Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-11-21
NEW FORMS OF OATHs.
Lawyers in Favor Of Increasing
the Penalty for Perjury.
Tricks ResOrted 20 By Witnesses
70 Escape 1estifyiDg-NO Pro
vision for an Atheists Testl-
ulony.

= : - III - ~ ~ ~ AAA-N -
70 Escape 1estifyiDg-NO Pro
vision for an Atheists Testl-
nAeny.
NWTWHl
Philadelphia Press.
The question Of altering OF supple
mentiDg the present forms Of paths or
afhrmations so as TO more etioctually
guard agaiust the commission OF ner-
liufy in the witness box. originated 10
Massachusetts,. and has progressed
hither by slow stages. krom time TO
thine members Of the bar have ex-
pressed themselves as dissatisfied with
the existing provisions OF the law, and
have suggested remedies, but the mat.
ter has never received tue impetus Of
definite or unided consideration. The
recent action Of the courts in Messa
chusetts looking TO a more public.
forcible and explicit presentment OF
the penalties of the law to witnesses
has had the effect of once more bring
ing the subject before the legal fra
lernity.
One Of the leading criminal lawyers
at the bar, in conversation with Press
reporter yesterday, expressed himself
as dissatisfied with the oath at present
upon the Statute Boot.
what are the grounds Of your OBJ
ieotious2' was asked 49,
"Well, he replied, II have q mum.
Der. 1t has been my experience that
a considerable proportion Of the wit
nesses who come from the lower walks
Of lie do not have a proper regard for
the oath administered to them. They
do not care for the pen. lies in the
hereafter, nor do they understand the
peril 10 law TO which they subject
themselves in swearing falsely" III
WITNESSES SHOULD BE INFORMED,
"How. then" asked the visitor,
could this be renediedYP W
THE Court should give every wit.
ness to understand, and understand
plainly, that If they are caught lying
under oath they will render them
selves liable to fine and imprison.
ment. While it is true that the
knowledge Of these nenalties is sc-
cessible to everybody, it is equally
true that the poorer classes, who tg-
ure so largely in criminal trials, either
have not read nor heard Of, or do not
appreciate the danger they may be in,
tending to encounter" Hl.t
"The best plan, then would be to
direct the clerk who swears the Wit
uesses to lay down the law on per-
ljury~
"By all means. know many law
yers, though, and | am among the
number VINO believe that the present
forms of oaths aye not sufficiently bind
ing upon the witness conscience. He
may say 1 do not remember, or I re-
peat from recollection. If many Of
them knew the penalties Of lying they
would recollect more clearly. Then,
again, the common oath has no force
even with many people who profess to
be Christians, or believers in God. /
have seen witnesses slyly kiss
their thumb, instead Of the book, or
kiss dictiO airy interposed through
the eareless1ess or collision OF the
clerk, There are countless tricks re-
sorted TO by witnesses who design to
lie without strainiDg their Coz
sciences. ~- @
Then, again, what is the binding
force, any way, Of a Bible. An oatn
essentially is before God, and not
upon or in the presence Of the Bible.
In this RESPECT the affirmation with
the aDlifted hand is far more to be
relied upon when there is q suspicion
Of the creduliIy of the Eitness."'
THE PROPOSED CHANGE.
What do you think of change Of
the oath?' asked the reporter Of Law.
yer William II Brown.
a." am notprepared to advocate such
. change as that yod suggest" lie re.
piled. In Que important particular,
: AoweVer, Oaths, or rather the statutes
relating to the same, are detective;
they do not reach out far enough"
I'm what way2" gH1
There is no provision made in this
State which will allow Of takiog the
testimony Of an atheist. His testimo-
ny is not competent-he is tabooed in
D the eyes Of the law. This is moi
right. | have had important cases
where the testimony Of such persons
was essential, though, Of course, moi
accessible. While not desiring to
: argue moral topics. | have known
2 plenty Of men who did not believe in
! q God whose statements we're as relia
g bic as those Of any who belong to the
y churches. ln cases before an exami.
ner it is sometimes agreed by the op.
I posing counsel to take down the state,
: ments Of atheists, but the court may
!. and generally does, subsequently, rule
e such statements out Of the evidence.
g You are not in favor Of parting
with the Bible?"
q mo, for | think the feeling Of su,
perstitlon has not yetbeen effaced from
, the minds Of even themost intelligent
5 classes. Aside {. ON belief in God
the vast majority Of witnesses are af
D iected BY the solemUity Of the oath
I The affirmation is preferable TO thu
oath in every respect, No, am moi
2 surprised that radical change should
9 be under way in Massachusetts,. fol
, that is q radical state, but don't be
: tlieve such q necessity exists here. Thil
!. matter Of provision for atheists ought
8 o be looked after though"
ATHEISTS TESTIMONY.
: Is atheism often wrongfully ad
yanced as apretext for not testilyiug?'
. was the next question. ~
such instances do occasionally
, happen. A man who desires to pro
tect some Of the parties 10 q suit ma,
I declare himself an athesit VIVA
can be done? His testimony, though
i the most important in connection
l with the case is as useless as If be
we're himself dead and buried. There
! ought 10 be some way Of putting thu
1 atheist on standing with other wit
nesses whose credibility 10 numberlesI
instances do not near equal his own
/ | believe that some such provision re
|, garding the nenallies Of perjury as il
contemplated might be arranged L
suit these cases Of which you have
been speaking. have no definite
! suggestion TO make though, because
have never given the matter any seri,
Gus attention for this purpose. | know
however, that while the feeling 10 the
bar is against any radical changes 10
the present forms Of oath and afirma.
tons, there is a feeling that some pro.
vision ought to be made covering the
/ prescribed witnesses who profess athe-
. ism"
! Tested by Time For Throat Dis.
cases, Colds and Coughs, BRowE's BRos-
I cIlIAL TRocHEs have proved their Ell.