Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-06-15

n U0O3A4O VA AAkSSA wv "a y
u at tho st
N~11N>Ra
DuhHeRS osla nes Trisa
Do koeaes.-Ths supreme cour'
rsvszsed IL conviction Of Day Dun
ming q Mt. Ayr. who was convicted
unAss u frandsaent baking act ind
sentenced TO eight years In the peni.
tsntiaTy. and he viii have new trial.
The fovorsal 10 due TO I'M error OF
instrusttoa n the lower court which
may have I'D The Jury to have "un-
dsrseeea that Y the defendant, Dun
ming had Ailei to act ~ reasonable
aud pruAsAt man he must be charged
with knowledge Of the banks insol-
vensy." IN other words the supreme
court 1Ads that The instruction in
question '4mplies guilt II through his
nsgiitseos the defendant, Dunnine.
did Aok knew the actual condition OF
the bank"
The ooart holds that under the
Iowa statAte 10 convict the state
must prove Insolvency and the de-
PENDANTS actual knowledge thereof"
The lswsr court instructins the
Jury said - that body III you find
from the evidence that the defendant
from al the facts and circumstances
~ shown In the evidence as reason
able and prudent man had a right to
believe and did believe that he and
the Citizens bank were solvent. 90
deAnsd IN these Instructions, on Jan
IL. 1904. then you should acquit him. !"
The point raised by Dunning on ap.
peal was that the instruction author.
ized oonvictica IL the Jury should
ina that the defendant a. . reason.
able aad prudent man ought to have
known that he and his bank were liz
solvent whom the particular deposit
was received. In other words, that 1t
permitted conviction II It were found
that the defendant had been negh
gent In his conduct II his business aB
. banker.
Statutes In some Of the states make
the insolvency OF an Institution the
prima fAcbs proof that the banker waa
guilty OF resolving the deposit under
question when the institution was IN.
solvent; not 80 with the Iowa statutes
The state must prove that the In
stitution was insolvent on the day
the deposit was received and must
prove also that the banker knew II
was insolvent. His negligence in not
knowing what he should know Is NOT
ground tor conviction.
President Cannot Come.
On behalf Of the local COMMITTEES
at Des Moines In charge of the In
vitations for the annual reunion o,
the Army Of the Philippines. invita-
tons to attend that reunion were ex
tended to President Roosevelt anf
Secretary Taft. The invitation Il
President Roosevelt. including copy
OF the rosolution OF invitation passed
by the general assembly, was hand
somely engrosse1 and enclosed in 8
large piece Of bamboo from the Phil
ippines.
President Roosevelt expense:
much regret that he would be unable
to 70. He would like to attend this
event and also the reunion Of the g.
A. r. at Minneapolis but he has
planned on going west In the summer
OF 1907 and It Will bs Impossible for
him 70 60 west this ysar. He will
send letter to the committee q
Dss Moinss expressing his regrets.
Secretary Tart win also bs unable
to attend the reunion, although hi
will probably visit Dss Moinss next
fall. He has already made his plans
Tor . long vacation In July and
August. He will spend this IN Can
ala. Later. however. he will make q
number Of speeches In which he will
deal with the Philippine tariH ques
ton and seek 10 arouse public seAti
ment thereon. He viii make some
speeches IN Iowa and Will probably
speak In Dss Moines and visit Fort
Des MolnaA ct Captain Hull's 70
quest
Murderer Must Pay Penalty. >
John Hayden Of Decatur county
convicted Of murder In the secuac
degrees and sentenced to twenty yearl
In the penitsntiary must serve hill
sentence. although his attorney.
claim he was insane at the time ant
acted In self defense. Hayden wal
convicted Of numbering his neishbo,
farmer, man named Bracewell
Bracswell's cattle escaped the pas
ture and got onto Hayden's land
Bracews1 went 20 drive thsm on AMI
Hayden swore and offered nsht
Bracewell slid from his horse aud
Hayden ran. After Braoewsll had
stopped following him and started
back to his horse. Hayden nred twice
ana shot Bracewsll in the side. &c.
cording t. to findings Of the supreme
court
Mevsy Heids Law Unconstitutional
The state board Of health cannot
revoke Doctors certificate vithou,
due notice and q hearing, AccorAina
to the ruling Of Judge A. H. Msvey
in the Polk county district court IN
the case q Dr.. H. w. Smith Of Rock.
well City against the state board Of
health. He issued . perpetual IN,
junction against the board restraints
1t from rsvokins Mr. Smiths mSdical
permit. He II graduate Of North.
western university Of Chicago. and
has been q practitioner In Iowa fos
twenty-seven years. In doing this he
held the Iowa law to be uncoustltx.
tional.
Already more than a half million