Westcott v. State
| Decision Date | 27 March 1893 |
| Citation | 12 So. 846,31 Fla. 458 |
| Parties | WESTCOTT v. STATE. |
| Court | Florida Supreme Court |
Error to circuit court, Leon county; John W. Malone, Judge.
Charles Westcott was convicted of murder in the first degree, and brings error. Affirmed.
Syllabus by the Court
1. Where the record shows that a grand jury was organized for a term of the circuit court, and that during the term said grand jury presented against an accused an indictment properly signed and indorsed as required by statute, and marked 'Filed in open court' by the clerk, this is sufficient to show that said indictment was properly returned into court.
2. An objection that an indictment copied into the record, properly signed and indorsed, was not presented by the grand jury in open court, should be made in the trial court, where the record is made up; and it is too late to interpose such objection for the first time in the appellate court.
3. The premeditated design that is essential to make out a case of murder in the first degree is a question of fact for the jury; and in the present case the testimony held sufficient to sustain a verdict of murder in the first degree.
Stephen C. Miller, for plaintiff in error.
W. B Lamar, Atty. Gen., for the State.
The other facts fully appear in the following statement by MABRY J.:
The plaintiff in error was indicted at the fall term, A. D. 1892, of the circuit court for Leon county, for the murder of Amanda Howell, and during the same term of this court was arraigned, tried, and convicted, upon the indictment returned against him, of murder in the first degree. From the judgment of the court imposing the sentence of death on him, the accused has sued out a writ of error to this court.
Henry Logan, a witness for the state, testified that on the night of October 2, 1892, he went up to town to see Amanda Howell to pay her some money on a razor that witness had bought from her. When he got to town he found that she was in the city lockup, where she had been lodged that evening for being drunk on the street, and he went to see about getting her out, and did get her out. After getting her out of the lockup, witness went home with her, about dark, and remained with her at her house until Charles Westcott went there. About the time witness was going to leave, he heard the boys coming up the road, and he decided to remain longer, to see whether or not they were going to stop there. Amanda was on the porch, and a light was in the house. Witness had been trying some time to get her in the house, but she would not go. If she had gone into the house witness would have gone home. Some boys named Frank Edwards, Lazareth, and Josh Graham came up there. Josh called Charles Westcott, and Westcott responded 'that he could not jump the ditch, but would go to the bridge and come across.' Westcott did so, and, when he came up, witness was sitting by the side of Amanda Howell, on the steps to the porch. Westcott came up, and told Amanda 'he wanted to see her and she said, 'Go away. I am not in any seeing condition now.” He said he only wanted to speak a few words to her. Then witness got up and went out of the yard, and stood by the gate outside. Just as witness got outside of the gate Amanda started towards her room, and Westcott started in behind her. When Amanda got inside the house she told him to go back, and she pushed him out, but he would not go back. She told him again to go back, but he did not do so. Amanda turned around and took up a broom, and struck Westcott with it three or four times over the head. He was standing near the door, with his right side pushing against it, when she was striking him, and, before she could strike him again, he sprang to wards her with a razor in his hand. Witness saw the blade,--it was bright,--but he could not see the handle. He threw the razor around her neck and cut her, and then she tried to strike him again and he cut her over the head in another place. Westcott then jumped off the porch and started to run off, and left his cap lying on the porch. Some of the boys asked him why he did not run back and get his cap, and he ran back, jumped up on the porch, got his cap, flew out of the gate, jumped across the ditch, and went on up the road. Amanda ran out into the yard, picked up a picket from the ground, and looked for Westcott, but he was gone. Witness then saw the blood streaming from her. She then went in and laid down across the bed, and called on witness to go after the doctor, but he did not go. This occurred between 2 and 3 o'clock, October 2, 1892, in Tallahassee, Leon county, Fla. Witness is a married man, and lives with his wife in Tallahassee.
Elizabeth Sparkman testified, for the state, that she lived in an adjoining room in the same house with Amanda Howell on the 2d day of October, 1892. The night she was killed Henry Logan came home with her, and he was there with her on the porch when witness went to bed. Witness went to sleep, and the next thing she knew she was aroused and frightened, and heard Amanda hallooing, and when witness went to the door she saw Charles Westcott jump off the porch with his hat in his hand. She then went back in the room, put on her dress, came out, and saw Amanda lying across the bed, and she asked witness to go after the doctor, as Charles Westcott had cut her. Witness and her daughter went after the doctor, and, when they got up the hill by Mrs. Shea's, there was Charles Westcott, who asked them what was the matter. They made no reply to him, and went on, but he followed on behind. When they got to the corner at the top of the hill by the light, they saw Josh Graham, and asked him to go with them after the doctor. That all four of them went, first, to Dr. Gunn's, and being told that he was not at home, they went after Dr. Philbrick, and told him what was the matter. He said he would come in a minute or two. They all went from Dr. Philbrick's together, as far as the lodge building, and Charles Westcott said he wanted to go by the shop, and went that way. He said that he would be on down there as soon as he could go by and change his clothes. When they got back, Amanda was not dead, and she said that Charles Westcott cut her. In a little while Dr. Philbrick and Charles Westcott came together, and Westcott looked at Amanda, and held the lamp for the doctor to examine her.
Jesse Dennis testified, for the state, that he lived in a house near the one Amanda Howell lived in, and a fence separated the houses. On the night that Amanda was killed there was a festival out in the country, and a good many people were passing in the street near the houses, making a noise, and he could not sleep. Witness heard loud talking in Amanda Howell's house, and he went out into the yard to hear what was said. There was a lamp burning brightly in Amanda's room, and the door was open, and witness could see into the room from where he stood. He saw Amanda go into her room, and Charles Westcott started to follow her, and she told him to go back several times. Witness then saw Amanda grab a scrub of a broom, and start to hit Westcott on the head with it. He jumped towards her with a razor, and cut her. Witness then heard Amanda say: 'You come into my house and cut me, you nasty rascal.' She then said: Witness' house is nearer the street than Amanda's, and he was standing in his yard when he saw Westcott cut her. It was about 2 or 3 o'clock in the night, on October 2, 1892.
Frank Edwards testified, for the state, that Logan went outside the gate, and Amanda started to go in the house, Westcott following her. When she got inside the door she grabbed a broom, and told Westcott to go back, and he said: She replied: 'I am not in a seeing condition at present.' Westcott was standing at the door talking to her, and she told him to leave, and he would not do so. She then began beating him over the head with the broom, and he jumped and cut her, and ran away. Witness and some other boys then ran up town.
Paul Harrison testified: It was somewhere between 2 and 3 o'clock. Witness did not see any of the fight, as he left soon after he got there.
Phillis Hall testified that she heard, between 2 and 3 o'clock in the morning, October 2, 1892, some one hallooing for a doctor, and ran over to Amanda's house, and found her lying across the bed. Witness asked her who cut her, and she said 'Charles Westcott.'
Ella Spears testified that she heard some one calling, the night Amanda Howell was killed, and went over to her house. Witness found Amanda lying across the bed with her neck cut, and she said Charles Westcott did it.
Matilda Evans testified that, the night Amanda Howell was killed, she heard some boys over there, but did not know who they were. A little later witness heard some one call for a doctor, and she went over, and found Amanda lying across the bed with her throat cut, and she said Charles Westcott did it.
Charles Hopkins testified as follows: ...
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