATE v. WELLIAMS.

No. 26054.

Supreme Court of Missouri, Division No. 2.

June 5, 1925.

Rehearing Denied June 16, 1925.

Appeal from St. Louis Circuit Court; A. F. Ittner, Judge.

Leon Williams was convicted of murder in the first degree, and he appeals. Affirmed.

John R. Davis and Paul A. Richards, both of St. Louis, for appellant.

Robert W. Otto, Atty. Gen., and Wm. L. Vandeventer, Asst. Atty. Gen., for the State.

WALKER, P. J.

At the December term, 1923, of the circuit court of the city of St. Louis, the appellant and several other negroes were jointly indicted for the murder of a white man, named Harry Leonard. A severance was granted, and the appellant was separately tried in June, 1924, convicted of murder in the first degree, and his punishment assessed at death.

On December 30, 1923, the deceased and his wife kept a soft drink parlor on the corner of Randolph and Twenty-Second streets in the city of St. Louis. The room where the business was conducted was on the ground floor of a building, the entrance to which was on Randolph street. A bar, such as was formerly used in saloons, extended along the room from the south to the north. The room was divided by swinging doors. In the portion of the room north of these doors and parallel with the bar was a cigar case, directly in the rear of which was a large safe which stood against the west wall of the building. The deceased and his wife had conducted the business named at the place stated for about three years. The section was inhabited almost exclusively by negroes, who were the principal patrons of the place.

About 11:30 p. m. on Sunday night, December 30, 1923, a negro man entered the business place of the deceased and ordered and drank a glass of root beer, which was served to him by the deceased. About the same time another negro entered and bought a package of cigarettes. These two left the room separately soon thereafter. Immediately after they left the room, the wife of the deceased went behind the bar and began to wash her hands. While she was thus engaged, three negroes rushed into the room and ordered those present to "stick 'em up." Every one obeyed the order, except the deceased, who, when the men rushed into the room, instead of putting up his hands when ordered so to do, walked the length of the bar, stooped down, and leaned on his left side against the safe. At this juncture two of the negroes ran out of the room, and the other leaned over the cigar counter and began to shoot at the deceased, who was then almost down on the floor at the base of the safe. After firing several shots, this negro left the room. The deceased was taken to a hospital, but dien soon after his arrival there. An autopsy disclosed that he had died from a hemorrhage resulting from a gunshot wound in the back.

The appellant was identified by the wife of the deceased as the man who did the shooting and that he was the negro who came in and bought the glass of root beer a short time before he shot the deceased. Her testimony in regard to the identification of the appellant as the man who killed her husband is thus succinctly stated by the counsel for the appellant:

"On Tuesday morning following the killing, Mrs. Leonard, the deceased's wife, visited the Eighth District Police Station and found four colored men in the custody of the police. One of them was identified by her as the colored man who had entered the room and purchased the root beer: She also identified him as the man who leaned over the cigar counter and did the shooting which resulted in her husband's death."

In addition, she testified that she "was very close to the appellant at the time and had a direct view of his face and could not be mistaken as to his identity."

On the morning of the identification of the appellant by Mrs. Leonard, he indicated that he desired to make a statement, and was told by the assistant circuit attorney and a police officer in whose charge he was at the time that whatever statement he made would probably be used against him. He was further asked if he had been threatened or intimidated in any way by police officers, and answered that he had not. A number of inquiries were made of him by the assistant circuit attorney prior to his confession, as follows:

"Have you in any way been abused, put under duress or fear; have you been promised immunity by the police or any one else; have you any hope of reward?"

