The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1859-01-11
From no Dcs Mones CitiseH.l
supreme Court OF acknowledgements
Term, 1893.

Carroll rs. Reddington--Appeal from Lee
county; reversed.
l. In proceeding in the District Court,
by civil action to foreclose mortgage, u -
error for the Court to decree stay Of ex-
ecuton upon the judgment of foreclosure
the mortgage is entitled to his execution at
once.
McCarn & Scott Us. Rivers-Appeal from
Jonson county reversed.
/. Where the plaintiffs filed their petition
and obtained an attachment thereon, TO which
demurrer was fled and sustained, and the
plaintiff then obtaining leave and amended
their petition by more completely setting
forth their original cause OF action, wherup-
on defendant moved to quash the attach
ment, which was sustained by the Court be-
low held that the motion to quash should
have been oyerruled.
The State of Iowa Us. Reddout and Nash
Appeal from Lee county reversed.
/. The act approved March %, 1858, wide
session acts 1858, page $50 to authorize the
holding a special term OF the District Court,
in the city of keokuk, for the purpose OF
trying of criminals, authorized the empanei
ing of grand jury, and the doing OF all
that is TO be done in criminal cause from
its inception TO ITS termination, or until maj
| Judgment is pronounced Where the Legs
lature gave the power to try, II gave every
other power necessary and proper Tor
| the accomplishment Of the object proposed.
| 2. On an application for change OF
venue on the alleged ground of excitement
and prejudice OF the people, where nm equal
number of affidavits were made pro and con
and the District Court overruled the appica-
| ton, il was Held, that as the nffidavits
! H. 4. ariY n If "a
/ negative character, and as they contained
nothing tending in any degree tolmpeach the
the good faith of the application on the part
of the defendants, the change Of venue should
have been granted.
! 5. Where the defendants were comparative
strangers in the community and State where
they were arraigned for trial, SO shortly at
ter the alleged offence as not to have had
time to procure testimony which they were
advised as material, and applied for con-
tinuance TO enable them to take testimony il
Illinois and New York, TO prove that before
their coming the alleged offence was com.
mi,ted, their general character for integrity
and uprightness had bean unexceptionable
which motion was overruled by the Distric
Court; it was held that the continuance shoule
have been granted.
4. Where two defendants jointly indicted
are granted separate trial, the prosecuting
attorney has the right to decide which shall
be frs, tried and the affidavit of the defen
dants that no such case would be made on
against one, as would leave any doubt of hi
innocence Of the charge, and the importanc,
Of that one as q witness for the other to es
tablish his innocence, cannot interfere will
the right of the prosecuting attorney Il
choose which shall be first tried.
5. The reversal Of n cause, for the erro
of the District Court in refusing change 0
venue and overruling motion for contin
uance, will not entltle the party to the chang
OF venue or continuance on the return Of th
cause, bu. they must, ii desired, be mad
anew for causes in existence at the time the
are again made.
6. The declaration Of wounded man sine
deceased, in the presence Of the defendant
are proper to 20 to the jury for the purpos
! of introducing and explaining the conduct q
the defendant, irrespective Of the fact tina
the wounded man was then under the appre
hension of death.
I. The admission of the evidence Of "dy
/, , ing declarations" is not in violation of th
provisions of the Constitution, which de
clares that Sin all criminal prosecutions tn
accused shall have the right to be confronte
, with the witnesses against him.
!, 4. Before dying declarations can be al
: mitted in evidence, il must first be show
!, that at the time they were made, the d.
: clarant WAS conscious of the peril of b
!, situation, and believed that his death was i'm
pending.
8. Ii is not necessary to be shown that
: the time the dying declarations are mad,
: the declarant wasshn1sr the apprehension
immediate dissolution. or that he should hay
; been IN arttculo morris, it is sufficient il
!. believes his death is impending and certain
The length of time elapsed between the d,
> claration and the death of the declarant fui
nishes no rule for the admission or reiectio
of the evidence; nor will declaratio
which is competent evidence when made,
rendered incompetent by subsequent rev
val Of strength in the dying person.
10. The appearance and conduct OF the d.
PENDANT when told that the police Office
: were inquiring for him, is competent CIV
: dence against him.
Ill. Where answers in deposition, al
. not responsive to the questions, they ms
properly be suppressed, on motion.
u. Upon the separate trial OF one Of tv
: defendants, jointly indicted, his CO. defent
. ant, until he is discharged By order Of II
:. bCourt l1oaen -5st ], Is MOI competent WI
= ness for him.
Is. Ii ia not error for the Court to il
= struct the jury that they were s'to judge i
: ing declarations as they do other evidence
: and that .'the dying declarations OF pers,
: who has been killed, made with regard to Il
= circumstances that caused his death, are
: be received with the same degree of cred
as other testimony.
Ia. Before the acts or declarations OF one o
> lodged conspirator san be given in eviden
against another, foundation must first be la
:. by proof, sufficient in the opinion Of i
= Court, to establish prina .fdcie the fact
: conspiracy between the parties, or prop
!. to be laid before the jury, as tending to G
= tahlish such fact.
ID. 1t il not error, in trial for murd,
y for the Court to instruct the jury that s
= the whole evidence taken together, produc
such . conviction on the mind OF the jul
= Of the guilt Of the prisoner, as they wou
.. q act upon In . matter OF the highest impo
= tAnoe to themselves in like case, it was til,
!. '. duty to convict
- 16. II . defendant was actually preseu
]; aiding Or Abstting the murder, or II he v
= constructivsly present, by performing
paft ia An unlAwful and felonions cnterpri
! expected to result 10 homicide, such us kes
- ing watch at distance 70 prevent surpri
Il, or the like, and the murder was commit