Millheim Journal. [volume] (Millheim, Pa.) 1876-1984, 1880-09-23
The Lying witness.

recall the year, anu my nOtcS OF the case
were burned in the great fire of 1871.
think about the year l846 my friend Bron-
son Murray, who then lived at Deer Park,
La Sale County, sent for me to come to
Ottawa and defend his hired man, who,
killing a neighbor in quarrel, had been
indicted for murder. A sadden quarrel
had arisen, and the prisoner, seizlng
hickory stake from his sled, had struck the
deceased one hard blow on the head pro-
ducing death.
sat down to the trial, supposing had
a clear case of manslaughter, and one free
from difficulty, and that the only question
would be the extent of my clients impris-
onment. There was no controversy about
the quarrel and the blow, and that death
was the result. These facts having been
proved, the prosecution call the officer who
had arrested the prisoner. He was a large,
muscular man, very dark and sinister in
his appearance, and as he took the stand |
saw him scowl at the prisoner. who was an
impulsive, pass ionate Irishman, in way
that startled me. Immediately asked the
defendant if he had ever had any difficulty
with the witness. ''Yes, )" he replied ''the
witness hates me, and has threatened to
have me hanged.
After describing the arrest, the witness
was asked: "Did you, on your way to the
County Jail, have any conversation with
the prisoner, in regard TO the killing, and,
if so, state what he said 2" He replied:
''On our way. as we were riding across the
prairie, l asked him what made him strike
the deceased, and why he struck so hard.
Prisoner answered, s. him, I'm glad he
is dead; have long had grudge against
him, and | am - glad l have killed
him.
Take the witness" SAID the States
Attorney, i'll the tone of a man who had
made out his case, and he had. The wit
ness had supplied the proof 10 change the
killing from manslaughter to murder, and
unless | could break down or contradict
him, my client was lost. BY one of those
impulses which | can not explain, but
which all of us have often experienced,
felt that the witness had been swearing
false. l knew it, but how could / make it
manifest toI the jury? The terrible con-
fession was made, as the witness said,
when he and the prisoner were alone upon
the prairie, ana therefore there was no
possibility of contradiction. SIT is lie,
every word OF it, )" whispered the prisoner
l knew it perfectly well; but, how to
prove itl
| began the cross examination without u
PLAN at first putting few questions
quietly, and studying the man whom had
never before seen. After few unimport-
ant questions, asked to gain time and try
and make out what manner of man he was,
| led HIM back to the confession. l asked
him if he was sure he had repeated the
exact words of the prisoner. he replied,
81 have told you the very words. | have
not altered one of them" | saw that he
was one of those who if he once swore the
horse was sixteen feet high would stick to
it. l then asked him to repeat the con-
fession, which he did, and, as expected,
with variations, ! then called his atten-
tion TO the fact that some months had
passed between the confession and the trial,
and then asked him why, If In his direct
evidence he had given the identical words,
he could not on the stand repeat them
twice in the same way. He thought il
necessary to strengthen his statement, and
he said: 81 wrote down at the time what
the prisoner said. SO might not forget il,
and have got the paper yet, and | have
read it over to-day, and it is in the very
words first stated" knew that he was
lying l felt it, and / arose and asked him
sternly: "Where is the paper2 Tell Inc
''In my pocket, " he said.
"Prodnce it." said |. | knew that he
had no such paper. He turned pale; the
sweat rolled down his face.
On my repeating my demand for the pa.
per, he refused point blank.
| repeated, "You have sworn you wrote
down, at the the time, on paper, the state
ment Of what the prisoner said: that you
brought that paper with you to Court
have read it over to-day, and that you have
it now in your pocket. Is this true2"
"Yes, said he. falteringlY.
"Then," said 4, twill you produce it and
let me see it ~
''No," said he, mo lawyer shall see my
private papers.
sis there anything on the written pa
per besides the memorandum of what the
prisoner said ~ inquired |.
"Yes on the same paper are private writ
ings which no man shall see
''HOld the paper in your own hands,
then so that l can see and read only the
Have you any objection
to thar?" said l.
''You shall not see any of it." said he.
He was sinking deeper and deeper in the
mOraSS.
Every well" said |.
perhaps you will allow the Judge or
the jury to see it, if you don't want me to
see it?"
Nobody shall see It," said he.
''Tbis has gone far enough" said !.
''You have no such paper, and never had,
and | now ask the Court to make an order
that you produce the paper or be committed
to Jail until you produce it."
The Judge made the order, and as the
hour for dinner had come, adjourned. l
knew that my client was saved; not by
any skill of mine, but by what l hardly
know how to characterize. But think we
old lawyers often see results which indl-
cate that there is something outside Of our
selves or any known agency, which some
times leads to the triumph of truth and
the protection of the innocent.
On the coming in Of the Court the wit
ness was forced to acknowledge that he had
no such paper, and the States Attorney
said: ~ will not ask the jury to place any
reliance upon this witness"
A verdict of manslaughter and short
was tie upshOt of the trial.
To Drill Glass.