Omaha daily bee., 1902-02-07

ana mat the writ prayed should be de-
New Trial for james Leo.
The court reverses the decision Of the
trial court by which James Leo was con-
victed In Douglas county for robbery from
the person by putting in fear and intimi-
dating the person robbed. The opinion is
by Judge Holcomb, who. in the syllabus,
says:
"while II is the right Of the trial Judge
to interrogate witnesses when essential to
the administration Of Justice, yet the prac-
tice Of SO doing. except when absolutely
necessary. should be discouraged. The
common law rule comforting arbitrary power
upon judges has been so far modified by
the code as to greatly limit this power.
and In case OF It's abuse a reviewing court
would not hesitate to give a new trial to
the injured party.
Held, as disclosed by the record. there
was an abuse Of discretion by the trial
court in lnterrogating different witnesses
during the trial Of the cause, which was
prejudicial to the rights Of the defendant.
while a police oficer was on the witness
stand in behalf Of the prosecution the as
sistsnt prosecutor, after an objection to a
question propounded to the witness, stated
= W9hN w ahO Nhah Nv INV WANhDaol -
known him (the accused) a long time, and
had him under observation for other Jobs.
And also on the cross-examination Of the
accused. who testified as a witness In his
own behalf, asked him: Have you ever
been arrested before?' Have you ever
been convicted of a crime7' Isn't II a
fact, Mr.. Leo, that you have served time
In the penitentiary In the state OF Ne
braskaf'
Held, there being no competent evidence
Of any prior conviction Of a felony. that
such action is unwarranted and preiudi-
cial to the defendants substantial rights,
for which a new trial should be granted"
Opinions Delivered.
The following opinions were delivered at
the adjournment OF court this afternoon:
solt against Anderson. judgment of af-
Gated, Judgment of district court reversed.
Poc5in against Knobei. Af,rmed. Kirk
ST. Andrews Church Of Teoumseh against
Sh~aughnessey appeal case). Afnrmed'
a against Union stock Yards Ma
tiona bank. Affirmed. Pound, C.
Swift & Co against Rleise. Reversed
Derr against Berquist. Reversed. Hol-
M~cNaughton against Burke. Anirmed.
HesseIgrave against State. Reversed.
Williams against Parks. Reversed. Hast
bradbury against Kinney. Reversed.
Of plaintiff d n for the a amount nt't u mortgage
and interest from August !, 1888. Hast
lincoln against Janesch. Ahirmed. Sui
Ivan. G. ]. Holcomb, j., concurring In
Judgment of af1rmance.
Hobbs against warman. Affirmed. PEI
Williams against Taylor. Ahirmed. Hol-
comb, ].
Raymond against shriever Bros. AZ
Thomssen against Hall County. Afirmed
kirkpatrick. c.
Church Reversed and cause dismissed
County Of Hall against Thomson. AT
Cass County against sarpy County. Re
Leo against State. Reversed. Holcomb
Providence Washington Insurance Com
pany against Weston. Afhrmed.. Day. c
Iowa Savings Bank against Frink. For
mer judgment adhered to. Albert, G..
Pratt against Galloway. Former tudg
ment adhered to. Oldham. G. Pound, c.
c~oncurring in separate opinion. /.
Magruder against Kittle. Affirmed. Duff
Stuii against stull. Former judgmen
adhered to. Oldham. C. Pound. c., con
curing In result. files separate opinion.
g " Glessners Co aea1 Ferme Mar iudem euthR ad
hered to. Pound. &C. .l n
State against Bloomfield State Bank
Former judgment adhered to. Oldham. C
Pound, c., concurring in a separate opinion
Western Mattress Co.. against Potter
FG g9%S s JUDGMENT s sShsred G "a RSrnd kf Fl
Brown against HOughton. Affirmed. Kirk
Herdlitchka against Foss. Affirmed
Bourne against o'Connor. Affirmed
Deering against Kohout. Affirmed. Duf
Marferding against Jones. Affirmed. Al
Fidelity and Casualty Co. against Fiel
Axthelm against Chicago. Rock Islam
& Pacific Railway Co. Affirmed. Hast
Reed against Mott. Affirmed. Barnes. {
Peoples Buildings Loan and Savings AS
sociation against Palmer. Affirmed. Pound
Peoples Building. Loan ana Savings AS
sociation against Welton. Affirmed. PounC
Peoples Building. Loan and SAVINGS As
sociation against Backus. Affirmed. Pound
c.. Oldham, c.. concurring In separat
ISOLATION. against carrtcker. Affirmed
t owens against South Omaha. Reverse
! and dismissed. Ames, c..
6hanahan against South Omaha. Re
versed and remanded to trial court wit
directions to grant writ of mandamus, a
Dodd against SHELTON. Amrmed. Dui
Cornell against Kline. Affirmed. Day, {
Ftnney against Gallop. Anirmed. Dui
4 Northwestern College against shreel
Affirmed. Hastings C..
Loan and Trust Savings Bank agains
Holcomb Bros. Affirmed. Day. c. Ho
comb, j., took no part in the decision.
Security Investment Co. against Lot
fridge. Affirmed. Hastings, c.
Lombard against Pasusta- Affirmed
WINSTON against Moore. Anirme,
Mockett against Boston Improvemer
Co. Affirmed. Day. c.
State ex rel Plattsmouth Telephone c,
I against Fawcett Writ denied. Albert. {
Plans for Third Regiment.
Brigadier General Barry and Colone
Hayward and Archer. were in Lincoln I.
day considering matters "~sirtive to the NJ
braska National guard. Plans for the OF
ganization for a third regiment were dil
cussed and all decided to give Generi
Colby their hearty support in the NOV,
ment.
| Certificates for Physicians.
The secretaries OF the State Board
Health TONIGHT concluded their MONTH