People v. Farmer

McFarland, J. The defendant was convicted of murder in the second degree, and appeals from the judgment. The only ground relied on for a reversal is error in admitting in evidence the dying declaration of the deceased; the contention being that the declaration was not made under a solemn sense of impending dissolution. Two witnesses, W. C. Goldsmith and William Newman, testified as to the condition of the deceased. Goldsmith testified that he knew the deceased, Thomas G. Christie, in his lifetime; that he was shot, according to his information, a little after midnight; that witness saw him shortly afterwards; and that the statement offered in evidence as a dying declaration was made at 1:35 o’clock, A. m., of the same night. His subsequent testimony was as follows. Question: “Do you know, and if so, how do you know, whether Mr. Christie, at the time he made that statement, had any belief upon the subject whether he would die from the effect of that wound? Answer: He told me that he was killed; that he would die. I went in to see him, and I said: ‘Are you hurt, Tommy, bad?’ ‘Oh!’ said he, ‘Mr. Goldsmith, I am killed.’ I said: ‘I .guess not. Where are you hurt?’ He put his hand to his side and showed me.”

After some matters not material here, the testimony proceeds as follows: “A. He said he believed it would kill him. He said: ‘It’s no use; I can’t get well.’ When I first came in from supper, he told me that. There was no anticipation of taking this statement at that time. It was more than an hour before he gave the statement. Q. Then what did he say about that afterwards, just before •the statement was made? A. He said he did n’t believe he would get well. Q. He believed he would die? A. Yes, sir. Q. And he made a statement? A. Yes, sir; he made a statement, and said it was his dying statement. [3]He was in. his right mind, he declared himself. I asked him, and he said he knew me and all the parties around there. He was in his right mind. I talked with him about other matters, and my opinion is that he was in his right mind. Question by the court: You think he saw things clearly, and was able to give it correctly? A. Yes, sir, he said he was in too much pain to give a statement, but he would give answers to questions, and what questions were asked him, he answered them.” After some discussion between the court and counsel, the testimony proceeds as follows: “Q. Now, what was it the dying man said, Mr. Witness? A. He said he could not get well. Q. What else did he say? A. He said—I came out and spoke to him, and I said: ‘How are you hurt, Tommy?’ Question by the court: What time was that? A. It was after twelve o’clock, I think. He said he was shot. I said, ‘Where?’ He said, ‘Here.’ I said, ‘Who done it?’ He said, ‘Farmer.’ I said, ‘Are you hurt bad?’ He said, ‘I am killed; I never can get well.’ He said, ‘I will die.’ I said, ‘Where are you hit?’ He pulled his shirt down and showed me where he was shot. Question by the court: How long was that before you took the statement? A. It was over an hour. Question by the court: Now, I wish you would detail everything that Mr. Christie said at the time he was going to make that dying statement? A. I asked the doctors— Q. They were present? A. Yes, sir.”