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

then or any other time during that day.
He did not hear Evans use any such
language as that attributed to him
here BY the parties sworn, the man
who was supposed to have done the
giving and the man who was supposed
to have been the receiver Of the article
given, both testified that such really
did not occur. Now. il these things
did not occur, this man swore to that
what did not occur, could not have ex-
isted; what did not exist could not have
been seen; what could not have been
seen could not have been sworn to un-
less il was sworn to wilIfully, corrupt
" and falsely. contend that this is
a logical proposition.
Now thereis some other evidence in
this case. We put the Grand Jury
men on this stand and asked them
whether Murphy stated this before the
Grand Jury; and asked them whether
or not he did say that he saw Mr..
Evans take revolver out Of his peck
ct and put it in another pocket, and
then give it to Veney, and the sheriff
Of your county, man whose reputa-
ton cannot be questioned, and Mr.. II.
T. Cushwa, and there Is no more repu-
table citizen Of this town, swears that
Murphy did use the word pistol Or
'.gun;" that he did see George Evans
take it, but that he did say lie saw
George Evans take that pistol out Of
his pocket and giveit to Veney. They
60 out and get some of these members
OF the Grand Jury. What was their
purposes II was to rebut, if possible,
the evidence which Mr.. Cushwa and
Mr.. Gerling introduced before this
jury. They put them on that stand
to refute the statement Of those men
who were put on here, and did they
do it9 Two Of them knew nothing
about it positively. Mr.. Harvey
Small said he did not have any dis
tinct recollection Of it, Mr. Robert
Lamon absolutely knew nothing. Of IL,
They swear, gentleman Of the Jury,
they swearat the time that such things
could have happened in that jury room
and they would not have remembered
it; but they did put a witness on who
did recollect il; that was James Small,
and ! asked him If the word pistol
was used by Murphy and he said i
was positive statement, corrobrated
the testimony, but why did not the
gentleman 60 further? You saw those
gentlemen marched up to the clerk
and take their oaths, and were exclud-
ed from the Jury and from the Court
room; such men, as John w. Wei
shonce and summoned By
the defense in this case, sworn, exclud-
ed and yet not brought in here as their
witnesses. They we're left out Of that
! jury box because they would havecor-
roborated the State, and yet Murphy
comes on the stand and says he did
not testify to that effect. He is con
tradicting Mr. Evans, Cornelius Veney,
and Herman Evans.
| Now, who are you going to believe
in this case, those Grand JurYmen who
hold the evidence, Or are you going to
believe the isolated statement Of the
prisoner himself, Interested, his soul
wrapped up ii the question Of whether
or not he should escape punishment
for an act which he had committed
againstsIhe laws Of this State. The
menshere have nothing whatever to Dc
1 witlr this case. They were disinterest-
ed witnesses because they remembered
what was said before that. ] desire
/ to look into few Of these instructions
before | close, because you knowil
there is one thing in the world that dis,
tinguishes Aler, III is his peculiar, and
absolutely clear ideas and construction
Of plain law. He will w;ggle more out 81
a question Of the law that never exist
ed ia it than any man that practices
law before this bar. Now let us look
at these instructions. "The Court in,
structs the Jury that the burden q
proof rests entirely on the prosecution
chat Is not stated In this case,l and
that TN defendant is entitled to the
full benefit Of any reasonable doubt
That is good law 1t does dc.
voyle upon the State to prove
that this man committed this perjury
We have done III The preponderance
Of evidence here is heavy, weighty, uni
disputed, except BY the prisoner him
self in this case. We accept the
gauntlet that you have thrown down,
"The court instructs the Jury thatwhile
willfulness and corruption in giving
false testimony is one Of the elements
Of perjury, these might be inferred
from the satisfactory evidence Of such
facts" You are 10 infer the corrup-
ton and the willfulness from the facts