Ward v. State

• Citation: 107 S.W. 677,85 Ark. 179
• Parties: WARD v. STATE
• Decision Date: 27 January 1908
• Court: Supreme Court of Arkansas

107 S.W. 677

85 Ark. 179

WARD v. STATE

Supreme Court of Arkansas

January 27, 1908

Appeal from Lee Circuit Court; Hance N. Hutton, Judge; affirmed.

STATEMENT BY THE COURT.

The grand jury of Lee County indicted Henry Ward for the crime of murder in the first degree. He went to trial under a plea of not guilty, and was convicted of murder in the second degree and his punishment assessed at 21 years in the penitentiary.

The following testimony was adduced at the trial:

Isaac Hicks: "I was at home on the day that George Fields was killed by Henry Ward in front of my house. The night before me and Mr. Caleb Johnson, Henry and George Fields were at my home, and a crap game was going on. Fields and Buster had a fuss over a nickel. When I say Buster, I mean Henry Ward. They made up that night, and Caleb and George went home. The next morning George Fields came by the house, and stopped and said he wanted to fight. I did not testify before that Buster called him. Myself and my mother live with the defendant. Fields told him he wanted to fight, and Buster said, 'All right;' and he went out there, and Fields cut him. Buster ran back in the house, and George Fields came right on; and Mr. Buster said, "Don't you come in here." And Mr. Fields said, "Go back, you coward son of a bitch," and Mr. Buster shot him.

"Q. Don't you know what is likely to happen to you to swear something wrong; that you are liable to go to the penitentiary? (Objected to by defendant.) Court: "He has a right to get the truth." (To which remark defendant objected as being prejudicial and excepted.) "Mr. Smith has talked to me, but he told me to swear the truth."

Q. "Why did you tell me yesterday that Buster stopped this man and hit him, and that he got down off his horse, and that Buster picked up the hoe and then he--

A. "No, sir; I never told you that about the hoe.

Q. "Well, the balance of it is true?"

A. "It is true just like I told it."

Annie Hicks: I and my little boy and Caleb Johnson and Buster and George Fields were at my house the night before the killing. They were shooting craps. I live with Henry Ward, but am not married to him. They had a little fuss over the crap game. They got to fussing about a ring. George got up and drew his knife on Buster. There was no fight, and they went home after the fuss. I saw the killing the next morning. That morning when George came by there, Buster was standing out on the gallery; and he said, "George, I would like to talk with you a minute." When I say Buster, I mean this defendant. George said: "What in the hell do you want?" And Buster said: "I don't think you treated me right." And George said: "God damn that; if you don't like it, wait until I go home." And Buster said: "No, I don't want that." And George said "Come out, and I will fight you fair fisted in the road;" and Buster went out to him. I don't know who hit the first lick. Buster came on in the house when George hit him with his knife, and got his gun and came out; and George just came right onto him, and Buster said "Don't you come onto me;" and he just kept coming on, and Buster shot. He turned after Buster shot him. I didn't tell you that Buster reached and got a hoe. He never reached and got anything. George didn't hold him there with his knife open and say: "I could kill you Buster." Buster didn't run up behind George after he had started down the road and shoot him." Cross examination. "While Buster was on the porch, he told George he wanted to settle with him and be friends. Buster never attempted to use his gun when he went out. Buster told him to go on away." Re-direct examination. "George was shot and died that day. This was in Lee County Arkansas."

John Holland: "I saw George Fields before he died. He was shot here (indicating), and he told me he was shot in the back. He made a statement to me about a half hour before he died. Before he made the statement he called on the Lord to have mercy upon a dying man. When I got to him, I said 'George, what is the matter?' and he said: 'Buster shot me; I will show you'; and he says, 'I am shot in the back.' It was cold, and I said, 'Boys, pick him up out of this mud and carry him home.' But some of them had beat me there, and had gone after the wagon; and I met the wagon, and went on and telephoned to the officer what had happened. When I got back, I saw that he was dying, and I said: 'George, were you in the fault? and he said: 'I will tell you about it.' He said: 'Five cents was the cause of it all, and I reckon I was not in fault. We had a little fuss last night at Buster's house. I thought it was all settled, and I went home with Caleb Johnson and stayed all night. And as I came by Buster's house the next morning he called me and said he was not satisfied about this fuss last night. And I remarked to him that I thought it was all settled; 'that if nothing else will do but a fight, I will accommodate you.' Buster said: 'That suits me,' and out he come; and we hit a few licks, and I reckon I was too hot for him, and he reached for a hoe. And when he done that I went for my knife, and I cut his hat a little; and I had him by the throat and says, 'Buster, I have the advantage of you, and I could kill you, but I have nothing against you; I like you, and would not hurt a hair of your head.' Then I turned him loose, and the next thing I knew I was shot in the back. And I turned around, and threw up my hands, and said, 'That is all right, Buster; I have not got a God damn thing.' And then he stepped forward and shot me right here.' He was dying so fast I walked off." Cross Examination. "He told me he was shot in the back and in the stomach. Mr. Johnson was there when he made this statement and a few darkies. Johnson is in Mississippi, they say. His eyes looked glassy, and I could see that he was dying. He said Henry reached for a hoe. After the killing Henry said he was not going to run. All I know about the case is what the negro who got shot told me."

Harry Nolen: "Annie Hicks is my aunt. I lived on the next place to her; but I stayed there the night before the killing. The next morning pretty early I had to go and get some black pepper, and Henry told me to go and get some shells. Q. What store did he say go to? A. To Mr. Jones's, Q. How far is that from where Buster lives? A. I don't know. He said he wanted some No. 3 shot. He said he wanted the biggest shot; he said No. 3. I came on back and left the shells, and by the time I got home I heard the shot. Cross examination. He did not tell me what he wanted with the shells."

DEFENDANT'S EVIDENCE.

Isaac Hicks: "When George Fields came up, he called Mr. Buster out. Then they had a fight. Then Buster went in the house and got his gun, and when he came out he stopped on the step and shot George Fields. He just called him, and raised up, and Mr. Fields was on him with his knife in his hand. Fields never said anything as he came towards him."

Judgment affirmed.

William F. Kirby, Attorney General, and Dan'l Taylor, for appellee.

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