Westmoreland v. United States

On June 16, 1894, the plaintiff in error was adjudged guilty of the crime of murder by the circuit court of the United States for the Eastern district of Texas, and sentenced to be hanged. This sentence has been brought to this court for review by writ of error. The record contains only the indictment, the judgment, and the motion in arrest thereof. The indictment charges:

'That one Thomas Westmoreland, a white person, and not an Indian, nor a citizen of the Indian Territory, late of Pickens county, Chickasaw Nation, Indian Territory, in the district and circuit aforesaid, on the fifteenth day of June in the year of our Lord eighteen hundred and ninety-three, in Pickens county, in the Chickasaw Nation, in the Indian Territory, the same being annexed to and constituting a part of the said Fifth circuit, and annexed to and constituting a part of the Eastern district of Texas for judicial purposes, and being within the jurisdiction of this court, did unlawfully, fraudulently, and feloniously, and with his malice aforethought, and with certain drugs and poisons, to wit, strychnine and certain poisons to the grand jurors unknown, then and there given and administered by the said Thomas Westmoreland to one Robert Green with the unlawful and felonious intent of the said Thomas Westmoreland then and there to take the life of him, the said Robert Green.

'And he, the said Thomas Westmoreland, did then and there, by administering the said poison, as aforesaid, unlawfully, knowingly, and feloniously poison him, the said Robert Green, from the effects of which said poison he, the said Robert Green, did languish, and languishing did then and there die, on the fifteenth day of June, A. D. eighteen hundred and ninety-three, and within a year and a day from said date.

'And the said grand jurors aforesaid, upon their oaths aforesaid, do say that upon the day aforesaid, at the place aforesaid, with said poison aforesaid, used as aforesaid, and in the manner aforesaid, the said Thomas Westmoreland did unlawfully, feloniously, and with his malice aforethought, kill and murder the said Robert Green, the said Thomas Westmoreland and he, the said Robert Green, being then and there white persons, and not Indians, nor citizens of the Indian Territory, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the United States of America.'

C. L. Herbert and Robert H. West, for plaintiff in error.

Asst. Atty. Gen. Whitney, for the United States.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.