Omaha daily bee., 1903-04-10
KNOTTY PROBLEM FOR JUDGE
Supreme Court Wrestlss witt Question Of
Presumption Of Guilt Of Them.
TAXES CASH TO SQUARE THE PROMISE
superintendent of Hospital Says
Farmers In Posse shot Fleeing
Inebriates Only when At
tackled by Them.
CFrom a star Correspondent

From a Stan Correspondent
DIES MONIES, April 9.-(Special.)-The
supreme court today in two criminal cases
indicated that the justices have been wres-
thing with the problem OF presumptive
guilt where stolen goods are found In pos
session Of an accused person soon after a
larceny has been committed. 1t is the same
question as that on which the attorney gem
eral Of the state asked and secured a ie-
hearing at the last term. which rehearing
has not yet been held. In the case against
John williams, who was convicted in Des
Moines, there was reversal because the in
structions of Judge McHenry on the trial
of the case did not state whether the break
ing and entering was for the purpose of
committing a public o~ffense, and also it
was not made clear that "only when the
breaking and entering and the larceny are
committed at the anne time and by the
same person, In other words, that the goods
are stolen by means of the breaking and
entering, that any effect is to be given the
recent possession of stolen goods" In the
case Of George Swift, who was convicted Of
breaking and entering a beer warehouse at
Avoca, the same subject was considered
more In detail. "It is SUFFICIENT to say"
states the supreme court. that the court
is unequivocally committed to the position
Nudb Nutu II appears lndN Tain bOONo
have been stolen from a building by break
ing and entering the proof Of the subse-
quent possession, without reasonable ex-
PLANTATION that the goods we're obtained 9TH
erwise than in the commission Of the crime
Of breaking and entering, will support a
conviction for the latter crime. In some of
the cases which we have heretofore con-
sidered objection has been taken to the use
In such connection of language indicating
that proof OF the subsequent possession
gives rise to the presumption Of guilt which
1t is for the defendant to overcome; but
such objection is not tenable to the ~instruc-
tiona given in this case, by which the jury
were told that the fact Of such possession,
II unexplained, is sufficient to warrant the
conclusion that the person having such pos
session is the person who broke and entered
the building unless the evidence showing
such possession leaves a reasonable doubt
whether the defendant may not have com
into possession of the goods otherwise than
by breaking and entering" The Williams
case was reversed and the Swift case af-
frmed.
Judge Bishop wrote a decision that reads
like a chapter from a novel in the case Of
Anjulia williams against Peter Fahn, from
Shelby county, a breach Of promise case
where the plaintiff got a Judgment for
s 1900. Williams was "a years old, widower
and wealthy, lived at Earring; Anjulia was
45 and deaf and dumb Williams admitted
the loye-making, the proposal and the eff
fort to get married. In fact he got a license
and went to a Catholic priest to have the
ceremony performed. The clergyman re-
fused; nay, more, ne called Peter an old
fool and Anjulia something worse, and the
two went away disappointed. Then Peters
friends talked and said the woman OF his
choice was not only deaf and dumb, but
that she was very bad and not suited to be
his wife. He backed out and never tried to
get married again. In defense he pleaded
that his refusal was due to the discovery
that Anjulia had not lived as she should
and further that he had settled with her.
But these questions we're submitted to the
jury and the court decides that Peter had
known what he was doing in the first PLACE
and had no right to make such a plea.
In the federal court today Howard
Hedrick was appointed receiver for the
Iowa Tea and Coffee company of Marshall
town, which is In process Of liquidation.
The creditors asked for a receiver pending
the bankruptcy proceedings.
Report on Escape of Inebriates.
The oficial report Of Superintendent
VI uAlDdNhtI VI AhE EAhlt uVHPiAdi at luub-
pendence on the escape of sixteen inebri-
ates has been received by the state
board. He states that the squad Of in
ebriates was In charge of two attendants,
one OF them being a young man who has
only been with the institution a short
time. When they became rebellious one
turned back with the men who did not
want to run away and the other followed
the fleeing inebriates. Two farmers were
called in to assist and they had revolvers.
Only when attacked by the inebrIates did
they do any shooting at them. and as the
result Of this two of the inebrlates were
wounded slightly. Members OF the state
board point out that the incident means
that the state must make some bet er pro-
vision for caring for the inebriates. ,
Prot. Pike Out on Bail.
Prof. Pike, the musician, secured bail
today and was released from Jail, at the
same time taking a change to another
court. He declares that he will bring suit
for heavy damages against Seigel for ille-
gal arrest and detention, as he was not ac-
cused OF anything that CONSTITUTES a crime
in this state. The young woman in the
case, who has refused to marry Pike, is
taking no part in the case now and states
that she has no interest in it.
Corn Prize
The prize winners at the corn exhibit Of
the Iowa Grain Dealers association were
announced by Prof. Holden at Ames. The
contest was a very close one and this fact
delayed the award. First money went to
H. l. McComb Of Desoto, SIS; second, 10
w. R. Taylor, Alden, $40; third. to n. J..
Milhaen, Miles, IS. The judging was by
the usual scale.
President d. B. Lyons OF the State Com
mercial association issued a call today for
the meeting Of the association April l6, the
second day Of the good roads conventions.
At this meeting the permanent organiza-
ton will be formed.
Teacher Sues for Damages.
ONAWA Il AnriI Q-(Graot.I nj.