Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1853-08-17
b r T E r

49, - Payee OF the note made at the time tn
note was executed referring to the note Is prop
erly admissible,to show the nature of the tran
action between the original parties.
I'd. demand Of the furniture in sue
cases is necessary to enable the plaintiff to re
cover. and credit. by endorsement on til
back ofthe note for part payment, is not of i,
self, evidence of a demand.
Absolom Montgomery 9Th d, Jackson Co.
tn. State 81 81 1ow, Writ Of Error. Rever
Trial for Murder.
Decided, In criminal cases the jury by whicl
the indictment is found must be selec. ed, con
voked and sworn according to law.
End. A Judge has no power to continue owe
agrand jury which had been selected and sum
moned by virtue of the Revised Statutes. afte1
the Code took effect; and bill OF indictment
found by such grand jury, so continued over
is without authority Of law and void
Sd. 1t is illegal for sheriff to erase from :
venre for apetit jury, the names of jurors
who had been legally drawn, and inser, and
summon others in their stead. A conviction
for criminal offence by jury thus summoned
is illegal and for this, new trial should be
granted.
| 4th. It's error for the District Court to al
low witnesses in chief on part of the pro secu
ton, whose names are not endorsed on the
give evidence on the trial before the petit,
jury.
9Th. Declaratibns Of person, who is in a
dying condition, may be received in evidence,
if il be made to appear that such person at the
time they were made was in his right mind
aud sensible Of approaching death.
9th. 1t is error for The court to instruct the
jury that "if they believe that the deceased
person declared tina. the prisoner shot him, it
would be their duty to find him guilty" 1t is
for a jury TO believe or disbelieve the truth of
such declaration, taken in connection with all
the testimony adduced upon the trial.
It'll. The instructions of the court to the
jury, in criminal case, should give the pris-
oner reasonable doubt as to his guilt.
John G Smith, J sh D Jackson COUNTY.
John Carroll, ss Reversed
Decided That fence is part of the realty
and attaches to. 1t, although not fastened by
stakes or otherwise, in the ground.
Lemuel Foss, ] sth d. Muscatine Co.
rn,m.. 4 i: 1..,.. Appeal: Reversed H.
Decided That il is essential to the writ of
attachment that it be issued under the seal of
the court, and if not so issued, it should be
quashed as illegal.
End 1t is error for the District court to per-
nit, on the trial, an amendment to be made BY
afixing the seal.
Adam Smith, 9th D. Appanoose county.
rs. I Writ Of Error. Reversed.
The State Of Iowa
Decided LIST, In criminal case it i. error for
the court to permit a witness to testify on part
he prosecution, in chief, after the defendant
losed the testimony for the defence.
names of all the witnesses who are to |
Hed in chief to sustain the accusation
ease, Should be endorsed upon
ictmen.. If witnesses be ex.
n eAiaf, who have not been
eround for q new
u day Of Septem.
The second academic
Oh. the Board take pleasure
gvident tokens Of Divine favor
II enterprise has been crowned
year. In view of the fact that we
hut just waking into existence, our pros.
Dty has exceeded our proudest expectations.
Among the seventy one students reported in
,ur catalogue we have thirteen young men of
'iety aud promise, who are pursuing thor
,ugh course of study with the Gospel Ministry
n view. and since our commencement one other
,as been received making in all fourteen.
The education of young men for this office
vas the grand purpose for which this enter
,rse originated, and we can but look upon
he above fact as evidence that God is disposed
o second our undertaking. Our location six
cen miles North Of Burlington and near the
Burlington and Louisa County Plank Road,
efficiently near the great thoroughfare of
western trade and commerce for the conve-
,ience of the students, and yet sufficiently re-
note to exempt us from the peculiar dangers
md temptations incident TO all our river towns
We regard as peculiarly favorable.
The department of ancient and modern Ian
,iages and natural and moral science will as
heretofore be under the supervision of Rev.
Iames NJ. Philips. and the department Of
mathematics under the supervision of Professor
Y r. Leonard. 1t is due the patrons Of the
to say, that the Board have increasing
in the Religious influence, scholar
hip and aptness to impart instruction, of our
Professors and are of he belief that the expec
atoms of those who may place their sons and
daughters under their care will not be disap
pointed.
For further particulars address Secretary of
he Board at kossuth Iowa.
Papers friendly to the cause of education
''ease copy.
By orler of the board.
II. LEONARD Sec.
The Galphims-By a Wing.