The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-07-18
THE COURT RECORD.
Supreme Court-Juiy II.


hon William E. Niblack.. Chief Justice.
CRIMINAL LAw-PooR PERsoN-JURoR's OPINION.
Joseph Stout VS. The State. Parke c. G.
Niblack, G. J.-Appellant was prosecuted for
murder and sentenced to death. The hills of ex-
ceptions properly in the record Under the
provisions of section 260 of the present code,
when a nisi prius court admits a lligant 10
prosecute or defend as poor person, the prlVl-
lege extends to all the subsequent proceedings
in the cause including appeals to this court, I'M
less revoked. Pence, on being Questioned AS TO
hls qualifications as Juror, sald ne hhd formed
All opinion as to the merits of the cause from
reading the newspapers and talking with ms
neighbOrs but had no personal knowledge OF the
case, ana dld not Know any OF the witnesses OF
parties; that he had no bias or prejudice against
the defendant, and thought he could give him II
fair trial upon the law and the evidence; that IL
might require some evidence TO change the
opinion he had formed, hut If the facts as shown
by the evidence should prove he differ
ent from the statements upon which he had pre-
dictated his opinion he thought his opinion would
not influence his verdict. Two other jurors an-
swered In a similar manner. Touching tne com
potency of jurors in criminal cases, the present
code is much more liberal than that of 1882.
Under sec. /, 1913, p s. 1881, judicial dlscre-
ton Is conferred upon the court TO judge OF the
qualifications of jurors, and there Is nothing dis
closed in this case from which an abuse of such
discretion can be inferred While the answers
OF Pence were not positive aud explicit as
might have been desired, taking them all to-
gether they afforded n reasonable assurance
that he was both able and willing to render an
impartial verdict. Jones The State, Cent. l.
j. May 20, 1888, 400; "A N. Y, 277) The CUES
the jury is one which rests largely III the discre-
ton of the court, bpt there is exception TO
the general rule that the court may permit the
jury to take with them the pleadings in the cause
which necessarily includes the Indictment ana
all the papers properly attached thereto IN ii
on Juries, sec 1917 No just complaint can be
made of the Instructions given in the cause.
Judgment affirmed,
TELEGRAPH CoMPANIEs-sTATUToRY PENALTY.
10,o4l Abraham Carnahan VS.. The Western
IIntnn atahT ,1tat,a RAJ fot,f
Elliott, J.-Ihls action was by appellant to re-
cover the statutory penalty for failure to trans
NIT a Geographic message. The message was
delivered to the company at its office In Fair
bury, ILL.,, to be transmitted to Oxford, Ind,
where the appellant lived The right which APP
pellant seeks TO enforce Is the recovery OF pen
atty prescribed by statute for a breach of du;y
Suon statutes have force beyond the terrific
rial limits OF the Srate where enacted. t72 Ind
221; 27 Barb pa; 23 n. Y, 465; 10 OHIO ST..
1919 The right to recover The penalty rests
upon the ground that there is a valid contract,
tract is made. go Ind, 1S1; 81 i'd, 37ll The
right accrues at the time and place of delivering
the message for transmission, and the statute
apples only to contracts made In this state
Any other rule would make the tele
graph company amenable to different pun
lshments for the same wrong, for if the wrong is
punishable by the law of the place whore the
contract is made it would be no answer to Il
prose cution there to plead Judgment rendered
In ANOTHER forum and under a different law.
Judgment affirmed.
ANT-LAPsE.
1926. Nancy A. West VS.. Thomas Y. West ct
al. Greene c. c.
Hammond. 1.-THE resduary clause in the will
OF Edward West was rs follows 81 will and be-
queath all the residue of my estate, real and per-
sOnal, to my four brothers manning theml, the
same to be shared by hem equally" Jeremiah
West, one of the brothers died before the testa-
tor, leaving wife and child. The testatOr at
his death, left neither wife nor child, nor father
nor mother. The general rule is that where the
iegatee dies before the testatOr the legacy lapses
u Red. on Wills, p. 157 80 Ind. 329.) The only
/ nv lfinpi in HE Er.. Ar. .
jeremiah descendant of his brother the
devise to him did not lapse but went to his
heirs. But the word "descendant" used
IN said section does not apply to a brother of a
testator but only to a lineal descendant, as a
child or grandchd. Is Gray. 101; 50 Ind, 14l;
AZ i'd. $40; rs i'd, 1879 When Jeremiah died
before the testator the devise to him lapse, and
nothing vested in the appellant by virtue OF the
viii. At common law lapsed hequest of per
sonal property went to the residuary legaIee
while apsrd devise of real estate went to the
heir "A Kent Com, SAL; 16 Am. Dec, IS; %
this State. (See Sec. 2,567, K. s.; 70 Ind, 1879
The lapsed devise of the real estate in contro-
versy to Jeremiah West vested in the other
brothers residuary devisees. Judgment af-
firmed,
The fOllowing cases were also decided, of which
abstracts Will be gwen tomorrow:
Martina Prather Western Union Telegraph
Company, Bartholomew c. c. Affirmed. Howk
j.
John G. Earl va. Oscar A. Simons. Porter c.
g. Affirmed. collars, j.
Stumph VS.. Bruner. Marion 8. G. Rehearng
Water VS.. Bacon. jefferson c. c. Rehearing
denied.
The court then adjourned until September Is.