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Commonwealth v. Boyle, Appellant

Superior Court of Pennsylvania1910-12-12No. Appeal, No. 117
45 Pa. Super. 10

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Opinion

majority opinion

Opinion by

Orlady, J.,

James Boyle was convicted under sec. 1 of the Act of April 4, 1901, P. L. 65, of kidnaping William Whitla, an eight year old son of James P. Whitla, of Sharon, Mercer County, Pennsylvania. Helen Boyle, this defendant, was convicted of the offense defined in sec. 2 of this act, viz.: “Any person who shall aid, assist, or abet, in the taking or carrying away, or in the decoying or enticing away, or secreting of any child or person, with intent to extort money or any other valuable thing for the restoration or return of such child or person, such offender shall be guilty of felony, etc.”

The only questions raised by this appeal are, first, the sufficiency of the evidence to show an offense under this statute, and second, whether the court of Mercer county had jurisdiction of the case.

In November, 1908, James Boyle, .a former resident of Sharon, Mercer county, after an absence of two and a half years, returned to the town with this defendant who was ostensibly his wife. They remained there in the home of his mother until March 12, 1909, during which time they were without any known means of support, and he was not engaged in any business. They there announced their intention of going to Denver, Colorado, and Boyle secured sufficient funds from his mother to take himself and alleged wife to that place. Helen Boyle at the same time, stated that she expected soon to receive some money from her father. On the afternoon of March 12, James and Helen Boyle left Sharon, with the avowed purpose of going to Denver, but they went directly to Cleveland, Ohio, and the next day under the names of Mr. and Mrs. Walters, rented a two room housekeeping suite at a quiet apartment house, paying two weeks’ rent in advance.-

On March 18, about ten o’clock a. m., Boyle decoyed the child from a school at Sharon, where he was then in attendance as a pupil, stating that he, Boyle, had been sent by the child’s father to get him so as to prevent the doctors taking him on account of his having smallpox, and he took him in a buggy to Warren, Ohio, where the child was induced to address a letter to his mother in Sharon, and to post it in a street letter box. This letter contained a demand for a ransom of $10,000, and gave instructions as to the delivery of the money to a Mrs. Hendrickson at Cleveland, Ohio. Boyle, accompanied by the child, arrived at the selected rooms in Cleveland during the evening of the same day, where the child was taken charge of by this defendant, who was disguised as a nurse, and having simulated marks of smallpox on her face. The lad was so secreted that no person was permitted to see him, and when there was any alarm at the door, he was instructed to hide in a closet in the bath room.

During the stay of the parties in these rooms, several letters were sent to the parents at Sharon. The ones written by the child were dictated by Boyle, and those written by Boyle in regard to the payment of the ransom and the return of the child, were dictated by Helen Boyle. Pursuant to the instructions contained in these letters, Mr. Whitla, the father, on March 22, left at a designated place (Mrs. Hendrickson’s store) in Cleveland, Ohio, a package containing $10,000 in paper money, which was to be called for by a Mr. Hays, and soon thereafter, James Boyle, calling himself Hays, came to this store and inquired for the package left for him, and received it.

That evening, Boyle and this defendant (who were known to the child as Mr. and Mrs. Jones) instructed him how he should go to meet his father, and Boyle went with him to the street where he put him on a car, with a note prepared by James and Helen Boyle to be shown to the conductor, reading, as follows: “Please leave boy off at Hollenden Hotel.” The father was there in accordance with the instructions contained in the letters written by James and Helen Boyle, and then and there recovered the child.

The next evening the two Boyles were arrested in Cleveland as they were leaving the city, and when searched at the police station, the $10,000, which had been left by Mr. Whitla at Mrs. Hendrickson’s store, were found secreted in the clothing of Helen Boyle. At the time of her arrest and examination, the voluntary statements of Helen Boyle, while not in the nature of a confession, related so directly to her participation in the crime from its inception at Sharon, that they became material evidence in determining her knowledge of participation and motive in the enterprise.

