81 Iowa 36 | Iowa | 1890
In support of his motion on the grounds of newly-discovered evidence, the defendant filed the affidavit of one James Clark, who stated that he is a married man,
Assuming Clark’s statement to be true, it was clearly not newly-discovered evidence to the defendant. If it be true that he gave the diamonds to Clark, on Locust street, September 27, he certainly knew who Clark was, and that he had failed to return the diamonds to him, or to account for them. All that Clark could have testified to was known to the defendant at and before his trial, and yet it does not appear that he asked any postponement of the trial for the purpose of procuring Clark’s testimony. Three witnesses testified to being with defendant on Locust street, Des Moines, in September, 1889, when a stranger, whom defendant ■called Clark, received a box containing diamonds from Foley. It is unnecessary that we state more particularly the testimony. Our conclusion is that it fully sustains the verdict; and that the verdict is in harmony with the evidence and the instruction given by the court. The testimony was not only not newly discovered, but diligence, such as the law requires, is not shown. The judgment of the district court should be AEEIRMED.