The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-02-03

eVhft has placed on the language lusf
read 70 you, allthe law which pertainsto
the felony statedin the Indictment has
been stricken ont. reducing the crime
charged here asa simple misdemeanor.
The whole case. as the State expects
TO prove, is that when the Grand Jury
10 session on the l4th day Of last
September, among the witnesses which.
were duly sworn in open Court and
sent to give his testimony before the
Grand jury was Edward Murphy, the
prisoner in this case, and before the
said Grand Jury he testified to the ex-
tent Of the language used in this in
dietment, stating, as you have heard it
read, that he saw Mr.. Evans take the
revolver from his coat pocket and put
it in his hip pocket he heard him
state to Chas. Veney that il any show.
mar crossed his promises he should do
SO and so. The State expeck to prove
that such a statement was Made before
the Grand jury or at least the sum
and substance was made before the
Grand Jury, that the giving Of the pis-
tol and the using Of the language, as
set forth in this indictment attributed
to the evidence Of Mr.. Murphy, did not
occur, such words were not used.
BY Mr.. f. VERNON Aler:
AS said by the representative Of the
State, this Indictment framed here
against Edward Murphy sets up the
charge Of perjury, which in its full
meaning as laid down BY our standard
law writer's il this, that Il man must
make a false statement wilifally and
corruptly and maliciously. Or IN other
words, he must make q statement at d
particular time what he knows to b.
absolutely false and untrue at tbs
time Of making it. Now then, ths
construction that ] place upon the
word perjury, and the inference thai
| draw from these writers is to illus
trate it in this way: If John Smith
was arrested for some crime or other
goes before d tribunal properly author
lied to administer an oath, and make.
q statement there to the effect that he
was not present at the time, and wa.
not within, say a hundred miles Of the
place Of committing the deed, that BIC
was in an adjoining State and that he
was on a different mission, another
business mission Of some sort, and thel
it is clearly proven that this man was
there and thathe wasnot absent bui
that he was engaged in that crime,-
did know Of II; then it would 60 Il
show clearly that at the time ssof max.
ing his statement he knew it to 81
false, he did II for some effect, he die
it to accomplish some purpose or other
consequently, the law makes perjury
d crime from that fact. That one maj
by his scheming and planning could q
before a tribunal and under some falls,
statement relieve himself from al
responsibility, and thereby perhaps
be the means Of the conviction of som,
innocent man, consequently the Law
p~articularizes perjury as such a crime
Nov, Gentlemen Of the Jury, as Mr.
Pitzer has stated that the indictment
has been framed on our statutory law
but that identical law places them il
a position that they are compelled 4
prove beyond a reasonable doubt tina
Edward Murphy on this occasion wen
before that Grand Jury knowing hi
statement to be false, knowing it I,
be corrupt, went there after due de
liberation and with malice, to accom-
plish some purpose or other. Nov
that is what the defence will expee
the State to prove. The law is to tn
effect that on such an occasion h
must willfully swear falsely touching
any material matter or thing. Nov
then, Gentlemen of the Jury, there j
another important question in thi
case, as to whether this matter wa
material at the time it was, stated
This indictment charges this man wltl
willfully and corruptly swearing falsel.
touching the material matter. Thos'
are the exact words of the indictment
Now then, we shall expect them 7,
prove mark you) that this statemen'
was made willfully, that il was q ma
terial matter, that it was done corrupt
ly, and that it was made after all du,
elaboration; further We shall expec
the State to prove that his statemen
was false at the time of making it
Now the matter resolves itself int,
just one fact, as TO whether this maj
made a false statement, and whethe
he did it. with an evil mind. Now tina
il what you i to try. And we snail
expect in behalf Of the defendant t,
prove that he was placed before thi
body by theAState for the purpose 0
iw.nHo. flsa s1n 84&4 r.