Williams v. State

Robinson, J., delivered the opinion of the Court. The prisoner, the captain of an oyster boat, was tried for the murder of Otto Meyher, one of the hands under his employment. The question presented by the first exception is, whether it was competent for the State to prove, that on the day before the fatal assault, and several days prior thereto, the prisoner had beaten, and otherwise maltreated the deceased? The charge of murder against the prisoner necessarily involved the question of malice, for there must be malice express or implied, to constitute murder.

As bearing then upon this question, the evidence was clearly admissible. In the absence of evidence tending to show justification, excuse or extenuation, malice it is true may be presumed from the proof of the homicide itself, but the State is not bound to rely upon this presumption, and may offer other and independent evidence tending to prove malice — and this too, 'without regard to the evidence offered or defence set up by the accused. Having proved the prisoner had assaulted and beaten the deceased in the most cruel and inhuman manner just before the day of the fatal assault charged in the indictment, the State had the right to follow up this evidence and show, that prior to these assaults Meyher was in ordinary health, and that afterwards he complained of pains in his head and breast, and that he continued to complain up to the day of the homicide. To sustain the indictment the State was bound to prove that Meyher died from blows and injuries inflicted by the prisoner; and in the determination of this question, the physical condition of Meyher at the time these injuries were inflicted, was a material inquiry.

An injury that may prove fatal to one already enfeebled and suffering from great bodily harm, may not prove so to one in robust and vigorous health. The ruling ³⁹⁰ of the Court in the fourth exception is one, we think, equally free of difficulty. The proof shows, that on the morning of the 25th of November, 1884, the deceased being unwell, the prisoner gave him some medicine — that he attempted to work, but being unable to work, or because his work was not satisfactory, the prisoner beat him five or six different times across the back and sides with a shovel or handspike ; that evening the deceased complained of pains in his back and breast, and cried out “my God,” “my God,” and said he was sore all over. The next morning the deceased again tried to work, but being unable to wind up the anchor, one of the hands jerked, it, and Meyher fell upon the deck.

While lying there the prisoner came up and kicked him several times, and every time Meyher shrieked, the prisoner pressed his foot heavily on his throat. After these brutal assaults the prisoner tied a rope around the body of Meyher, and fastening the rope to a hook in the front sail, dragged him from one end of the boat to the other. The deceased again promised to work, but he was very weak, and in the attempt to turn the crank of the dredge he fell lengthwise across the deck, and while lying there, the'prisoner again kicked him five or six times, and again pressed his foot on his neck. The prisoner then tied the thumbs of the deceased with a rope, and by the means of a hook fastened to the rope, the body of the deceased was hoisted until his feet were above the deck.

After this, the deceased was put into a yawl boat and landed on the shore, where a few hours afterwards he died. The next day a jury of inquest was summoned, and Doctor Gill made an external examination of the neck of the deceased. In moving the head and neck backwards and forwards he at first thought he heard a crepitation, indicating the neck was broken, but not hearing the sound again he concluded he must have been mistaken, and was of opinion that the neck was not broken. Thus ended this imperfect and un ³⁹¹ satisfactory examination, and tbe body was buried.

On tbe 27th of December, one month afterwards, the prisoner was arrested and a second jury of inquest was summoned, and for the first time a thorough post-mortem examination of the body was made by Doctor Miles. The result of this examination, showing that the neck was broken, and that large dark-colored patches or bruises were found on various parts of the body, was offered in evidence. But objection was made to its admissibility, on the ground that the condition of the body one month after the deceased was buried, was not legitimate evidence from which the jury could reasonably infer its condition at the time he died. A thorough examination made immediately after death, would of course have been more satisfactory and conclusive than one made some time afterwards.

But the weight of the evidence was a matter for the jury, to be determined by them in connection with all the facts and circumstances in the case. The-mere fact, that the examination is made some time after death, is not in itself a reason why the result of such examination should be excluded, unless the interval is so great and the condition of the body is such, that the jury could not reasonably find whether its condition was to be attributed to ante-mortem or post-mortem causes. And such was not the case here. The weather was cold and decomposition had just set in.

No difficulty was experienced by the physician in making the examination. He first began by making an external examination, moving the head and neck, and heard distinctly a crepitation of the bones of the neck, showing the neck was broken. He then made an incision in