72 Iowa 111 | Iowa | 1886
Lead Opinion
The case is submitted to us upon a tran
Tbe evening of the 7th of January was selected as the time for making an effective demonstration. They assembled in large numbers, and, as the evidence tends to show, the defendant was among them, taking an active part. They first assailed a gang of men on their way home at night from what is called the “ Standard Coal .Bank.” They no longer resorted to persuasions, but to violence. They wounded several of them, and drove them out of the town, and to some distance away, and the assailed finally took refuge in the town of Perry. The evidence tends to show that the defendant was not only among the assailants, but used force in compelling the men to leave. The assailants returned in a short time, and surrounded and entered the house in which Mun-son was killed. Several shots were fired into the house, and inside of the house shots were fired up the stairway, in the direction of the chamber in which some of the inmates had taken refuge. The mob in the meantime clearly announced their purpose to compel the new employes to leave their employment. After the survivors had consented to do so, the mob retired in a body, but not without threatening, as they passed away, to take the life of one Markham, who was present, a superintendent of one of the mines, and several shots were' fired, apparently with the design of carrying out the threats.
In the course of the trial a very large number of objections were interposed by the defendant to the admission of evidence, some of which were overruled. The evidence, which was admitted over the defendant’s objections, tended to show the history of the trouble as set out above, a consid: erable part of which took place before there were any acts of violence on the part of any one, and before it is certain that any acts of violence were contemplated. But, in our opin
Whether, in case the defendant was not the one who fired the fatal shot, he was guilty of the same degree of crime as the one who did, we need not determine. The defendant was convicted only of manslaughter. The most which the
We have examined the entire record, and find no error.
AFFIRMED.
Rehearing
supplemental OPINION ON REHEARING.
Tuesday, June 21, 1887.
W. W. Phillips and MeDuffie ds Howard, for appellant.
A. J. Baleer, Attorney-general for the State.
An opinion was filed in this case at a prior term, affirming the judgment of the court below. No abstract, assignment of errors or argument in behalf of defendant having been presented, a rehearing was granted, with the assent 'of the attorney-general; and the cause has been again submitted upon an abstract and argument, both oral and printed, on behalf of defendant. We proceed to the further consideration of the case, so far as to dispose of all questions raised by counsel in their arguments.
Counsel for defendant begin the discussion of the case with this frank admission, which is a correct statement of a controlling rule of the law applicable to the case: “ We concede that, if the defendant was present at Keystone No.
It cannot be said that, upon this conflicting evidence, the jury, in the honest, intelligent and unbiased exercise of their discretion, could not have found the facts in question which establish defendant’s guilt. "We cannot, therefore, under familiar rules prevailing in this court, interfere with the judgment on the ground of the insufficiency of the evidence to support the verdict.
“ Accordingly, if the evidence in this case is such as to lead you to believe that a large body of these striking miners, including this defendant, assembled together on January 7th, without any specific agreement or understanding as to what they would do; that they united in attacking the men from the Standard mine, and drove them away; that defend-
This instruction correctly presents the law applicable to the responsibility of a conspirator after he becomes identified with the conspiracy. His guilt, if he did not personally aid in the commission of the unlawful act, consisted in the encouragement he gave thereto. If he advised and directed the unlawful acts, he cannot escape responsibility by quietly withdrawing from the scene. His guilty act was the encouragement and advice he gave those who committed the crime. The influence and effect of this encouragement continued until he withdrew it by acts or words showing that he disapproved or opposed the contemplated crime. He cannot, by the coward’s expedient of running away after he has incited his associates to crime, escape punishment.
The. foregoing discussion disposes of all questions argued by counsel.
Upon the further careful reconsideration of the case, we remain well satisfied that the judgment of the district court OUght to be AFFIRMED.