Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-02-04
ARREST OF
JUDGMENT
CASE OF DAY DuNNlNe OF MT.
AYR WILL GO OVER UNTIL
APRIL 1s.
BJECTIONs RAISED
Attorney for the Defense crlticlses
Judge Evans Instructions and the
Court Defers Time for Passing Sen
tence-Dunnlns's Real Guilt Doubted

Mt. Ayr, Feb. 8. - There Is an ar
rest of Judgment in the Day Dunning
case until Tuesday, April 18, the mo.
ton for a new trial having been taken
under advisement by Judge Evans at
the request of the defense with the
full consent of the prosecution. The
motion for a new trial is based upon a
paragraph of the courts instructions.
Judge Evans in discussing the whole
matter from the bench, indicated
pretty plainly that the sentence would
be merely a fine. as eight of the ten
jurors remaining in town stated in the
open court that they wished him not
to send Mr.. Dunning to the peniten-
tiary. Mr.. McGinnis In his closing ar
gument for the state admitted that the
prosecution did not hold Mr.. Dunning
guilty of intentional criminality.
Jury Wants LenIency.
The jury reached Its verdict at 1:15
yesterday morning, and reported as
soon as Judge Evans and other court
officers and attorneys could arrive. The
jurors had desired to accompany their
verdict with a request for leniency, but
found no way of doing SO. When court
was called at 8 o'clock in the forenoon
the ten jurors who remained in town
filed into the box again at the defense's
request,and upon being questioned by
attorneys, eight Of them, some very
emphatically, declared they did not
want to see the defendant "do time"
Two refused to express an opinion.
Hon. R. H. Spence then filed the mo-
tion for new trial, urging that in
struction number six, in which the jury
was told that IL the defendant as d
reasonable and prudent man" believed
himself solvent 5Re should be acquitted,
Was improper. as 1t made guilt depend
not upon actual knowledge, but upon
prudence. r. F. Fuller followed, re.
tracting for the defense the criticisms
that other attorneys had made in their
arguments against Trustee John e.
Scotland passing high compliments
upon Mr.. Scott's management of the
bankrupt estate.
Objection is Serious.
Hon. v. II. McGinnis for the state,
admitted that Mr.. Spence had raised
a serious legal proposition, and said
1t grew out of the introduction by the
defense Of evidence as to the financial
reputation Of certain debtors-evi-
dence to the Introduction of. which he
had objected but which when once in
the record had to be covered by In
structions. This goes to the very
vitals of the case.." said he, "but we
are willing that the court should take
all the time necessary to decide 1t
properly" S. w. Miles sought as the
representative Of certain debtors to
urge that the defendant be given the
full penalty permitted by law. but was
ruled out by Judge Evans. County At
torney Henry pointed out that the re-
sponsibility for the sentence rested
upon the court, but said There Is no
bad criminality in this case, and II
your honor desires to exercise elem
ency 1t will be all right with me-"
| Doubt As to Intent.
Judge Evans, in ruling, discussed the
bankruptcy at length, pointing out the
weaknesses of the Dunning banking
methods, yet saying: There is no evi
dence showing Mr.. Dunning to be gull
ty of moral turpitude A man ough,
not to be sent to the penitentiary sc
long as there is a reasonable doubt
\ Of his felonious intent" Judge Evans
said he still regarded the instructions
as good, yet as there had been no time
to present objections, and In Difference
| to the wishes Of all the attorneys con
cerned, he would take the matter un
der advisement until the second day
0aY nony 1880