The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-07-27
NEW ORLEANS:
sA TURDAY MORNING. JULY ~. 1850

THE STATE VS.. BOYER, p. M. c., FOR PERJuRy
This case was tried yesterday. The court room
was filed with the colored gentry, who seemed to
take a great int rest in the matter. Recorder Cie
nois and his clerk swore to the affidavit made bv
Boyer, in which he charged Collins with having fe.
loniously taken from him Canal Bank note iOs
$500. On this ecusaton Collins was committed
for trial The pri tcipal witness for the State was
Victor Collins who described the theft of the pack
age of money from be Latona and the means taken
by Boyer to effect his release and secure the stolen
money. He underwei 1t rigorous cross examna-
ton from R. M Garter, Esq.
John Thomas the Gle rk of the Latona, testified
to the loss Of the money, 1920.
Medard Poree, (. m. c., was called on late at
night, by Boyer, to go bail for Collins. The said
Boyer proposed to him to claim the money as his
own, which he rejected.
| He detailed the great exertions and zeal of b.
yer to obtain the release of Collins. Lewis Sere,
the deputy clerk of the First District Court, swore
that Boyer came with other persons to obtain the
release of Collins. He referred him to the District
| Attorney, and he came back with an order for the
release of Collins provided he would leave the
State. They could not get the money some $1,000,
without an order from Collins He came back
with that and the money was paid over Boyer
said he satisfied Collins did not intend to steal
his money, and he wanted him released
| Delarue swore that he wa called on by Fornet, f.
m c.. to take Collins on boar boat which he did.
Fornet paid him five dollars.
The defence offered Chere Fornet,who is in pris-
on, indicted for subordination Of perjury He cor
roborated the testimony of Porse to the exertions
made by Boyer to obtain the release of Collins. He
| rncaivad SIM fraun IN he ibid T..
seph Victor.
The Jury was then addressed by Judge Walker,
Of the Delta, and Capt Clendenin.
They first contended that Mr.. Genois had not ta-
ken the oath Justice of the Peace and there
fore he was not qualified to administer an oath.
The Court here interrupted Mr. Walker, and in
formed him there proof of the nature of the
oath taken by the Recorder The Judge had in
structed the District Attorney not to offer the OATH
and it had not been read to the Jury. Counsel
then argued, there proof that he was an Off
Ger at ALL
Secondly, that the affidavit was not a material
matter. That Boyer had sworn that Collins felo.
niously snatched five hundred dollar note of the
Canal Bank out of his hand There is no such
bank as the Canal Bank, but there is a Canal and
Banking Company and that consequently this tes-
uinony couid not De material w lille Capt Glen
denim was arguing out the point with considerable
ingenuity, one of the Jurors handed him note with
capital letters engraved CANAL BANK.
Third, that the fact of the perjury must be proved
by one witness and cOrroborating circumstances
They commented with great severity on the testi-
mony Of Collins, which, they said, was unworthy Of
credit and which was not supported by any cor.
roborating circumstances.
The arguments for the defence occupied an hour
and half
The Judge charged the Jury,
First-That Mr.. Genos acting Recorder was
presumed to be qualified, and it rested on the de-
PENDANT to prove the contrary.
, Second-That the description of the note as one
of the Canal Bank, was sufficient.
Third-That one witness with corroboratng cir,
cumstances was sufficient The doctrine former.
ly was, that there must be two witnesses to prove
the perjury-but this has been relaxed, and the
modern rule is as laid down by him.
The Jury not gone five minutes when they
} returned with a verdict of Guilty