People v. Craig

Harrison, J. The defendant was tried for the murder of his wife, convicted, and sentenced to death. From this judgment of conviction, and an order denying a new trial, he has appealed.

The facts connected with the killing, as shown by the prosecution, are briefly as follows, viz: The defendant and his wife had been living separate from each other for several months, the wife living with her children at the “ Hunter ranch”—the property of her father—about three miles north of Los Angeles. On the 25th of July, 1894, soon after sundown, the defendant, having provided himself during the day with some pistols, drove in a buggy from Los Angeles to the Hunter ranch, .where he got out and went to the porch at' the back or kitchen part of the house, and attempted to open the kitchen door. Finding it locked, he called out to his wife, who was in the kitchen, and, as she looked through the window and saw who it was, she asked him who gave him the right to come there. Upon his replying that he had the right to come and see his children, she said: “ Do you know there is a man on the ranch?” and upon his inquiring where lie was, pointed to her brother, George PXunter, who was approaching, saying: “ There he comes.” As George Hunter came up, Mrs. Craig unlocked the door, and lie entered the house, going through the kitchen and diningroom to the hall, but immediately returned, going again upon the porch [464]through the kitchen door. As he stepped off the porch, the defendant, who was outside holding a pistol in each hand, shot him with the one in his right hand, and as Mrs. Craig put out her hands as if to catch hér brother from falling, the defendant stepped forward, and with the other pistol shot her in the head, killing her instantly. He then stepped over her body into the kitchen, holding up both pistols, saying: “I have got revolvers enough for the whole family,” and went into the diningroom, where he approached Miss Jensen, who had run out of the kitchen, and threatened to shoot her also. She, however, escaped, and the defendant immediately left the house and drove away in his buggy.

After the evidence of the killing of the deceased, as aforesaid, had been inti’oduced, Miles Long, a witness called by the prosecution, testified that he had had a conversation with the defendant with reference to the Hunter family, within three weeks prior to the killing, and was then asked to state whether the defendant had made a threat in the conversation relative to his children, and relative to the Hunters. Upon the objection of the defendant the court excluded the answer, on the ground that the question was leading. He was then asked: “ State whether or not, at any time prior to this shooting, within six weeks thereafter, you had a conver- ■ sation with this defendant relative to his wife having been taken away from him by somebody, and, if so, about when that was.” To this question the defendant objected upon the ground that it was incompetent, irrelevant, immaterial, and not a part of the res gestm. The court overruled the objection, saying in connection with its ruling: “I suppose the object of this testimony is to show some threat. At present I don’t see any connection that it possibly could have with this case, except in that view, and I see no objection to this man’s stating that conversation. He has been led up to it, and the time and the subject matter, and I see no objection to his going on and telling what that conversation was. If it was in regard to threats, or anything of the kind, the