Without any inducement or coercion she voluntarily stated to the officers, “Now just think of it, I am the little frail woman that planned the whole thing, .... there will be hell to pay in Sharon to-morrow. . . . That kid’s eyes will be burned out with acids. . . . I’m the little woman that can get the money. . . . I’m not at all surprised at it, because we expected this when we planned the job. . . . You have got it on us, and got it right, and you have got the money; but I’m not afraid of their taking me back to Sharon, .... if they take us back to Sharon, they will have it on Buhl as strong as they have got it on us.”

There is no intimation that any other person was in any manner implicated in this crime, and every act of each of these two parties had an important relation to the .conduct of the other at every stage of the enterprise. To carry to a successful termination a crime of this character there would necessarily be frequent consultation and conference between the parties so that definite arrangements could be made as to many details, which must be accurately understood and provided for by the participants, hefore any overt act would with safety be committed by either. To secure the child would be but one step, and an unimportant one, unless arrangements were made for secreting and detaining him until the ransom should be paid. That every act of these confederates at Cleveland was a designed sequence of the plan arranged by them at Sharon, and that this woman was an important and necessary participant in this crime at its inception, was a reasonable and natural conclusion reached by the jury, in determining her guilty in manner and form, under this indictment.

The declarations of the woman in Cleveland related so pertinently to her knowledge of preexisting facts and conditions in Sharon, and her conduct there conclusively shows the understanding of each and both in regard to the reception, detention, and release of the child for the purpose of securing the very money that was found secreted on her person that they were convincing items of evidence.

In order to sustain this conviction, there must be found in this record sufficient competent evidence to establish the commission by this defendant of an overt act in Mercer county, Pennsylvania, but this overt act, however, like any other substantive fact, may be determined by any adequate proof.

A well connected train of circumstances is as cogent of the existence of a fact as any array of direct evidence. It has frequently been stated, that circumstantial evidence is, in the abstract, nearly, though perhaps not altogether, as strong as positive evidence: in the concrete, it may be infinitely stronger—all evidence is inore or less circumstantial, the difference being only in degree; and it is sufficient for the purpose when it excludes disbelief: that is actual, and not technical disbelief. The evidence adduced in this case recalls what was said in Commonwealth v. Kovovic, 209 Pa. 465: “These and other inculpatory facts and circumstances testified to not only indicated the appellant’s guilt, but seem to be incapable of explanation on any other reasonable hypothesis.” The very nature of the crime requires resort to circumstantial rather than direct evidence. A conspiracy may be proved, as other facts are proved, and parties performing disconnected overt acts, all contributing to the same result, and the consummation of the same offense, may by the circumstances and their general connection or otherwise, be satisfactorily shown to be conspirators and confederates in the commission of the offense. One party may allure a victim into a den, leaving it to others to effect a robbery, and all will be held equally guilty as confederates: Kelley v. People, 55 N. Y. 565; People v. Miles, 192 N. Y. 541 (84 N. E. Repr. 1117). Standing alone, some of the items of evidence might not definitely show a community of intent, yet each was an important link in the chain of circumstances which was designed, by these parties, to be misleading and complicated; and when taken together they clearly showed a design and understanding which could lead to but one conclusion. The fact that the woman was apprehended in another state, in charge of the place in which the child was detained, and made there her incriminating statements, did not change the character of her relation to the crime in Mercer county, though at the time the physical abduction of the child was effected in Mercer county, she was not personally present, the evidence conclusively shows a continuing purpose, through a definite series of acts, to aid, assist and abet James Boyle in kidnaping this child, with intent to extort money for his restoration to his family. While in Sharon, their acts and declarations relative to their financial condition, as well as to their destination were competent, as bearing on their identity and on the motive for changing, within a few hours their announced plan, and names, and their disguises. The jury was warranted in finding that what Boyle did on March Í2, was the reasonable and natural, as well as the direct and intended, result of their joint undertaking, and that, without this previous understanding in regard to the safe place in which to secrete the child while negotiating for the ransom, the whole project would have failed. This disposes of the case as presented by the question involved.

