121 Iowa 507 | Iowa | 1903
Moreover, the ruling of the court on application for ■continuance to enable a party to procure impeaching evidence is generally regarded as purely discretionary (State v. Rorabacher, 19 Iowa, 154), and will ordinarily be denied when proof of good or bad character only is proposed State v. Johnson, 47 La. Ann. 1225, (17 South. Rep. 789); Hamilton v. State, 3 Ind. 552; Smith v. State, 58 Miss. 867; Murphy v. State, 6 Ind. 490. Appellate courts have seldom interfered when the impeachment proposed is by evidence of contradictory statements. In Lundy v. State 44 Miss. 669, the affidavit recited that the absent witness would testify that a witness called by the state had said out of court that if he could not convict the accused by telling the truth he would do it otherwise. In State v. Spillman, 48 La. Ann. 1001 (10 South. Rep. 198) it was proposed to prove that the prosecuting witness had said he was mad when he began the suit, that he would compromise the sui t for $15, and not appear to prosecute. In State v. Howell, 117 Mo. 307, 339 (23 S. W. Rep. 263), the absent witness would have testified that one called by the state, who identified accused near the place of the ■crime, had stated out of court that he did not know anything about the case, and was unable to say whether the person seen was the accused. In each of these cases the denial of the application, for continuance was approved.
YI. The evidence tended to show that defendant and Olive White went to Oklahoma Territory, where he took a homestead, and that they lived in a sodhouse as husband and wife for about six months. A child was born to her in April, 1901, which he subsequently named Yirgil St. Olair Hasty. She died about six months thereafter, and over her grave he caused a tombstone to be erected, inscribed with these words: “Olive, wife of James 0. Hasty, died September 1, 1901, age 21 years and 29 days. ” It is objected that defendant is not shown to have caused this inscription to be placed on the stone. We think this fairly to be inferred, in view of his relations with deceased, from Hilliker’s testimony that defendant told him a tombstone was to be erected to her memory and that he should pay for it out of the proceeds of defendant’s property. He had attended to her burial, and the board, with
XI. A woman asked • a juror, pending the trial, .•whether he knew he was related to Mrs. Hasty, and then ;said they were fourth or fifth cousins. He responded that ¡that would make no difference. It appears that he had never seen the woman and had never seen Mrs. Hasty prior to the trial, and that if they were related'neither of them knew the fact. There was no misconduct save on the part of the busybody who interfered. See State v. Baughman, 111 Iowa, 71.