In addition to his negative answers to each of these inquiries, he stated that in making a statement he simply wanted to tell the truth. He was then told to go ahead. Whereupon he made an oral statement which was reduced to writing in his presence, and after being read to and examined by him he said it was correct, and signed his name thereto in the presence of the police officers, the assistant circuit attorney, and two disinterested business men of St. Louis who were called in by the captain of the police or the assistant circuit attorney to listen to the appellant's statement and testify as to the circumstances under which it was made. This statement is as follows:

"My name is Leon Williams; colored; twenty-four years of age; born in Alabama; single; employed by the Municipal Asphalt Company, city of St. Louis. I reside at 2617 North Leffingwell avenue; and make the following statement of my own free will and accord, and without any promises on the part of Lieutenant James P. Gunn or Officers Douglas Chamblin or Walter Cliffe on the part of the police department:

"About 9 or 9:30 o'clock p. m. on December 30, 1923, I met Josh Cartwright, George Baker and a colored man named Reuben Bobbitts in the soft drink parlor and dance hall conducted by Joseph Walker at 2917 Chouteau avenue; and Josh Cartwright made the suggestion that we go out and get some money. We agreed, and I told him that I knew a saloon that kept open late at night and I thought the saloon keeper had some money. We got a car from a garage at the rear of Walker's parlor, and Cartwright drove us to Twenty-Second street and Randolph. I and Baker got out of the machine, and I walked east to Twenty-Second street to a soft drink parlor, where I entered and purchased a glass of root beer, and while I was drinking it Baker entered the place and purchased a package of cigarettes. Baker then left the place, and I drank the root beer and followed him. Our purpose in entering the place was to see if everything was clear, and while I was in the place Baker and I did not speak to each other, as we did not want the man behind the bar to know we were together. After Baker and I left the soft drink parlor, we walked back to the machine. Baker said: 'Everything is all right. Let's go and make it.' We then got our revolvers from the car and walked east to the soft drink parlor, and Bobbitts entered the place first, followed by Baker and me. We entered the swinging doors, and Bobbitts said: `Stick 'em up and keep quiet.' Bobbitts and myself each had a revolver in our hands, and as we entered the door Bobbitts cocked his revolver. The bartender was sitting behind the counter. There was also a woman standing in front of the parlor behind the bar. Bobbitts told the bartender to get up, and if he did not he would shoot him. The bartender then got up and started to walk slowly towards the front part of the parlor, and Bobbitts kept him covered with his gun. As the bartender was passing the woman, he stumbled, but he did not fall. Bobbitts and Baker then ran out of the parlor. Thinking that the bartender was reaching for a revolver, I fired one shot at him, and then I started towards the door. The bartender started to straighten up, and I thought that he had a revolver, and I ran back and leaned over the counter and fired two more shots at him. I then ran out of the front door and went west on Randolph street to the machine, which had just started off, and which was occupied by Baker and Cartwright and Bobbitts. I jumped on the lefthand side of the machine and opened the door and got into the car, and Cartwright drove west to Jefferson avenue, south to Chouteau, and west to Ohio avenue, and north to the alley and west in the alley to the garage in the rear of 2817 Chouteau avenue, where the car was put away. We then went to the rooms occupied by Walker in the rear of 2817 Chouteau and left our revolvers. Bobbitts and I then went to the dance hall in the front part of the building, and after a few minutes Walker, Cartwright, and Baker came to the dance hall. We then bought a half pint of whisky, which we drank. Baker and I then went to his home, where I remained until about 1 o'clock a. m. I left to get a street car, and I noticed some officers near Jefferson avenue, and I became frightened and returned to Baker's home, where I remained until 5 o'clock a. m., at which time I left and went to my home. The small blue steel revolver which is held by the police is the revolver which I used to do the shooting with. The large blue steel revolver which is held by the police is the revolver which Bobbitts carried during the holdup.

                                              "Leon Williams."
                

This confession was witnessed at the time by those present signing their names thereto. On the witness stand, the appellant denied that he made the confession. That he was arrested early Tuesday morning, January 1, 1924, and was taken to the Eighth district police station. At about 8:30 or 9 o'clock a. m. a policeman came and took him out of a cell and questioned him about the killing of Harry Leonard. That he told the officer he knew nothing about it. The latter put him back in the cell, and a short time thereafter took him out again, and upon his continued denial of any knowledge of the killing slugged him with a black-jack, knocked him through a glass door, and otherwise abused and maltreated him. That despite this treatment, he persisted in declaring his innocence. That the Sunday night when he is charged with having killed Leonard he...