Helen Boyle’s offense as charged in the indictment, was complete in Mercer county, the case was fairly tried by able counsel, and was submitted to the jury in a clear and adequate charge.

After an examination of each of the assignments we fail to find any reversible error and the judgment is affirmed.

dissent opinion

Morrison, J.,

dissenting:

I am unable to agree with the majority of the court in affirming the judgment in this case. The first count of the indictment charged the appellant, Helen Boyle, with kidnaping and abducting William Whitla, a male child, from the county of Mercer, in the state of Pennsylvania, on April 7, 1909, and the second count charged that she did, on the same date and at the same place, aid, assist and abet James Boyle in kidnaping, abducting and carrying away the said William Whitla from the county of Mercer, Pennsylvania. While the indictment charges the abduction to have been on April 7,1909, the testimony clearly establishes that the child was actually abducted and carried away by James Boyle on March 18, 1909, and this fact is conceded on all hands.

The jury found the defendant not guilty under the first count, but guilty under the second count of the indictment, and she was sentenced to undergo imprisonment in the penitentiary for a period of twenty-five years.

James Boyle was tried and convicted under a separate indictment for kidnaping and carrying away from the county of Mercer, Pennsylvania, the said child, William Whitla, and he was sentenced to undergo imprisonment in the penitentiary for life. At the trial it was clearly proved and is a conceded fact that James Boyle and Helen Boyle left Mercer county, Pennsylvania, on March 12, 1909, and on the same day arrived in the city of Cleveland in the state of Ohio, and that Helen Boyle remained in that city and state continuously from that day until March 23, 1909. There is no pretense made by any one that on March 18, 1909, when James Boyle lddnaped and carried away from Mercer county the child, William Whitla, Helen Boyle was within the state of Pennsylvania. I understand the majority of this court to concede that to sustain the conviction of Helen Boyle there inust be found in the record evidence that she committed some overt act in regard to the abduction in the county of Mercer, in the state of Penn sylvania, and that is my view of the law, but I am unable to find such evidence in the record. Conceding that Helen Boyle was in Cleveland, Ohio, on the day of the abduction and for several days next preceding that date, I cannot see how she could have aided, assisted or abetted James Boyle in committing the felony in Mercer county. The offense of which she was convicted seems to be embraced in the word abet, and I do not understand that anybody contends that she actually aided or assisted James Boyle on March 18, 1909, in kidnaping and carrying away the child from the county of Mercer, in the state of Pennsylvania. This being so, did she abet him in committing this felony? The best definition I find of the word abet is: “In law, to encourage, counsel, incite or assist in a criminal act—implying in the case of a felony personal presence.” I find in the record no evidence supporting the charge that Helen Boyle either aided, assisted or abetted James Boyle in committing the felony in Mercer county on March 18, 1909.

It is true that it was proved that when arrested in Ohio Helen Boyle said in substance: “I am the little woman who planned the whole scheme.” But this planning might all have been done while Helen Boyle and James Boyle were in Cleveland, Ohio, during the several days immediately prior to the abduction. Under all of the evidence the jury could only guess as to where the abduction was planned. It was just as likely to have been in Ohio as in Pennsylvania, even if such planning was sufficient evidence of aiding, assisting or abetting James Boyle in committing the felony. But I am of the opinion that, even if the plan to abduct the child was made in Mercer county, between James and Helen Boyle, and they then left Mercer county and went to Cleveland, Ohio, on March 12, 1909, where Helen Boyle remained continuously until several days after the abduction, such planning, without more, would not be sufficient to convict Helen Boyle of the crime charged in the second count of the indictment.

There can be no doubt that Helen Boyle committed a serious crime in the state of Ohio in aiding and assisting James Boyle in secreting and holding the child until they received a large sum of money for surrendering the child to its father, but whatever crime she committed seems to me to have been in the state of Ohio, and she should be there tried and punished.

I would reverse the judgment and discharge the defendant without day.