Tyler v. People

• Court: Michigan Supreme Court
• Writing for the Court: Campbell, J.:
• Citation: Tyler v. People, 7 Mich. 161 (Mich. 1859)
• Decision Date: 14 October 1859
• Parties: The People v. William Tyler

7 Mich. 161

The People v. William Tyler

Supreme Court of Michigan

October 14, 1859

Heard June 1, 1859; June 2, 1859; June 3, 1859; June 4, 1859 [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]

Case reserved from St. Clair circuit.

On the fourth day of February, 1859, defendant was indicted in the circuit court for the county of St. Clair for murder. The indictment charged that Tyler, on the twenty-ninth day of November, 1858, "with force and arms, on navigable waters without the limits of the state, in and on board the brig Concord then and there being in the river St. Clair, without the limits of the state of Michigan, in and upon one Henry Jones in the peace of God then and there being, feloniously, willfully, and of his malice aforethought, did make and assault, and that the said William Tyler a certain pistol of the value of two dollars then and there charged with gunpowder and one leaden bullet, which said pistol he, the said William Tyler, in his right hand then and there had and held, then and there feloniously, willfully, and of his malice aforethought, did discharge and shoot off, to, against and upon the said Henry Jones, and that the said William Tyler, with the leaden bullet aforesaid, out of the pistol aforesaid, then and there, by force of the gunpowder aforesaid, by the said William Tyler discharged and shot off as aforesaid, then and there feloniously, willfully, and of his malice aforethought, did strike, penetrate and wound him, the said Henry Jones, in and upon the left side of the head of him, the said Henry Jones, giving to him, the said Henry Jones, then and there, with the leaden bullet aforesaid so as aforesaid discharged and shot out of the pistol aforesaid, by the said William Tyler, in and upon the left side of the head of him, the said Henry Jones, one mortal wound, of the depth of four inches, and of the breadth of half an inch, of which said mortal wound the said Henry Jones, from the said twenty-ninth day of November, in the year aforesaid, until the thirtieth day of November, as well on the navigable waters aforesaid, as in the city of Port Huron, in the county of St. Clair, in the state of Michigan, did languish, and languishing did live, on which said thirtieth day of November, in the year aforesaid, the said Henry Jones, in the said city of Port Huron, in the said county of St. Clair, in the state of Michigan aforesaid, of the said mortal wound died; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said William Tyler, the said Henry Jones, in manner and by the means aforesaid, feloniously, willfully, and of his malice aforethought, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan." ^[*]

A second count charged the murder as committed at Port Huron, in the county of St. Clair.

On the fourth day of May, 1859, Tyler was arraigned on said indictment, and pleaded thereto as follows:

"State of Michigan, County of St. Clair. In the circuit court for the county of St. Clair.

"The People of the State of Michigan v. William Tyler.

"And the said William Tyler, in his own proper person cometh into court here, and having heard the said indictment read, saith that the people of the state of Michigan ought not further to prosecute the said indictment against the said William Tyler in respect of the offense in the said indictment mentioned, because he saith that heretofore, to wit, at a special term of the circuit court of the United States of America for the district of Michigan, began and held at the city of Detroit, within and for the district aforesaid, on the fourth Tuesday of March, in the year of our Lord one thousand eight hundred and fifty-nine, it was presented by the grand jurors of the United States of America within and for the district aforesaid upon their oath,

"That William H. Tyler, late of Detroit, in said district, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the twenty-ninth day of November, in the year of our Lord one thousand eight hundred and fifty-eight, with force and arms, in the river St. Clair, within the admiralty and maritime jurisdiction of the United States, within the jurisdiction of said court, and out of the jurisdiction of any particular state of the United States, in and on board of a certain vessel, being a brig called the 'Concord,' owned by a certain person or persons whose names were to the jurors unknown, being a citizen or citizens of the United States of America, in and upon one Henry L. Jones, in the peace of God and the said United States, then and there being, on board said brig called the Concord, in the river St. Clair, within the admiralty and maritime jurisdiction of the United States within the jurisdiction of said circuit court of the United States, and out of the jurisdiction of any particular state of the United States of America, unlawfully, feloniously, willfully, but without malice aforethought, did make an assault, and that the said Willam H. Tyler, a certain pistol, of the value of two dollars, then and there charged with gunpowder and one leaden bullet, which said pistol he, the said William H. Tyler, in his right hand then and there had and held, then and there unlawfully, feloniously, willfully, but without malice aforethought, did discharge and shoot off, at, and against, and upon the said Henry L. Jones, and the said William H. Tyler, with the leaden bullet aforesaid, out of the pistol aforesaid, then and there by force of the gunpowder aforesaid, by the said William H. Tyler discharged and shot off as aforesaid, then and there unlawfully, feloniously, and willfully, but without malice aforethought, did strike, penetrate and wound him, the said Henry L. Jones, in and upon the left side of the head of him, the said Henry L. Jones, giving to him, the said Henry L. Jones, then and there, with the leaden bullet aforesaid, so as aforesaid discharged and shot out of the pistol aforesaid by the said William H. Tyler, in and upon the left side of the head of him, the said Henry L. Jones, and near the left temple of him, the said Henry L. Jones, one mortal wound of the depth of four inches, and of the breadth of half an inch, of which said mortal wound he, the said Henry L. Jones, afterwards, that is to say, on the twenty-ninth day of November aforesaid, upon the land and within the United States of America, to wit: at Port Huron, in the county of St. Clair, and within the district aforesaid, died. And so the jurors aforesaid, upon their oaths, aforesaid, did say, that the said William H. Tyler, him, the said Henry L. Jones, in the manner and by the means aforesaid, feloniously, willfully and unlawfully did kill, against the peace of the said United States and their dignity, and against the form of the statute of the said United States in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, did further present, that William H. Tyler, late of Detroit, in said district, on the twenty-ninth day of November, in the year of our Lord one thousand eight hundred and fifty-eight, with force and arms, in the river St. Clair, within the admiralty and maritime jurisdiction of the United States, within the jurisdiction of said court, and out of the jurisdiction of any particular state of the said United States, in and upon one Henry L. Jones, in the peace of God and the said United States, then and there being, in the river St. Clair, within the admiralty and maritime jurisdiction of the United States, within the jurisdiction of said circuit court, and out of the jurisdiction of any particular state of the said United States of America, feloniously, unlawfully and willfully did make an assault, and that the said William H. Tyler, a certain pistol, then and there charged with gunpowder and one leaden bullet, which said pistol he, the said William H. Tyler, in his right hand then and there had and held, then and there feloniously, unlawfully and willfully, but without malice aforethought, did discharge and shoot off, at and against him, the said Henry L. Jones, and that the said William H. Tyler, with the leaden bullet aforesaid, out of the pistol aforesaid, then and there, by force of the gunpowder aforesaid, by the said William H. Tyler discharged and shot off as aforesaid, then and there feloniously, unlawfully and willfully, but without malice aforethought, did strike, penetrate and wound him, the said Henry L. Jones, in and upon the left side of the head of him the said Henry L. Jones giving to him, the said Henry L. Jones, then and there, with the leaden bullet aforesaid, so as aforesaid discharged and shot out of the pistol aforesaid, by the said William H. Tyler, in and upon the left side of the head of him, the said Henry L. Jones, one mortal wound, of which...