The Saint Paul globe., 1899-07-15

Six decisions came from the supreme
court yesterday, all Of them upholding
the action Of the lower court. except in
one instance, wherein judgment was mod
flied. Included among these decisions is
one in the celebrated case of J. H. South
all, formerly this city, who was some
months ago convicted Of having operated
extensively in government time checks
and who is now confined in the state
prison at Saltwater. The court affirms
the order of the trial court, and Mr..
Southall will be left to serve out his sem
tence of ten years. unless communication
can be brought about in some other man
ner. Following is the syllabus in the
case:
State of Minnesota, respondent, vs. ]. H.
Southall, appellant.
larceny (formerly designated as obtaining
money, etc., by false pretenses) under
subdivision 1. section 67O9, General Sta
tutes 1894, 1t Is not necessary TO use the
exact words with intent to defraud.'
Equivalent language will suffice. An al
legation that the defendant unlawfully
knowingly, ETC., and with an intent to
deprive the true owner Of his property by
means color and aid of certain false writ
ings and representations then and there
known to the defendant to be false
amounts to an allegation Of an intent to
defraud.
The crime was alleged to have been
committed in part by means of certain
false writings called time checks" Evil
dence that defendant had circulated other
similar false time checks, which he knew
to be false, was competent as tending to
prove guilty knowledge and criminal In
tent in circulating the checks by means
Of which the defendant committed the
crime charged.
The false representation need not be
where committed
means of false writings offering the paper
for sale or as security for a loan Of money
may of itself amount to a false represen-
tation. Where the crime is committed by
means of a false writing 1t is not neceS-
sary that the writing is one which, if
genuine would be of legal validity
Neither is it necessary that the false
pretense or representation should be one
which was calculated to deceive men of
ordinary intel igence or business pcud nee.
A false pretenSe or representation is to be
weighed by its effect; and one calculated
to deceive or defraud the weak and
ignorant is as obnoxious to the law as
one adopted to deceive the strong and in
telligent. Order affirmed. Mitchell, J.
Another st. Paul case decided was:
National German-American Bank Of st.
Paul, appellant, VS.. James G. Lawrence
and Alice G.. Lawrence, respondents.
Syllabus-In an action against both hus-
band and wife by judgment creditor of
the husband to enforce a resulting trust
against the land Of the wife for the pay
ment of the judgment on the ground that
the consideration for the grant to the
wife was paid by the husband. Neither
the husband nor the wife can be examined
as witness for the plaintiff without the
consent of the other spouse.
The husband although not a necessary
party is a proper party to the action and
has certain direct and immediate in
terest, If not in the event of the suit it
self, at least in the record as an instru-
ment of evidence for or against himself.
General Statutes 1894, section $685. per-
mitttng the. examination of an adverse
party as If under rosS-eXamination did
not change the aaW as to the competency
of witnesses.
The declarations of husband and wife
are subject to the same rules of exclusion
which govern their testimony as wit
nesses.
The main fact that one spouse .avails
himself or herself Of the statutory pri-
VtIege of refusing to consent to the ex-
animation Of the other spouse as a wit
ness constitutes no ground for the courts
instructing the jury that they may take
that fact into consideration as tending to
raise the presumption that the Testimony.
If given, would not have been favorable
to : the non-consenting spouse. Order
affirmed. MITCHELL J.
Other findings were:
Julia Schrepper. respondent VS.. Rock
ford INSURANCE Company, appellant Judg-
ment modified. Mitchell, J.
State ex rel, The Minnesota Threshing
Machine Company, relator, VS.. District
Court of Meeker County, Mimi, Hon. Cor
ham Powers, Hon. G. E. Ovale, Judges of
the District Court and Fl. S. Angel, Clerk
of District Court of Meeker County, re-
spondents. Writ issued. Mitchell. J.
George Beatty and James Beatty, CO.
partners as Beatty Bros. respondents. VS..
The Howe Lumber Company, appellant.
Order affirmed. Buck J
Alfred scheffer and Rudolph Rossum.
co-partners as Scheffer and Rossum. ap-
pellants. vs.. James Lowe, respondent
Order affirmed. Buck, J.