Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-08-19

TESTIMONY SHOWING THE VALUE OF SOME OF
THE EVIDENCE IN WHISKY CASES.
The case of Abraham Mitchell, the colored
witness In q whisky case, charged with perjury,
was called for trial in the Police Court to-day,
and his counsel, Frank Gloss, entered q plea of
not guilty. The prosecution offered In evi.
dence an affidavit Of the defendant made and
| used by ]. H. johnson In his application for a
| new trial in the case against him in which he
was charged with keeping an unlicensed bar
The affidavit sets forth ''that he (MitchelD was
| a witness in the case and testified that he pur-
chased liquor from the defendant; that upon
reflection he finds that he has done johnson
Tinney"
John H. johnson, colored, 25os N street, tes-
titled that when he was charged with keeping
an unlicensed bar Mitchell testified against
him, which testimony was false. Witness also
said that Mitchell swore to the affidavit re-
On crosse Examination witness said he never
met the defendant and John Tinney on the
morning following the disposition of the case;
| that he never offered them any money; that ne
never asked them to drink with him. Witness
said he met Mitchell on the day he swore to the
afhdavit In his lawyers mr. Lancaster's) Office.
Witness said he never paid nor offered Mitchell
any money, nor treated him to drinks until the
affidavit was sworn to. There were three John
| sons doing business on the same square.
testified that he met Mitchell shortly after the
case was disposed of, and asked him about the
case. Defendant told witness that he was
offered $5 in the case Of w. Y. johnson and
they had to put 1t on j. III. johnson, and now
they had to look out for themselves. Witness
said he then invited Mitchell to lawyers Office
ON street, where Lawyer Lancaster wrote the
afndayft, which he read to Mitchell twice, and
they then went to Justice Taylor's Office, where
he swore to the affidavit. Mitchell, he said,
signed the affidavit In Justice Taylor's Office.
William I. Bailey, who was Johnson's coun.
gel, testified to the testimony in the case, and
said his defense was question OF identity.
Od1cer Stahl saw Mitchell 60 in the defend
ants place.
John Tinney, colored, testified that he was
present when Mitchell had conversation with
johnson and Alexander. Alexander, he said,
offered Mitchell and himself ST. between them
TO change the case, saying there were several
Johnsons on the square. He said he did not
take the money, but they went and had a drink
together, he drinking water.
The defendant said that he was sitting on the
van In front of the court when Johnson and Al
exander came along, and Alexander asked him
II there was not some way to change the case.
They then started up town, and had several
drinks before they got into lawyers Office.
The only thing he remembered was receiving
two dollars from one of them. Defendant said
he was SO drunk that he did not remember
going into the Justices Office nor did he remem-
Der signing the affidavit.
The judge said that to convict person of per-
jury it must be shown that the swearing was
false and corrupt. The court regretted that the
case against johnson had to be nOlle pressed.
The court thought that the testimony in the
case was straight, and If any perjury had been
committed it was in the affidavit and not in
the original swearing, and dismissed the case.
/