Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-01-24
THE 'C0YNE'CASE.
ssEI1 "6 ..s"IE 04tas '.s"a~.s
Full Text Of the Supreme. Court
.o ,n al Ruling ,sr n'.arn
what the Highest Tribunal of ne
state says Upon me, Noted sGborna-
ton or Perjury PrOceeding---Eset
trtI ilttn f4tusTfu5 I4.,t s -HtfffHt4H.
versed and Remanded.

-
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+ ntf'h'iL'' 'D"sensF' emu VI 'He ooun
iseh toFthe d6tfnsehn Tue Coyne suoorna
toni of pepiuny roase-in which the de,
oision Of ,hs loUer court in which Covnp
was '"ou ''u'0u 'NN ''"'e Do'' ~ WV S'''''
and half IN the pehllenuAry' was re-
yersed by the supreme court-has re.
ceived the full text of the supreme
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.ment, both because Oh the peculiarly oil
the legal form Of the case and the public
interest manifested in it. Tue supreme
oou-,,s dscisio, in fnlI 10 o,nan5ed 7,
00''
Is "rll'eh ny Jus''oe h'E' uue''
Plaintiff in error was indicted by the
grand jury of Rock Island county at the
Seplembtr term, 1856, of the circuit court
of that county, for endeaVoring to lnclte
and procure one Margeretha FIuegel to
commit perjury The case was tined al
the following January term, and the
plaintiff in error was found guilty by the
jury. His term Of imprisonment was
liked at two and II half years in the peni-
tertiary and sentence was passed against
him in accordance with the verdict.
On the goth day of June, 1885, George
Il. Maish commenced an attachment suit
in the circuit court of Scott county in the
state of Iowa, against Henry Fluepel,
alleging an Indebtedness due from Flue'
gel of S4,Ol3.S9, and that he was mons
resident of Iowa. The attachment writ
was levied upon farm in Scott county,
Iowa, called the "Wapsie farm" This
attachment suit was afterwards tried be-
fore jury in December, 1885, and a
verdict was rendered in favor of Fluegel
and against Maish. and in March, 1886, Il
new trial was refused and Judgment en-
tered on the verdict.
On the same day on which the attach.
ment proceeding WAS begun, petition
WINS filed IN said Scott county circuit
court in Iowa, on the equity side thereof,
against Henry Fluegel and plaintiff in
error, William L. Coyne, setting up the
attachment proceeding and the levy upon
the Wapsie farm, and alleging that the
Wapsie farm was in truth and in fact the
property of Henry FIuegel; that on De-
cember 8, 1884, Fluegel had made deed
of the farm to CoynG for the purpose of
hiuderng, delaying and defrauding his
creditors, which deed was recorded on the
day of its date in Scott. county, Iowa,
that there was no valid consideration for
the deed. and that FIuegel made it with
the intent to place his property beyond
the reach of his creditors; that Coyue
held the land in trust for Fluegel and for
the purpose OF helping the latter defraud
his creditors and that they were about to
make sale of it, etc. The petition prays
for an Injunction against the sale, and
that the deed be set aside ard cancelled
and the land subjected to the payment of
the debt of Maish. On October 81, 1885,
Coyne and Fluegel filed demurrer to
the petition, which demurrer does not
appear to have ever been disposed of
The deed Of the Wapsie farm, which
Henry Fluegel and Margaretha Fluegel,
his wife, made to the plaintiff in error on
December 8. 1884, recites that 1t is made
subject to a mortgage of 81, 900 held by
one Quinn, the payment of which plains
tiff In error assumes. 1t is claimed by
plaintiff in error that he purchased the
Wapsie farm of Henry Flucgel in good
faith. and paid him therefor BY deciding
to his wife, at his request, a house and
lot on Eighteenth street in the city of
Rock Island, at SO, 700, by surrendering
a note against him for $500 and claim
against him of $500 for services rendered,
and by assuming the mortgage for 81
600. A deed, dated December s, 1884,
was made by Coyne to Margaretha Flue-
=. / L..
deed recites that it is made for corsid>
Grafton OF IS 900 and subject to a mort
gage Of 500 held by one Eve McKinslry,
the payment of which is not assumed by
Margaretha Fluegel, the grantee in the
deed.
Plaintiff in error was indicted and tried
and convicted upon charge of endea
voring in Rock Island county, Illinois, to
incte and procure Margaretha Fluegel to
appear as witness, on the trial in Scott
county, Iowa, of the said equity cause of
Maish VS. Fluegel and Coyne, or on the
taking Of proof in said cause, on behalf
of her husband and Coyne, and to swear
that the conveyance of the Wapsie
farm by her husband to Coyne was Il
right trade" that is to say, valid and
bona f1de transfer, and that Coyne gave
to her husband for the farm the note for
$500, the claim for $500 and the house
and lot on Eighteenth street valued al
50, 600, and assumed the mortgages for
81, 600 and 500
The Indictment charges that the deed
of the Wapsie farm was made by Fluegel
without consideration aud to hinder and
defraud the creditors, and was not a good
and valid trade, and that the conveyance
of the house aud lot by Coyne to Fluegel
was not made for the consideration of
So, 700, but was merely conveyance in
trust, and that Fluegel did not owe either
the $500 or the 5000 and that Coyue did
not assume the payment of the So, 900,
etc, and that all these facts were well
known to the said Coyne, etc.
Tho ,r,secutiop in Tho casa WOO cOn