State v. Willis

• Decision Date: 29 November 1898
• Citation: 71 Conn. 293,41 A. 820
• Court: Connecticut Supreme Court
• Parties: STATE v. WILLIS.

41 A. 820

71 Conn. 293

STATE

v. WILLIS.

Supreme Court of Errors of Connecticut.

Nov. 29, 1898.

Appeal from superior court Fairfield county; John M. Thayer, Judge.

Benjamin R. Willis was convicted of murder, and he appeals. Affirmed.

The appeal is in the nature of a motion for a new trial, for errors alleged in impaneling the jury and in the admission of evidence. The facts necessary for presenting these questions were found by the trial court (Thayer, J.).

The state offered testimony tending to prove the following facts, to wit: That on the evening of December 17, 1897, at about 6 o'clock, two men, wearing black masks, entered the dwelling house of David S. R. Lambert, in the town of Wilton; that, at the time they entered, the wife of Mr. Lambert was alone in the house, the family consisting only of Mr. and Mrs. Lambert; that the men entered the dining room, where Mrs. Lambert was, and one placed a black handbag, which he carried, on the floor, and stood with his back to the door, while the other said: "Where is the money? Don't say a word. Point that gun straight at her;" that the same one who spoke also asked her several other questions, spoke to her several times, and spoke to his companion in her hearing; that the men chloroformed, bound, and gagged her; that, when she came to, she found her husband lying on the floor, apparently lifeless; that the defendant had been an inmate of the household of said Lamberts, as a pupil in a school conducted by Mr. Lambert, between the years 1886 and 1890; that Mrs. Lambert had seen him and conversed with him on two occasions since 1890, and was familiar with his voice, and that she recognized the voice of the man who spoke to her as the voice of Benjamin R. Willis, the defendant; that Mr. Lambert when found, had six bullet wounds upon his body, and was unconscious; that he never regained consciousness, and died on December 22, 1807; that his death was caused by one of the bullet wounds; that three bullets were found in the body of Mr. Lambert, five in the walls and upon the floor of the dining room, and one in the bed where Mr. Lambert was placed shortly after his discovery; that the house was ransacked, and various articles of personal property were taken from the premises or person of Mr. Lambert (among them, a gold watch, with chain attached), and that a gold watch and chain which were produced in court by the state were the ones taken; that Mr. Lambert went to Norwalk at about 1 o'clock of that day with his horse and square-box wagon; that, at about 4:40 o'clock that afternoon, Willis, the defendant, and a companion, identified as one Brockhaus, got on a tramway car at South Norwalk, and went to Winnepauk, the terminus of the road, which is about three miles from the Lambert house, arriving at Winnepauk about 5:05 o'clock; that one of them had a small, black handbag at the time; that, after the entry of the Lambert premises, two men were seen, with the team belonging to Mr. Lambert, going from Wilton towards South Norwalk; that one was driving, and this person was the defendant; that the horse and wagon were found abandoned near the depot at South Norwalk about half past 8 that evening, after the departure of the 7:55 o'clock train for New York; that a black mask was in the wagon at the time it was thus found, and that the axle of the wagon had wound about it a piece of wire, attached to a post, and that both the post and the wire were part of a fence around the Lambert yard, which was torn down on the night in question; that the defendant and another man, identified as Brockhaus, boarded the 7:55 o'clock train at South Norwalk on the same evening, and rode to New York.

After introducting this testimony the state offered in evidence a statement made by the defendant to a Mr. Diehl, superintendent of rinkerton's Detective Agency in New York, in the presence of Sidney E. Hawley, sheriff of Fairfield county, and John W. Rumsey, a stenographer in the employ of said agency, who took down the statement. Said statement contained a detailed account of planning the Lambert robbery with one Max Brockhaus; of going with Brockhaus to South Norwalk on the morning of the murder; of going to the Lambert house; of chloroforming and binding Mrs. Lambert; of the arrival of Mr. Lambert, and his murder; of ransacking the house, and taking the contents of Lambert's pockets, including the gold watch and chain; of their escape with Lambert's horse and wagon to South Norwalk, and then to New York; and of their wanderings since the murder, up to the time of his arrest in Columbus, Ohio. The details of what took place at South Norwalk and at Lambert's house corresponded in all essential particulars with the facts as proved by the state upon the trial. Before offering this confession in evidence, the state had proved that, at the time it was made, no threats, promises, or inducements were made or held out to induce the defendant to make the statement, and that before he made it he was cautioned by Mr. Diehl that any statement which he might make might be used against him. The defendant's counsel objected to the admission of said statement, upon the ground that the same was made by the defendant while under arrest for the crime for which he was on trial, and because certain promises and inducements were made and held out to him, and threats made to him, by Pinkerton agents and detectives, before his arrival in New York, while at Columbus, Ohio, where he was apprehended before indictment, and en route from Columbus to New York; and requested that the state be required to produce the detective, to testify as to what was said, and that the accused be called to testify. The state was unable to produce the detective, without delaying the trial for several days.

