Omaha daily bee., 1902-12-18
SUPREME COURT GETS BUSY
Passes on Six Criminal and a Number Of
Civil Causes Before It.
CONFER REGARDING STATES CHARGES
City of Ottumwa Asks state TO Help
IL out of Dilemma Arising
from Conflicting Court
Opinions,
CFrom a stan Correspondent

G'rom a stan correspondent
DIES MONIES, Dec. 17.-(Special. 1.-THE
Iowa supreme court delivered itself of a
number of opinions this morning. but none
Of them Of great Importance. There were
six criminal cases, half Of them being re-
versed and half affirmed, but in no one
was there any great principle involved.
In the case Of the state against Tip"
Blain, who was sentenced by Judge Prouty
to Ave years in the penitentiary for larceny
Of a saddle, the court found no errors in
the trial.
In two cases from Hancock county, II.
Williams and NJ. c. Conner had been sem
fenced to ten years ach for a holdup trick
on a train at Garner, when they got $40
from a man named Cummings. The court
refused to declare the sentence excessive.
C. c. Beird, a Keokuk printer, was In
dicted for murder of Captain A. w. Dundy
of Nauvoo, ILL.,, in a quarrel at midnight
in Keokuk during a street carnival. Dundy
was drunk and quarrelsome. Beird was
convicted Of manslaughter. The supreme
court found that the lower court had erred
in not allowing evidence as to the quarrel
some character OF Dundy, as tending to
show that he was the Rggressor in the
fight, and therefore that Beird might have
acted in self-defense.
In the case against Marion Trusty, con-
victed of rape in Winnebago county, the
court had failed to instruct as to included
o~ffenses, and this was declared to be a
reversible error.
In the case Of Charles Pasnau, from
wapello county, the appellant had been
convicted of assault with intent to commit
great bodily injury as one of a party OF
three or four who assaulted w. A. Huston.
He pleaded he was so drunk he could not
have known anything about what his pals
were doing, and could not have been a
party to a conspiracy. The court found
that the jury had not been fully instructed
as to the excuse Of drunkenness in such
cases.
In a case from wapello county. Patrick
Brady had been overseer Of the poor for
many years, and after he was out OF ONCE
suit was commenced against him to re-
cover for money which had been obtained
by fraud. He had drawn $7,953.41 from the
county to give to the poor and the county
obtained a judgment for S2,25O which 1t
was shown went to Brady instead OF to the
poor. Suit was brought to subject certain
property to the judgment, and the claim
was made that it was a homestead. The
courts have found otherwise and the claim
will have to be paid.
Conference of Superintendents.
The conference Of the executive heads of
the state institutions with the Board OF
Control today was we'll attended, all being
present except Warden Homes. Tn paper
which attracted greatest attention was one
by Chairman Cownie OF the board on the
question Of insurance of state property
He commended that the policy pursued by
the legislature OF not insuring is a wise
one; that it would cost the state more than
it is worth to insure, and that inasmuch
as the people of the state are as able as
the insurance companies to carry the burden
OF risk, they should do so. He would
favor an inspector Of the state property
as there is now under the board properly
valued at about IS 5000, 900, and he would
favor a sinking fund, from which imme-
date building could be done. In a paper
by Superintendent Rothert OF the dear
school he advocated the education OF the
detectives of the state as one OF the best
means Of preventing criminality. superin-
tendent Miles advocated the establishment
Of juvenile courts for certain classes OF
offenders in the state. Seymour Nelson
Of Chicago read a paper on landscape
gardening for state institutions. Some
consideration was given at the conference
to increasing the number Of inebriate hos
pitals. but no conclusion was finally
reached.
Deserter Brought In.
John Huddleston, a deserter from the
army, was brought to Des Moines from
| Ottumwa today. He is a young man whose
parents are poor and he is unlettered.
He deserted at Fort Casey in October from
the Seventy-frst coast artillery and re-
turned to Ottumwa, his home, and as soon
as he learned he was wanted gave himself
M. apparently hardly realizing his onense.
/ Letters from prominent residents OF OF
| tumwa were sent to the army oficers to
| induce them to be as lenient as possible
with the young man
New Iowa Savings Bank.
A new savings bank has been organized
and today the articles of Incorporation OF
the Unionville Savings bank were hled
with the secretary OF state. The capital
stock is $40, 900; ]. A Bradley, president;
! Noah Smith, cashier. other Incorporation
papers filed were: Cushing & McFadden
company, Dubuque; capital, 100000. Reps
& Jungk, incorporated. Cedar Rapids; cap
ital, $40, 900. Antiseptic Paper Casket com
pany. Missouri Valley, increase OF capital
stock from $40. 900 to $4,000.
Ottumwa Wants Helm.
Attorney General Mullan has been Of
hcially asked for an opinion in regard to
the waterworks dilemma at Ottumwa. The
| city council there is p%erplexed as to what
70 do in the conflict OF court decisions.