Majority
Headnote
Appeal-Facts.The defendant appeals from a judgment rendered on a convicting him of murder in the first degree. The case has been submitted upon briefs and without oral argument. That Annetta Ahrens was murdered by some person with such deliberation and premeditation as to constitute the crime charged is conceded. That the defendant was its perpetrator rests as a fact wholly upon circumstantial evidence, and the contention now is that it was insufficient to warrant the conclusion of the jury. It must not be forgotten that it is their province to determine questions of fact, and decide between conflicting inferences, and that
Mrs. Ahrens was last seen alive between eight and nine o’clock in the evening of December 29th, 1892. She was a widow, about seventy or eighty years of age, miserly and penuric us in her habits, often having considerable sums of money in her possession, and with a passion for gold coin, which she refused to spend and would not deposit in the bank, although sums of considerable amount were credited upon her bank books. She occupied two rooms, the smaller of which was a bedroom and held a wardrobe, with a few other articles of furniture: On the morning of December 30th she was found dead in her bed, with the marks of a blow on her face and her throat cut so that her head was almost severed from her body. Everything in the bedroom was in disorder and confusion. The door to the outer room leading from the hall had been burst open and stood partly ajar. In a bureau in that room a small amount of money was found undistured, but much less than the woman was in the habit of keeping about her. On the washstand was a knife with' a wooden handle, on which was the word “ bread,” in raised letters, the steel blade being about eight inches in length and stamped on the metal with the words “ bread knife.”. It was stained with blood, some of which had dripped from it upon the stand. That the murder was committed with that weapon is, of course, a natural and obvious inference. That knife was very clearly identified as the property of the defendant. He took it away from Mrs. Johnson’s in a bag on the 15th of December, having at the time no other articles of property except a plate, a dish, a cup and saucer and some small amount of clothing, and having been turned out by Mrs. Johnson because unable to pay his rent. He went with his wife directly to Mrs. Ahrens’ house, where he stayed till December 26th, or three days before the murder. He there occupied a room adjoining the sitting room of Mrs. Ahrens, separated from it by a partition in which was a glass door. The deceased had covered this with wrapping paper to prevent observation, but a corner had been torn off, leaving an opening through which it was possible for the defendant in his room to see what Mrs. Ahrens was doing in hers. On Christmas day she found that she had been robbed of about eighty dollars, and suspected the defendant as the thief. After his arrest he confessed that he stole the money on Christmas eve but claimed he had never robbed her since. "The money was taken from tho wardrobe according to Mrs. Ahrens’ account of it. Two days later he was seen drunk and excited and with a wad of bills in his hand and said there was plenty more where that came from. On the evening of that day he left Mrs. Ahrens, his few things
There was very much more of the evidence, but what I have stated is the substantial outline. The prisoner gave no explanation of his possession of the money and the gold coin, and falsely ■denied the ownership of the knife. That the accused had a knowledge and opportunity adequate to the commission of the crime; that he had once already robbed the deceased, and took his plunder from her wardrobe; that his extreme poverty furnished a motive for the act; that he owned the weapon found with blood upon it at the scene of the homicide; that the morning after the murder he left the state and went to Newark without any apparent reason; that while there he had in his possession a considerable amount of money, at least thirty dollars of which was in gold coin; that there he bought new clothing and threw the old into a privy vault; that he endeavored to hide away and conceal himself to escape arrest, were all facts more or less strongly proved, and which called for some explanation consistent with innocence to break their force. None whatever was given. These were the main facts, but surrounded with many details of conduct and .conversation pointing in the same direction. The proof was quite sufficient to warrant an inference of guilt, and the case was one over which the jury could not long hesitate.
None of the exceptions to the charge of the court need discussion. They raised no legal question about which there can be any doubt. It is our duty to affirm the judgment
Cases cited
- People v. Taylor 52 St. Rep. 914 p. 358