People v. Vukich

SHENK, J.

The defendant was charged with the murder of one Richard T. Stone on September 27, 1925, in Placer County. He was convicted and sentenced to suffer the extreme penalty. He has appealed from the judgment and an order denying his motion for a new trial. The facts leading up to and attendant upon the killing are briefly as follows: The deceased had charge, management, and control of the Alta Lumber Company’s sawmill located on the Baker ranch, on the Foresthill Divide, in said county. The defendant, a Montenegrin, about thirty-six years of age at the time of the trial, was sent to the Baker ranch, for employment as a millhand from an employment office in Sacramento, in June, 1923. He worked at miscellaneous jobs on the ranch and about the mill until September, 1923, when, following a controversy and a personal encounter with Stone, he was discharged and ordered off the premises. The defendant thereupon demanded the wages due him and was given a time-check for $161, which he claimed was sixty-five cents short. The time-check was directed to a bank at Roseville. He immediately went to the district attorney at Auburn and complained about an alleged attack on him by Stone, and also about not receiving cash for his wages. He was informed by the district attorney that nothing would then be done with reference to the matter of the fight, but that if he were not paid his wages by 'September 6th proceedings would be commenced against Stone. The defendant went to the bank at Roseville, where payment on his time-check was refused on the ground that there were no funds in the bank to pay the same. He again consulted the district attorney, proceedings were taken against Stone in the justice’s court, and he was fined $100; but the defendant did not collect his wages. He then consulted attorneys with a view to obtaining a money judgment, but without avail. He sought relief through the office of the labor commissioner at Sacramento and the district attorney

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of the city and county of San Francisco. He sought the aid of the attorney-general of the state and endeavored to enlist the assistance of the Governor in the redress of what he conceived to be a great wrong done him by Stone. He worked intermittently and traveled about during 1924 and 1925, at times resuming his efforts to collect his wages from Stone. He finally decided to take the law into his own hands, as he expressed it. He went to Reno, purchased a rifle, a pistol, a dirk, and ammunition, at a cost of about $50, and made his way to the Baker ranch, arriving there about 2 o’clock of the morning of September 27, 1925. He first went into the bunkhouse and then into the boiler-room of the mill, where he remained until between 6 and 7 o’clock, at which time he heard voices emanating from the Stone residence and concluded that Stone was in the house. He then went into the bathhouse, which adjoined the sawmill, and was about one hundred yards distant from the residence. He cut gaps in the cracks in the bathhouse in such manner that he could see through the same without being seen. Stone was living with his wife in the residence and a Mrs. Horten from San Francisco was visiting them. At about 10 o’clock the three came out of the house for the general purpose of looking over the mill and lumber-yard, and for the more particular purpose of having Stone point out to Mrs. Stone certain lumber which was to he sold during a contemplated absence of Stone. The three walked across the lower part of the yard, conversing as they went. As they approached the mill Stone stepped up to and upon a sill and turned and reached out his hand to assist Mrs. Stone. As he turned he was facing the bathhouse, where the defendant was in hiding. At that moment the defendant fired. The bullet passed through Stone’s heart and he died almost immediately. The defendant fired another shot and emerged from the bathhouse, carrying his rifle before him, where he was in plain view of Mrs. Horten.