Omaha daily bee., 1903-04-09
MANY CASES ARE REVERSED
su rem' Court at Adjourned Session Hands
Down Many Opinions.
CHANCE FOR TWO CONVICTED OF MURDER
Prosecution of Prof. pike Likely to
Be Dropped, Provided He VIII
Not start Damage
suits.

- SNoAA
DIES MONIES, April s.-(speclal)-The
Iowa supreme court held a session today.
adjourned from January, and delivered a
number Of opinions in appealed cases.
Among them were a number of criminal
cases and the proportion Of cases reversed
was unusually large. In the case Of the
State against Jack Phillips, from Wapello
county, the court was compelled to pass
on an unusual question. Phillips was town
marshal at Eldon and made an arrest Of
Clarence Debard, who was drunk. Debard
would not travel easily and the officer
struck him with his club and repeatedly
struck him over the head. Debard's skull
was cracked and he died and Phillips was
indicted for murder in the first degree and
convicted Of mansulaughter. On appeal
the case was affirmed, but on rehearing
a new question was raised and It was shown
that at the post norton examination of
Debard it was shown that his skull was
abnormally thin. 1t was therefore con-
tended that it was. the thinness Of his
skull and not the severity with which he
was struck that caused his death. and the
court goes so far as to at least admit
that this question shoG1d have been turned
over to the jury. The case is reversed on
the ground that this defense was proper
and was not properly Given to the lury.
in the case Of the State against w. w.
Ames, who was convicted at Dubuque of
embezzlement, there was reversal because
the Indictment was brought under one Sec
tion OF the statute and by the instructions
of the court the conviction was made under
an entirely different section But the
evidence in the case is also reviewed and II
is pointed out that there was no embez-
element in fact. Ames was engaged in
winding up the affairs Of a building and
loan company and had trouble with a GER
tihicate holder, who brought suit.
Did Not Perfect Appeal
The case of NJ. @. Clemens of. Union, who
was indicted for murder in the first de-
gree and convicted of manslaughter, was
easily disposed Of. The court found that
there was no proper appeal, no indictment,
no judgment nor notice of appeal; but
taking the statements Of the lawyers at
their face he was properly convicted. The
appeal was dismissed.
In the Burns case from O'Brien county,
the reliance on the fact Of a mistake in
the name of the prosecuting witness was
declared to be worthless, 1t was also COM
planned the court was absent during a part
of the trial debating ipstructions, but the
appellate court decides that this was hardly
- W. 10 NhS oN5 1NCON"Ah NAS NV "a anu
dictated his. instructions to a reporter in
the next room. The case was affirmed.
Insanity cntS From vilIisca.
In the Thiele9 easel from Montgomery
county, there wasa error In the instructions
of the Judge as Il" irganity, which was the
defense, and on this the reversal was made.
Thiele had been separated from his wife
and as she passed his house in villlsea he
- z. - H. $3.50 -
her three times willis a knife, from which
she died in a few minutes, 1t was shown
he had talked a great deal about his right
to kill his wife and there was certainly
support of HIS insanity plea.
Edward Dennis. who was indicted with
Wesley Irwin and Eugene Mason fer killing
Oscar Miller, a tramp. at Shenandoah, does
not get a new trial. The three men put up
a Job to- kill the tramp and Irwin and
Dennis were convicted and given long terms.
In the case against Mark Vance, who was
convicted Of a most repulsive crime, err
rors were found in the matter Of admissions
by the lawyers and in instructions regard
ing the statements of the case as made by
both sides.
One civil case decided is OF more than
ordinary interest. 1t is that of the MAJ
tional State bank against the city Of Bur-
ingIOn lnNOfVlnS the question OF ueduct-
ing value Of government bonds from the as
sets of a bank in determining the value OF
its stock. The court holds that no such
deduction is possible. The case does not
involve assessment of government bonds.
Death of veteran Minister.
Rev. e. 3. Vail, for more than forty years
prominent in the Methodist ministry in
Iowa, died at the Methodist hospital in
this city this morning. He was nearly
so years old and for many years was pastor
of the Grace Methodist Episcopal church
in this city, but was also on the circuit
for a long time. Some years ago he gave
$40, 900 to the Methodist hospital and as he
left quite an estate 1. is believed that in
his will he left other charitable requests.
Insurance Case Decided.
An important question in insurance mat
ters was disposed OF in the district court
in the case of Jennie futile against the
Iowa Travelling Mems association. futile
lived in Kansas City and was insured for
IS, 900. He committed suicide in Kansas.