The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-07-03

presencs The English ;szfgss take cogni-
rance OF such incstsnts and when u
becomes apparent that the witness has
sworn falsely. he Is not permitted TO leave
the court until she matter can be irvss-
ssgates. ard a commitment 20 che Grim
insi court follows
There 10 no deubt that swift retribu-
ton is shs only way 20 cheek perjury.
and IL L. trrs that lawyers have often
thrown I'D their briefs In open court be-
cause they knsw that their Witnesses
hst committed perjury. The sense Of
professional honor should so TO the as
ssstance Of the cogrf in sndeavors 20 Sc
vsresy punish srch menace to Justice.
The proposed means OF rsmessy. how
ever. Eill no. commend itself in this age.
The Tninoss judges think that the hurried
and almost unirfeilsxible mode % st-
u1snisterfng The cath fails 70 impress wit
nssses with sense OF the soiannnity OF
iAs occasion and some Of them would Ike
20 a return 10 the custom OF swear
ing the witness on the Blb.s or even re-
eairing him 70 kiss ths book as has
besn the custom for hundreds Of years
Ia EnslsD.. II sss retained in New Eng
Land. New Jersey. Pennsylvania and
Maryland. bat II gradually dying out
there
Haiia-n says that perjury was the domi-
nant crime Of the middle ages. "encour-
aged by the preposterous rules Of com
pargasion and By the multiplicity OF
osthsin tha scclesasi;icai law" Cooley says
II was this prevalence Of perjury which
Is said 20 have led to the proceeding
called az aftaint. for ~ Is related by the
old writers that during a considerable
period after the conquest Il was difficult
20 maintain the Saxon administration Of
Justice in the county court, By reason
OF the lapsed integrity Of the freehohiers
who were usually assembled IN these
courts IS turyrnen." so that over a thous-
and years arc the same complaint waz
mad. as that b. the Illinois judges.
In those days thu general rule was that
witnesses we're counted. not testimony
weighed Bat when the number was
nearly even.y balanced. very singular
method was resorted 70 for determining
the superior value OF the statements Of
the contestants A graduated scale az
oaths prevailed ana legal credit vas
given them Ia accordance with the rank
OF The witness. Thus The oath OF a per-
soa worth twelve hundred shfIlings was
equal 20 that OF slx churis. shish was me
term applied to an ordinary freeman.
each OF whom. however. was considered
as wslshty az two weishmen.
Hume observes that whatever re may
imagine concerning the usual truth and
sincerity Of men who lived In a rude and
hArhareus state. there Is much more
falsshoo8 and perjury angrg them than
among civilized nations. Our European
ancestors who employed every moment
the expeasnt ~ swearing on extraorain-
ary relies. were less honorable IN al en-
EaFements than their posierity. The gen
srsl proneness - perjury. he says. was
much Increased ny tse usual wan; q dis
eernment n iadgas who could 10, discuss
intricate evidence. ara were obliged 10
number. not weigh. The testimony OF the
witnesses
Apart from tAs act az kssssag the bouk
the question -. hew Far ere cath even IN
SIS most solemn form lands ary sznetion
20 testimony. May COED lawyers are q
TIRE opsnlsa that csshs should bs tone
away with ara eviteaee given IN court
tust as & T. given oas 90 court. the orssi-
sslisy % tie witness being determined ~
/ his character. as n any business transac-
tion. Apart from the religious character
ef an Oath. SIS vaire IS solenr sfrrrrsa-
ton. as distinguished from = casual re-
/ marx aas N every age ee.n rouns 70 sup
/ piy The stranxass held On The conseiences
q msn. rora chlsf Jus,ic. VINES tn ais
| eslssratea fatgrssnt n ouichuna IS Rsr-
I ksr. says, "Oaghs were Instituted lonx
/ e~sor. Csr'siisrity, were made use &c -
/ IRE sane purposes as now. ws-s .lwsys
/ as't n he hlxsest vsHerasicr. ard a.. a.
1 saost ss s,s So tie creation. Nothing BAT
Z the eslis' n a 0oe s-a that sc vi ~
/ ~srs ans rarssA Is sceeralng - our de-
ssrss Is reeesssry 70 aeAaty mas 70 saks
f - eath.~ TIE ancient Romans -sss -
/ eeeiav&tsaas swearing ~ scvs." arA IRE
/ CO ErKssss farsrs us1z1v .resaass an tsrs-
I rseos,iss inviting DIVINE vengeance On
/ himself e ;As witness testimony Re Tn
/ true
Z y has s~ea al: shat Eeo3 man wsasa
( ss~&k sAs srwth without ID. cath "a tss
/ bad ess uaecks az rs eAsEsatsan TAIs =
h~cenIns mere sssrsy true aaw ia, ~
nsioa Aas ret - sgre1x a Aosa az4 wssa
mee sHaRs ssatensags s@aseace4 far uo~s
+ ~ thssr ewa ssass 81 ae-e- tAAz ~ ary
fear - sss sate e, AHsa5aa
Arcseisacp seeker Asasiis q 70 - tree.
eas Observes shss ~tss ssserssty - rsaa-
ssse are - rat1sr SEE; neither - xar-
tsses as % be safety trusted n o~ss -
tnport&nr~ On thsgv bars Ward. .er yrs -
sAssaesea So - vipstss r,ese scse--@
ea~xKe-ons Aeao1tiaxy. Ne Sui hv sx-
pa~sencr thas sssry ~. eo8ly say SHAT
they hy 80 means vi venture - s~esr e
E u seems si7scss nsre<ssry. tAsr~fsre. -
szw~ scs~e sern - wssch zes saaH se
/ Eexesse3 wssa an aWs - tie xe,emnssy
E sf xaelr statements Haae fa eeurs-~saas.