The jury having retired to the jury room, by direction of the court, made at the request of counsel for the defendant, said counsel, with the consent of the attorney for the state, was permitted to read a statement of what occurred after the apprehension of the accused and his arrival in New York, upon which counsel based their said objection. Said statement had been prepared by the accused for his counsel, and was read as a statement of what the accused and the detective named would testify to, if placed upon the witness stand. Said statement was as follows: "I was taken downstairs (this was hi Columbus), and locked up for about an hour, and was taken upstairs again, to the chiefs private room. There were present the chief of police, the Pinkerton Agency superintendent, and another man. The superintendent said, 'You don't know me, do you?' I said, 'No, sir.' 'Well, I am Superintendent Wing, of Pinkerton.' The superintendent asked me, 'What is your name?' He says. 'Well, you are arrested for the murder of David S. R. Lambert, of Wilton, Connecticut' I don't know anything about It, sir.' I was then locked up until after lunch, when I was again brought before the chief and superintendent, in their private rooms. The superintendent opened the conversation: 'Now, there is no use in denying it, for there is your picture.' I said: 'Yes, sir; that is my name, —B. Willis.' 'I knew it,' said the superintendent. 'Do you know Brockhaus was caught in Chicago?* 'No, sir.' 'Well, he was arrested Tuesday. Here is a piece from the paper. Do you wish to see it?' I do not remember what it said. 'Now, Ben,' said the superintendent, 'if you tell the chief and myself the whole thing,—how it was done,—it will make it a good deal easier for you.' The superintendent said, 'It is right. It will make it go easier, if you tell the whole thing.' I said, I don't know anything about it, sir.' I was then taken downstairs by the chief. On the way down, he said, 'Which one of you did the shooting?' I said, T know nothing about it.' I can't say how long I was locked up, but I felt so bad about being arrested. Kotch came down to ask me if I would go to New York. They called up the Penn. R. R., and found a train left there for New York at 8:10 p. m. I was then taken into another room, stripped and searched, then locked up until 7 p. m., when Kotch or Couch came down, and took me upstairs, where Couch drew an agreement for me to sign. It read something like this: T, the undersigned, Benjamin Willis, am willing to go from here (Columbus, Ohio) to New York.' Then I sat on the inside of the seat, and he (the detective) on the outside. I was crying, to think how this would break my mother's heart, when Kotch said to me: 'Don't be down in the mouth, Ben, as you have a good chance yet to get out of this. Brockhaus has already thrown up his guts in Chicago, and then the ticket agent at South Norwalk recognized his picture as the fellow who bought tickets there on the 17th of December for Harlem river; but they were not sure of you. Don't you see the point? There is only Mrs. Lambert says she can recognize your voice. Now, if you turn state's evidence, and put it on him, you can save yourself. That is the reason I am rushing on to New York, so that Brockhaus won't get the chance to turn on you. I am going to take you to our office, downtown, where we both can take a bath; and, after a rest, you can tell the whole thing to the superintendent' I then asked him if he thought I could see my mother. He said, 'Yes; I will tend to that for you, and see that you get a clean collar.' I then asked him if I would have to go right up to Connecticut after I was through at their office. He said, T don't think you will have to, until Monday.' We were leaving Philadelphia, Pa., when we went back to the smoking car, and remained there until after we left Trenton. We then went to our seats again, to get our things together. He then said: 'Ben, you will find the superintendent a fine man; so don't tie to him, and he will see that everything comes out all right for you.' When we arrived in Jersey City, Sheriff Hawley, of Bridgeport, and Detective Wilkes, of New York, was waiting for me. They...