People v. Morgan

Homicide — Motive—Inference from Proofs — Insurance. On. a prosecution for homicide, where the people claimed that respondent shot at deceased, mistaking him in the darkness for the husband of a woman on whose farm respondent was employed, and whose separation from the husband had been effected after rumors of improper relations with respondent, the court was in error in admitting evidence that the husband’s life was insured infavor of the wife for §2,000, upon the theory that the jury might, in the absence of direct testimony, be warranted in drawing an inference — from testimony that the wife knew of the insurance, .and that respondent had once jocularly observed that any one who would get rid of the husband would get a thousand dollars — that respondent also knew of the insurance, and that it furnished an inducement for the commission of the crime. Montgomery, C. J., and Hooker, J.', dissenting.

Exceptions before judgment from Cheboygan; Adams, J. Prank Morgan was convicted of murder in the second degree. Respondent was charged with the murder of one Don Gillis on the 29th day of April. He was convicted of murder in the second degree. He was at work as a farm laborer for one Mrs. Bowen. Her husband had left her, and was living in a house upon an adjoining 40 acres. Mrs. Bowen controlled the house and farm where she lived. About 11 o’clock at night Mrs. Bowen’s dogs barked in such a manner as to lead her and the respondent to believe that somebody was prowling around the house. She told the respondent to take his revolver, 'go out upon the stoop, and fire it, to scare the person or persons away. The night was dark and stormy. Respondent went out upon the stoop, and saw, by a flash of lightning, an object three or four rods from the house, in a stooping posture. He cried out, “Who is there?” and, receiving no response, fired three shots. The next morning the dead body of Gillis was found in the yard. Gillis had climbed over the fence, as was shown by his tracks, and was approaching the house.; but for what purpose does not appear, as it was not shown that he had had any difficulty with the respondent or any one in the house. The people claimed that respondent shot and killed Gillis, believing the person to be Mr. Bowen, Mrs. Bowen’s husband. It is urged that respondent had been the cause of Mr. Bowen’s separation from his wife, that the relations between her and respondent were criminal, that there had been trouble between Bowen and respondent, and that therefore respondent shot at the person that night, believing him to be Bowen. It was also claimed that there was an insurance policy upon the life of Mr. Bowen, in favor of his wife, and that the purpose of Mrs. Bowen and respondent was to obtain this insurance. There was evidence from the people’s witnesses that persons had been prowling around the house before, and that threats had been made to lynch respondent, and that he purchased a revolver for the purpose of defending himself against Bowen. Mr. and Mrs. Bowen had five children, all of whom were then at her home; the oldest one being 15 years of age. There is no evidence that respondent knew of the insurance policy. Policies had been taken out by Mr. and Mrs. Bowen in the Maccabees, each in favor of the other. His, for her benefit, was for $2,000, and hers, for his benefit, was for $1,000. Mr. Bowen left her the 1st of January previous, and took his policy with him. The continuance of the policy depended upon whether he kept up his assessments. The record is barren of any proof of criminal intimacy between respondent and Mrs. Bowen. Mr. Bowen was a witness, a'nd gave no reason for leaving her, or for having any suspicion against respondent or his wife. There is testimony that he was jealous of her, and did not want respondent to work upon the farm. She went to the prosecuting attorney, Mr. Frost, and stated the facts to him; saying that her husband was jealous of respondent, but it would be the same if any other man were to work for her. She was a witness for the prosecution, and her testimony in her cross-examination upon this point is as follows: “I heard rumors of personal violence against Morgan or myself while he was living at my place. I did not communicate any of them to Mr. Morgan. I had no talk in particular about his leaving my place. I remember having a conversation with the prosecuting attorney of this county with reference to my keeping a hired man; I believe, in March. In that conversation I stated to him some objections that I had heard with reference to my having an employé. He told me that if the man did his work properly, and I paid him his wages, to keep him, by all means. I also showed him a letter I had from my husband concerning the matter, and he said it was because he was evidently jealous, and it made no matter what man it was; it would be the same. And, acting upon that suggestion, I still retained Mr. Morgan in my employ.” On her redirect examination she testified: “ I told you there had been threats as to both our lives, and you said that would not make any difference; they were just trying to frighten me, and would not dare to take the law in their own hands.” This statement is not denied, and comes from the peo- ' pie’s own witness. Respondent testified that he once met Mr." Bowen upon the highway, and “Bowen took off his coat, vest, and cap, and said he was going to whip me.” He told him he did not want to have any trouble with him, and that he had always thought a good deal of him, and they talked a few minutes, when Bowen put on his clothes, handed respondent a cigar, took one himself, and they both lighted them with one match. This is not contradicted by Bowen, and is the sole evidence of any difficulty between Bowen and respondent. One Hanske testified that one evening respondent, when he was intoxicated, said, in the presence of several others, “Any man would get a thousand dollars that would get rid of Bowen.” The witness said he laughed, and did not think respondent meant it. . One other witness who was present testified to this conversation, but his version differs very materially from that given by Hanske. This is the only testimony tending to show any malice against Bowen, or any intent to do him harm. But this is no proof that respondent had reason to believe that the person he saw that night was Bowen. It was essential for the people'to prove this. There is an entire absence of any such proof.