United States ex rel. Thompson v. Dye

MARSH, District Judge.. After the testimony was closed in the above habeas corpus case, William H. Heagy, one of relator’s witnesses, was shot and killed. While he languished in the hospital, it is alleged that he made a dying declaration under the influence of impending death, to the effect that his.’ testimony given in this case was true. Relator seeks to reopen the hearing in order that he may supplement the record by proving this dying declaration. No authority is cited for this proposition.

The respondent opposes the petition-to reopen and asserts that the proposed dying declaration would…