The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-29

OF misfortune preventing tue plaintiff
in this action from prosecuting his ap-
peal.
SYLLABUS.
Opinion by Burwell:
made-Loss Of Same VIII Not
Excuse Failure to Appeal
when party TO a suit takes time
in which TO prepare ana serve q case
made for the supreme court. and his
attorneys. within the time allowed by
the trial court, make and serve such
case made on the attorneys for the ad-
verse party. and the case made so
served is lost and no explanation Is
made in the petition for new trial az
to how such loss occurred other than
it was mislaid and lost without the
fault Of the party or his attorneys, ana
the petition for new trial contains no
Of such loss, but alleges that
his attorneys neglected to have his
case made settled and signed by the
trial judge within time. and neglected.
to appeal within one year after final
Judgment, such loss and negligence Of
the partys own attorneys are no excuse
for not perfecting his appeal within the
statutory time and do not constitute
such unavoidable casualty or misfor-
tune as would prevent him from prose
cutting or defending or as would entitle
him TO maintain suit for new trial uu.
der section 5SS Of procedure clvil OF the
1893 statutes Of oklahoma
False and Perjured Testimony Neg
igence Of attorneys -Petitlon-Demur-
err
False and pcrjured testimony win
not excuse partHfrom n judgment
after a new trial has been denied; nor
can such party maintain suit for
new trial after he has permitted hls
time TO appeal to 80 by without per
fecting his appeal. especially when he
has no excuse except the negligence OF
his attorneys and the unexplained loss
VI HiH Ndo'-ihautt anu ptttioh lhl
new trial which alleges no other ma
terlal fact, is not good. and a general
demurrer thereto should be sustained.
THE Judgment Of the lower court is
affirmed and Judgment rendered
against the plaintn IN error for all
costs in this action. The clerk Of this
court viii issue a mandate to the court
below in conformity herewith"
All the justices concur, except Nc
Aztec. who presided at The trial below,
not sitting
LAND OFFICE PERJURY CASE
Herman C Patzwald. Plaintiff In Error
Vs.
United States. Defendant Ia Error
Herman C. Pantzwald was. on the 9Th
day Of January 1895. Indicted By
United States gra0d jury IN the district
court OF Oklahoma county for the crime
Of perjury. alleged TO have beer COM
mitted in the United States land office
at Oklahoma City in said county. while
testifying in a land office contest case
on the trial the jury returned a YER
dict OF guilty. After the usual mo-
tions he was. by the court, sentenced
to serve term OF three years IN the
penltentiary Whereupon defendant
appeals to this court.
SYLLABUS.
Opinion by Burwell;
Criminal aw-Reasonable Doubt
Defined
"The trial court instructed the jury
that: you are further instructed
that the reasonable doubt. which en-
titles an accused to an acqultal is a
doubt Of gunt reasonably arising from
all the evidence in case.
The proof is deemed 10 be beyond a
reasonable doubt when the evidence is
sufficient 10 Impress the Judgment OF
ordinarily prudent men with convic-
ton upon which they would act with
out hesitation In their own most I'M
portant concerns and affairs Of life.
]
III after a fun fair and Impartial
consideration Of an the evidence in tn,
case. the Instructions OF the court ant
the argument Of counsel you can say
and feel that you have an abiding faitf
OF the truth Of the guilt Of the accused
then You are convinced beyond a reas
enable doubt. ggHl
Held 20 not properly state the law
and even though the first two sentences
were a proper statement Of the law. th
last claim stated different rule an,
may have mislead the jury
"The judgment Of the lower court &
reversed and new trial granted 70
which the cause Is remanded TO the dis
trlct court.
THE warden Of the United State
lpenitenuary win deliver The said Her
man C. Patzwald 70 the United STATE
marshal for Oklahoma, If connened 3
said penitentlary 20 be BY him. n
said marshal. held to await she furthe
order and judgment Of the d!stllo
court OF Oklahoma county"
An the Justices concurring exeoep
Bnrford who was counsel 80 the cas-
not sitting.
ANOTHER VOLUNTEER Dls
Boston. Aug. a-one more death q
/