Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-17
,nunREME COURT DISPOSED TO
POSTPONE ACTION UNTIL
DECEMBER.
DIRECTORS TO BE ENABLED
TO CAUSE MUCH TROUBLE
Suits in Many Counties Against Levy
ina Of Tax by Auditors Made Posi-
bIs-Court Settles Definitely Two
Points in Deciding Gulliver Assault
and Robbery Case.
Special to Times Republican.

Dies Moines, Sept 17.-If the Iowa
supreme court heads off the di!atory
tactics of those who are warning on the
capitol tax it will have to back up on
the definite program announced in
court on the opening of the term. 1t
was announced there would be. no sit
ting of the full bench after the re-
hearings are concluded until the De-
cember term. This would force delay
of the tax case until December, and
give opportunity for innumerable suits
and complications causing annoyance
to county officials and others. and per-
NIT the plan of causing delay for po-
litical effect TO be carried out
The court took under Amusement the
motion for advancing the RoUley case
involving Van Buren, county only and
relating alone to the question Of the
legality of the tax levy. This is the
point on which the two district courts
differed radically.
In another case there was a stipula
ton for continuance Of a rehearing un"
til the October period. The chief JUS
tice stated that under the rules this
could not be granted. but a continuance
would have to be until the December
period. because there would be no sit
ting of the full bench again until that
time. This is to be the general rule.
An exception may be made for the
capitol tax case in view Of the compli-
cations that will follow if there is delay
in rendering the decision.
Court Settles Two Points.
Two things were settled by the SUI
preme court in the decision in the
Glenn CULVER case. One related TO
new evidence. 1T is well settled" said
the court, ''in our practice that newly
discovered evidence is not a recognized
ground for a new trial in criminal
cases, tho we have held that such an
order may be made when II is discov-
cred that false evidence OF a materta!
character has been given in support
of the prosecution"
The other related to prejudice due
to the interest Of the public I'VE are
urged to set aside the verdict said the
court. because public prejudice against
the defendant at or about the time OF
the trial was such as to prevent the
due administration Of Justice and de-
prive him Of a fair and impartial hear
ing. We may for the purpose Of this
case assume that public opinion IN
that community was against the de-
PENDANT and II is more than probable
that this was reflected In the demeanor
and bearing of the attendant crowd of
spectators but there is nothing to show
any demonstra tons of a character TO
intimidate the jury or to indicate that
the verdict was anything other than
the honest conclusion of the several
Jurors acting in accordance with what
they believed to be their duty. II is
perhaps unfortunate that the trial Of
an important case draws to the court
room crowded audience of people
upon whose faces and IN whose bearing
an observant juror may read the trend
of popular sym pa thy But this is some
thing Of which in the very nature Of
things juries can not be kept in ignor-
ance. The safeguard of an accused
person under such circumstances is to
be found in the selection of a jury Of
men Of such character and such just
conception Of their obligation that they
will not permit their verdict 10 be in
fuenced by these extraneous circum-
stances"
The CULVER case is one in which
the attorney general asked to have the
abstract of evidence reduced. It was
over 100 pages and the argument Of
$50 nages CULVER vas convicted Of
assault on a banker at Orchard with
intent TO rob.