Wilhelm v. People of State
| Decision Date | 30 June 1874 |
| Citation | 1874 WL 8855,72 Ill. 468 |
| Parties | LOUIS WILHELMv.THE PEOPLE OF THE STATE OF ILLINOIS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of St. Clair county; the Hon. WILLIAM H. SNYDER, Judge, presiding.
Mr. WILLIAM WINKELMAN, for the plaintiff in error.
Plaintiff in error was convicted, at the January term, 1874, of the St. Clair circuit court, of the crime of an assault with intent to murder one Xavier Schoenstein, and sentenced to be punished by confinement in the penitentiary for the term of four years. Various exceptions were taken to the rulings of the court below, during the progress of the trial, which are now assigned for error. We shall notice them in the order in which they are discussed in the briefs before us.
On the fourth Friday of the term, plaintiff in error moved to continue the cause until the next April term of the court, and, in support of the motion, filed his own affidavit as follows, omitting the caption:
“Louis Wilhelm, the defendant in the above cause, being duly sworn, upon his oath, says: That he can not safely proceed to the trial of this cause at this term of court, on account of the absence of Philip Grummel, who resides on Carondelet avenue, in the city of St. Louis, Missouri, and who is a material witness for and on behalf of this defendant in said cause; that he expects to prove by said Grummel that, just before and at the time Xavier Schoenstein received the injury complained of in said indictment, this defendant was at his own house, and not near to nor about the premises where said Schoenstein received said injury, and that this defendant is innocent of the charges against him in said indictment; that, just before and at the time said Schoenstein received the injury complained of in said indictment, said Grummel was at the house of this defendant.
Defendant further says: That said indictment in this case was found at this term of this court, and returned into court by the grand jury, on the 9th day of January, A. D. 1874; that, on said 9th day of January, A. D. 1874, this defendant was arrested and lodged in the jail of this county, where he has ever since been, and still is in confinement; that said Grummel has been absent from the city of St. Louis; that he returned on Wednesday last to his home in St. Louis; that this defendant, on Thursday last, ordered and requested his son to go to St. Louis and bring said Grummel over here, and have him present on the trial of said cause, but his said son, contrary to the order and request of this defendant, on said day, Thursday last, telegraphed to said Grummel, at St. Louis, to come over at once, but has received no answer, though he caused due inquiry to be made at the office from which said message was sent; that the fact aforesaid, to be proved as aforesaid, is the point in dispute in this case, and more than one witness will be examined and testify on the part of the people.
Defendant knows of no other person or persons except said Grummel, and one other witness now here present in court, by whom he can prove said facts expected to be proved as aforesaid; that said defendant expects to procure the testimony of said Grummel at the next term of this court.
Defendant is anxious to have said Grummel present as a witness on the trial of this cause, and did everything in his power to have him here; that said Grummel is not absent by permission or connivance of this defendant, and that this affidavit for continuance is not made for delay, but that justice may be done.
G. L. WILHELM.
Subscribed and sworn to before me, this 30th day...
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