The Vancouver independent. (Vancouver, W.T. [Wash.]) 1875-1910, 1880-08-19
The Lying Witness.

1 Will n1w narrate n case, showing
upon what slight circumstances the YER
dict of a Jury sometimes turns. | can
not now recall the year, and my notes
of the case were burned in the great fire
of 1871. l think about 1916 Bron-
son Murray, who then lived at Deer
Park, La Sale county, sent for me to
come to Ottawa ana defend his hired
man, who, killing a neighbor in a quar-
rel, had been indicted for murder. A
sudden quarrel had arisen, and the pris-
cner, Selling a hickory stake from his
sled, had struck the deceased one hard
blow on the head, producing death.
[ sat down to the trial, supposing l
had a clear case of manslaughter, and one
free from difficulty, and that the question
would be the extent of my clients i'm
prisonment. There was no controversy
about the quarrel and the blow, and
that death was the result. These facts
having been proved, the prosecution
called the officer who had arrested the
prisoner. He was a large, muscular
man, very dark and sinister in his ap-
pearance, and as he took the stand l saw
him scowl at the prisoner, who was an
impulsive. passionate Irishman, in a way
that startled me. l Immediately asked
tie defendant if he ever had any diff
Guilty with the witness. eyes" he re-
piled "the witness hates me, and has
threatened to have me hanged"
After describing the arrest, the wit
ness was asked odd you, on your
way to the county Jail, have any CONVEX
sation with the prisoner in regard to the
killing, and if so, state what he said p
He replied "On our way, as we
were riding across the prairie, l asked
him what made him strike the de-
ceased, and why he struck so hard.
Prisoner answered, - him, I'm glad
he's dead l have long had a grudge
against him, and am - glad l have
killed him"
"Take the witness" said the States
Attorney, in the tone of a man who has
made out his case, and he had. The
witness had supplied the proof to change
the killing from manslaughter to MUIR
der, and unless l could break down or
contradict him my client was lost. BY
one of those impulses which / cannot
explain, but which all of us have often
experienced, l felt that the witness had
been swearing false. I knew it, but
how could | make it manifest to the
jury The terrible confession was
made, as the witness said, when he and
the prisoner were alone upon the prai-
RE, and therefore there was no possibii-
ity Of contradiction. at is a lie, every
word Of it" whispered the prisoner /
knew it perfectly well, but how to prove
itl
| began the cross. examination without
a plan at first putting a few questions
quietly, and studying the man whom |
had never before seen. After a few I'M
important questions. asked to gain time
and try and make out what manner OF
man he was, / led him back to the con-
fession. l asked him if he was sure
he had repeated the exact words of
the prisoner. He replied, al have
told you the exact words. | have
not altered one of them" / saw he was
n Of those who, if he once swore the
horse was sixteen feet high, would stick
to it. | then asked him to repeat the
confession, which he did, and, as | ex-
pected, with variations. | then called
his attention tc the fact that some
months had passed between the confess
sion and the trial, and then asked him
why, if in his direct evidence he had
given the identical words, he could not
now on the stand repeat them twice in
the amt way. He thought it necessary
TO strengthen his statement, and he
said
81 wrote down at the time what the
prisoner said, so | might not forget 1t,
and l have got the paper yet, and | have
read it over to-day, and it is the very
words / first stated"
Il knew that he was lying, / felt it,
and | arose and asked him sternly:
Where is the paperl Tell me in
stantly."
'In my pocket" said he.
produce it," said i. / knew that he
had no such paper. He turned pale
the sweat rolled down his face