Omaha daily bee., 1899-02-02
LAWYER GETS LAST CHANCE
Court Finds Technical Error in His Trial for
Embezzlement.
UNION PACIFIC TO INCREASE l1S STOCK
Some Important Real Estate Changes
Recorded and Six-StOry business
Block to He Erected On One
Transferred site.

DIES MONIES. Feb. 1.-(Speclal Tele-
gram.)-The supreme court today handed
down an opinion In an important case from
Lee county. In which J. F. Smith, a promi-
nent attorney OF Keokuk, Ia, was prosecuted
by the state for the crime Of embezzlement
Smith was convicted in the lower court and
appealed. His case is reversed on the
ground that the district Judge allowed the
Jury in the case to separate against the
written request Of the defendant. Judge
Waterman dissented from the ruling Of
the court. because the written request to
have the jury kept together was handed 10
the Judge privately, out OF court and with
out the knowledge OF the counsel for the
state and therefore the Judge would have
had no right to secretly consider the paper.
The story Of Smiths alleged crime is that
in the capacity OF an attorney ne made a
loan Of $4,000 for a woman, taking as secur-
ity a house and lot. When the loan be-
came due, the parties could not pay 1t. The
house and lot were sold for 81, 900, as Smith
alleged. There was a certain printing press
mixed UP in the deal and it was sold for
$3.50, which Smith is said to have pocketed
as the Dement'S Of the loan. The judgment
against him in the lower court gave him
the sentence Of three years In the p%eniten-
tiary. The reversal Of the case leaves the
way open for the state to bring a new case.
Other opinions: State Of Iowa against J.
F. Smith, appellant, from Lee district; re-
versed. johnson County Savings Bank
against Margery Carroll, intervenor, appel
liant, from Johnson district: reversed. J.
M. Ellis, appellant, against Joseph Leonard.
from Appanoose district: reversed. Clement,
Bane & Co.. appellant. against Drybread,
from Palo Alto district: reversed. Daniel
Gerberich against the City OF Des Moines.
appellant. from Polk district: affirmed. Nj.
J. Winch, appellant, against w. w. Bolton
and others, from Harrison district: affirmed.
Martha A. Beard against E.. l.. Guild. ap.
pellant, from Linn district: reversed. J. s.
Boswell against e. B. Ringland. appellant.
from Keokuk district supreme court: az;
firmed.
Union Pacific Increases Stock.
The Union Pacific Railroad company has
iled amended articles Of incorporation with
Secretary of State Dobson for the increase
Of it's capital stock to s27. AGO. 100. The fee
paid to the state for the filing Of these papers
was 81, 65O.5O which is the largest ever re-
ceived for the filing OF papers. The articles
did not specify as to what this money was to
be used for.
Younker Brothers today bought the three
STORY DlOCk Oh seventh btTeet. hHOWu DIS the
Meek block. for $25. 900. This gives the
Younkers the entire quarter block. They
will build over the whole tract a model
business block either Ave or six stories
high, to cost $4,000
One Of the finest residence properties in
Des Moines Is about to change hands. G..
w. MarQuardt has practically disposed Of
his brick residence on Grand avenue to
7 nwon Nh pntor1oin Snr coz mn Tho r,,r
chaser is one OF the Chamberlain Medicine
company. It Is stated that the transfer will
be made within a day or two.
The case OF the State of Iowa against
George Beresford Ernest Foyle is on trial
before Judge Bishop in the criminal division
Of the district court under Indictment on the
charge OF bigamy. The case was called this
morning and the entire forenoon session was
occupied in the selection of a jury.
This afternoon the first witness for the
state called was Emily Foyle. who testified
that she had known the defendant for about
twelve years: that she first met him In
London. England, where they were subse-
quently married July 4, 1888. She testified
that they lived together in London for a
time and afterward moved TO Chicago; that
about four years ago they removed from
Chicago to Omaha. where they lived together
until within the last two years. She tes-
titled that there has been as a result of
the marriage three children born to her.
who are now living in Omaha, and whom
she is supporting by her daily labor. At
the close of the direct examination for the
state County Attorney McLennan introduced
III evidence the certificate of marriage which
was performed In England. Attorney Nc
Henry for the defense offered objections 10
the introduction OF the certificate, but his
objections were overruled by the court. It
will probably take several days to reach a
deciaiop