The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-04-30
NOVEL POINTS OF THE LAW.

tnere was also involved as a basis LOT
a motion for a new trial irregularity
by n Juror. The court ruled first that
tho trial was fair and that there was
evidence of prcmcditatcd design on the
| part of the defendant to kill the de-
ceased. The syllabus of the opinion con-
tains the following:
Error is alleged In admitting testi-
mony that deceased. when he reached
the doorway of his home after he was
| shot. In answer to the question:. what
| is the matter;' stated. Charley Spraguc
| ton made under such conditions was not
80 spontaneous and natural that the
truthfulness of the declarant in making
1t IL apparent. II was untrustworthy
and should not have been received. This
is a case, however. for the application OF
the rule that q Judgment will not he
reversed for errors at the trial which
! did not prejudicially affect the rights OF
me defendant. The dling declaration OF
the deceased. which was rightly received
in evidence. contained the statement h
the defendant shot him his declaration
In the doorway OF his house added moth
Ing TO ia" facts presented.
The other question involved OF The
| appeal arose from u statement in an af-
hdavlt that a juror IN the case said
during the dclis ~rations of that body
that lie was II riff" expert and that his
| experience differed materially from the
| proof AT the trial and Influenced him
in arriving at the verdict. Another
Juror said he owned u rifle similar to
that had by the defendant and during
the trial he experimental with II for
the purpose of determining tine ruin or
falsi.y IT the defendants evidence.
While the court said that the de
PENDANTS guilt was so firmly established
800 ~ -. ~
81, 4. ,iat,, s 10 ,t. ,o,-
.,t, a., -, ant
ossen,i,i ., irs,tro ,ha, am ,,,nsod u.r.
sor I'LL ,".,a ,'',. ,ra,
H. ay,J.,.o ,:nai,oJ , ,ha ,r,.., .nnr,
~ on.n ,n,r, ,,d q, ,ma ,r,.ar"a ~, ,ha
be heard in open court in the presence
and under the direction Of the pre-
siding Judge. The law Is extremely to-
nacious of this cardinal doctrine, The
oath of a Juror Is tina, he will decide
according to the law and the evidence
given to hiin-giNen to him according 10
the rules of evidence and with the par
ties face to face. Gri.vous or fatal In.
Justice and wrong may he done an ac.
ouse.l person by a verdict based to any
extent upon facts or reasons of which
. ne Is ignorant ana without Inc nlt'DDr-
tuni,y Of refi,lng or eNplaining A
slight change in any of the many con.
ditions which surround "A TRANSACTION
MAY change its result in "A manner or II
an exteu, not compr.hended. and In.
duce the belief that there Is innocence
where there Is, IN fact. guilt. or gull,
where there is. In fact. Innocence. Their,
Is not here. however. any competent
proof that any juror was guilty of the
serious misconduct viiat s-,i j., tit- lie.
PENDANT"
-
Tb. do,isinr n. IN, sunr.m. ,.onr,
Of california i'm Go,d. ,;nt, I,rJ,r,,k.
inc ,',nnn,uy ~ T,vInr reveals a star
of facts which ,a,s,s . rorr,snnnJ.r
" IN, Do,to, ia ,,,,ly III. Rihltr,l ana.
.a,iop ",yr.. Win ,bir. .dv.rs,r,
uulclIy" Tb. cas-. j. , rotorinns .>,
annie Of the law ,i.I,,. and ,hc iron.
bl, * stated ia IA, Ju, Il, ,b,. svs,.r
M n,oc.dur. hv With c,s.s MAJ, o.,
Ia r,,,, ,Iior.r..n, ,.,nr,. -, .,,.,i ,nnl
ar. MEYER annll> wnrk.d or, or M,
merits until sen, hack ,o I'M. ,ov.s,
cour, IN Ia. ,-ied ,n.v TIN, ,n,,s 4,
the cas-. w,r. tina, am, 1,yInr died i,
leos and in I.o5 /, sui, :cr IN, und.r.
chronology of the case follows. 1909
Judgment for plaintir by superior Court
1910. superior Court denies motion t,
set aside Judgment. 1872. Judgment AND
order affirmed 10y District Court Of Ap
peal: i'l". judgment and order aiiirme-
by III" supreme Court. 1914. judgmen
ana order reversed on a reh"aliug 10y
the supreme Court. hut no; on - poin
! mentioned in any previous opinion. TIL.