126 Iowa 340 | Iowa | 1905
The return to the writ issued out of this court makes it appear that in October, 1903, an information was filed in the district court of Polk county charging this plaintiff with a contempt of court, for that, being a party defendant in a certain cause pending in said court he had. knowingly attempted to improperly influence the conduct of one John Fletcher, a juror in regular attendance upon said court, and afterwards drawn and sworn as one of the jury for the trial of such cause, by causing and procuring one F. A. Marvin to converse with said juror about such cause, the merits thereof, and the verdict to be rendered therein, and to solicit said juror to favor the defendant therein in respect of the verdict to be rendered. Upon the filing of such information a rule issued, and in response thereto this plaintiff appeared, and made answer in writing, and under oath, in which he denied all and singular the allegations in the information contained. A motion for discharge, based upon the denials contained in the answer, having been overruled, a trial was had on oral testimony produced in open court,
Foregoing is the substance of all the testimony relied upon to support the judgment. To our minds, it is wholly insufficient to make out a case of contempt. That plaintiff had the right to do and say what he admits having said and done must be admitted. So far there is not even room for controversy. The stating of a suppositious case by plaintiff to a newspaper reporter, standing alone, cannot be accepted as a confession tending in any degree to prove his guilt of the offense charged in the information. Contempt proceedings are in their nature criminal, and, before a conviction is had, the proof of guilt should be clear and satisfactory.
We are agreed that the judgment entered by the district court should be and it is ordered annulled.