People v. Eldridge

KNIGHT, J.

The defendant John Eldridge was charged jointly with Clifford Miles and Charles Davis with the crime of robbery. Davis demanded and was granted a separate trial, but the charges against him were subsequently dismissed • without trial.' Miles and Eldridge were tried together and Miles was convicted, but the jury disagreed as to Eldridge. Upon a second trial Eldridge was convicted, and he prosecutes this appeal from the judgment.

It appears from the record that on the night of April 2, 1924, about 11:30 o’clock, one Henry Waxman was held up by three men, on Willow Avenue, between Laguna and Octavia Streets, San Francisco, and robbed at the point of a revolver. Immediately following the robbery he telephoned to the police department from his home near by, and upon arrival of an officer gave descriptions of his assailants. About four hours later complaint of a different nature was made to the police department, by a woman, concerning the conduct of Eldridge, in response to which the officer, accompanied by said woman, proceeded to a house on Sutter Street where Eldridge roomed, and there found Davis in bed, but Eldridge apparently was not there. The officer, observing fresh footprints on the window-sill, left the room temporarily to search the rear of the premises. Upon returning he knocked at the door of the room and the door was opened by Eldridge, who was undressed, as if about to retire. The officer asked Eldridge who had been with him the night before, and Eldridge first stated that no one had been with him, but afterwards said that he and Miles had been together. Eldridge was then taken to a house on another street where Miles was found in bed. Eldridge and Miles were taken to Waxman’s home, arriving there about

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4 o’clock. Upon being confronted with the two defendants, Waxman immediately identified Miles, positively, as one of the robbers, but was unable to recognize Eldridge as being one of the other two. Both men were then taken to prison and later, according to the testimony of the police officer, admitted participation in the crime, implicating Davis as the third man. Subsequently the defendants were taken to the office of the detective bureau, in the same building, for the purpose of having their confessions reduced to writing and signed by them. While their statements were being prepared, Eldridge sat near a desk with Police Sergeant McLaughlin and Miles was seated about six or seven feet away at another desk beside Police Sergeant Hughes. After the statement of each defendant was prepared and signed by him, Miles signed the statement made by Eldridge and the latter, after reading Miles’ statement, said it was true and likewise signed it. The confession of Miles is as follows: “Room 7, Hall of Justice, April 3, 1924. Statement of Clifford Miles. My true name is Clifford Miles, age 26 years, 5 feet 8 inches, 127 pounds, born Galveston, Texas. On April 2, 1924, about 4 or 5 P. M., I went by 1892 Sutter street. I went up to Eldridge’s room, No. 20, and saw Eldridge and Davis. They were talking about pulling a job, an unlawful job. They asked me if I wanted to work and get off in the morning with some money. They told me of some of the jobs they pulled. They asked me if I had a gun. I said yes but it’s in a pawn shop. They asked me if I could get it and told me to hock my coat and get the gun. Davis said if I could not hock the coat, to take his watch and sell it. I went out to sell my coat and a Jew in a hock shop on Golden Gate offered me $2.80 and finally gave me $4 for it. I then got my gun for $3.50 at Fillmore Loan Office. I went back to their room, and the bullets in my gun would not fit his. About 9 P. M. I met Eldridge on Sutter street and Webster street. We went back to his room. We talked and went out for a walk and Davis took my gun. Around a park, or soon after we left a park near Eddy street, two men came up an alley (both white). Davis pointed the gun at them and said ‘ Stick up your hands. ’ Both did so. Eldridge and Davis then searched them. They got some money. I don’t know how much. Me and Davis went down the street. Eldridge walked the two men