Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-10-10
WHY WITNESSES SWEAR FALSELY.
Perjury Committed Before Examiners
In Equity Cases-EaSier to Lie Before
Small Audience than a Big One
How Persons are Said to be Inveigl led
into Perjury.


some Of the witnesses have come forward and
admitted that their testimony previously given
was false, and that they were persuaded to
give false testimony for consideration, has
caused considerable unfavorable comment. To
lawyers and others, who have for years
been about the courts, this occurrence
revealed no state of affairs. It
has long been apparent that in equity causes,
when the testimony is taken by an examiner.
signed, sealed and transmitted to the court,
there has been considerable questionable, If
not downright perjured, testimony given. The
rules which allow testimony to be thus taken are
an incentive to" put up" testimony. 1t is much
easier to induce parties to lie under oath before
an examiner and but two or three others than IL
is to get them to perjure themselves on the wit
ness stand in q crowded court room. In one in
stance the witness thinks that but limited
number of persons will see the testimony, and in
the other there is always a chance that when
many persons hear his statement some one may
hear 1t who could deny it at least in part if it
were not true. Then if under cross-examina-
ton he breaks down he would prefer that but
few should witness his discontinue.
IT'S 1t not a remarkable thing" observed a
lawyer the other day speaking OF a certain case,
''that the same men should be witnesses on both
sdcS?"
YES" answered q bystander "but I have
heard Of such cases before. There was one not
long ago in which eight or ten men swore that
day near Richmond and that they knew both
parties well. They described the wedding with
the utmost eXactness. Within a week some of
them denied that the woman in question was
the party then married; some said that they
did not know either party and that they were
never at the place. and others that they knew
the man was not married at that time for they
were with him in Baltimore on spree"
"Who were the witnesses? Were they ever
prosecutor" asked the lawyer
"The best answer to Me first question:" was
| the reply, "is to say that some are now in the
penitentiary. Don't you think that there are
some members of the bar who are in a measure
responsible for false Swearing?o
why yes,' was the answer; ''there are
| among members Of the bar some black sheep,as
there are in all professions and callings; men
who will hesitate at nothing to carry a point.
Some will, when they get a case. set about
to get the proof and will accept any
needed. You have been about the courts long
enough to have seen witnesses go on the stand
| and deliberately lie. You know then that wit
nesses can be bought, and, judging from the
standing of the parties in whose interest they
swear, they can be bought cheap. Some law
perjury or not, and are satiffed If they make a
case. taking no pains to learn If the witness is
hhGnss and LEAVING the
Are not some witnesses inveigled into false
| swearing?"
"Yes, suppose some of them are" was the
answer. "Suppose you are seeking divorce
and 60 to one OF this class of lawyers You
plainly state your case and what you expect to
prove, giving the names Of your witnesses He
sees that your case cannot be made: but does
not tell you SO. He asks you to send down your
Witnesses IneSe appear AT the lawyers Office,
and he talks to them separately. He takes one
who relates facts and circumstances which
tend to prove the case, but do not prove 1t alb
sOutely. Does the lawyer despair? No not if
he is one of the kind of whom we are speaking
He is writing as the witness speaks, and YOU
may depend on it the statement he writes out
is quite sufficient to prove the case. This DONE
the witness signs and swears to the statement
which the lawyer has written out having faith
in the lawyer. The case is docketed and refer
ence is made to take testimony. Before YOU
60 with your witnesses to the lawyer the affida-
Wits are read. The witness who finds that here
and there his statement has been doctored
rather than appear with the record aga inst hi M
which has been made through his c;relessness
| adopts the doctOred story and so swears before
| the examiner You must not, however blame
! the profession, for while have good reasons to
believe that there have been a few cases of this
| kind must confess that we know of hut q very
! few such lawyers. Then again we must re- :
member that there are some clients quite free
from conscience and devoid OF principle who
| case, and require. the attorney only to
| do the writing and conduct the case in the
courts. remember now case OF party who
| sent witness to me. After the witness had
as to prepare his deposition, told him when to
call and swear to 1t. And as he left he admon-
! ished me to draw it like lawyer and ri swear
| to it like man. 1t was only another mode of
saying make her good aud strong"
"Well, without discussing who is to blame, is
| there not a remedy?" was asked
| YES said the lawyer, 'in divorce cases If
| the testimony was taken In public much false
| swearing would be prevented tor the reasons
! already stated. The most wholesome remedy
to apply would be vigorous prosecutions for
ter when the testimony is put up to order. NV
be falling of of doubtful cases."