The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-02-04


not attempt to allnde as to what my
good brother for the State win present
haven't time for that, Gentlemen Of
the Jury, my time | consider valuable
in behalf Of this defendant; not be-
cause there has not been enough Of
evidence produced before you, not only
70 give me but any other reasonable
citizen Of this county sufficient cause
to argue, and sufficient reason to be-
lieve that il is worth the Argument; not
from the fact that they have
produced such overwhelming evidence
as to convict him; not from the fact
that they have brought him here un-
der an array Of witnesses as intelligent
citizens Of this county tocondemn and
TO convict. That Is not iii tits from
TIE fact that this man to-day; not only
in the eyes Of this public, but in The
Ieyes Of our surrounding States, stands
As victim, as a mark Of punishment
for the would-bejnst Yindication Of
others.
i OBJECTED to by Mr.. Pitser.)
Il Then, Gentlemen Of the Jury, We
shall proceed to take up the evidence
as givea BY those witnesses in behalf Of
| the State In the first place, you
have two members Of former
Grand Jury, who doubtless are cor.
rect in their state ont s.
which are deserving Of credit, and !
lagree with my brother that more hon
orable citizens could not be fonnd in
the County. We admit that, but The
main question before you today il
this, as to whether this prisoner at the
bar willfnlly and corruptly made this
statement with tho intent to injure
or harm others. II isa question as "a
whether he has perjured himself, a
! question as to whether in the eyes 81
q the law he has made himself liable "a
this offence. Nov then the question
Of perjury, on its face as laid down
and defined by al 81 our LAW writer's,
is not the mere fact "a man making
q statement one In this wide
universe has that privilege, but hc has
: not the privilege to 60 before any off,
Ger properly authorized to administer
an oath and make q statement that be
willfully knows to be false at the time
Of making II. Perjury Is the lwillfnl
assertion As to the matter Of fact,
opinion, belief or knowledge made BY
a witness in judicial proceeding,
either upon oath Or any form allowed
. by law, whether in open court, affida,
: vit or otherwise, such assertion being
! known to such witness to be false and
being intended BY him to mislead the
: the Court or Jury Or any other person
to the proceeding.
a Now this is the question: Did Ed
: ward Murphy on this particular day,
! sworn by the clerk Of this court; &c
before that Grand Jury, and in the
presence Of his countrymen make q
willful. deliberate, false and corrupt
!, oath, knowing ct the time he made Il
| that it was untruef Now whilst tlle
State has endeavored to prove these
! charges were false. or that this state.
ment was false, yet. they have moi
, placed on this stand one single witness
! to prove tnat he made statements IA
the contrary, and that the surrounding
! circumstances were such as cansed
him to believe otherwise. Nothing bui
the statements Of Mr.. Evans. nothing
but the statementsof Veney, nothing
: but the statements Of his son, Herman
that he did not give Veney the reyol,
yer. Why the defense, Gentlemen Of
the Jury, could have produced the
} whole town for that matter to have
d made the same statement that Her
man Evans made. George r. Evans
) could have given Cornelius Veney i
! dozen revolvers without the knowledge
i Of Herman Evans, but he says that Thu
particular revolver that was used or
/ that day was carried to Cornelius We
] lney, and BY him, with an understand
} ing direct from his father.
II OBJECTED to BY Mr.. Pitzer.)
Il / mean to say that Herman Evans
said upon his understanding from BIZ,
father, he carried the revolver to We.
J ney. 1t was ia substance to that Of
j feet. He might have carried revol
} yer to Veney. You might have car,
ned revolver 70 Yeney, and / might
haye carried one to him, but does that
contradict the fact that veney had the
] revolver I Does that contradict the
fact that George r. Evans knew two
months ago that there was revolver
!, in the house, does il contradictthe fact
that after telling his boy to 90 for 4
revolver, he supposed il was in the
housed No one guiltyi no one guilty
all innocent but poor Murphy Crime
!, after crime Objected "a by Mr.. pit.