The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-04-01
Value OF AN Oath.
JUDGE TAYLOR BRILLIANTLY
POINTS 1T OUT
In Passing Sentence Upon Peter
SwaIIeu, who PIeeded Guilty to
Perjury-The Court Mercifu',
Yet Fearless and lust.

In court room No 2, tcfore Judge
Taylor Thursday morning, Peter Swallen
pleaded guilty Of perjury. Swallen was
indicted by tte grand ury, together with
John Eisenhaur, foI the offense to which
he pleaded, and made the plea to save
ths county the expense of trial, feeling
that he would be found guilty as wes the
case with Eisenhauer.
Swallen was sentenced by Judge Tay-
lor at o'clock this afternoon, Prcseou-
tor Pomerene first briefly stated the facts
in the case, which are quite well known
to the public Swallen testified before
the grand jury, October last, that he
had been in the saloon Of j. II. John
ston on Sunday and had bought a
glass of beer Ia the following December,
during the court trial,. Swallen denied
that he had so stifed, and testified to
different thing
Attorney Uphsm, in behalf cf Swollen,
stated that the defendant was poor,
unoultured, uneducatid man. He was
q friend Of Johnston S. Between the time
Of indi tment and trial Influences had
been brought to bear on him He knew
nothing about perjury and in swearing
to lie. did it without any motive of his
own, for he was to II crive no benefit. He
was led to do it by some one who had a
desire TO escape
Judge Taylor inquired Cf Prosecutor
Pomerene whether he knew anything Of
Swallen's past life to which he replied
that he knew nothing against hi u.
Judge Taylor told Mr.. Ssallen TO arise
and asked if he had any thing to say, to
which the prisoner replied;
II don't know what to say. l know
I'm in at tight FIX, l don't care so much
for mys II, but it's for my poor folks.
am the Only support they have. have
lived in Canton since 1850, and never was
arrested I beg for the mercy Of the
court
We'll THAT you shall have, said
Judge Taylor. Il will be as merciful as
the law will allow.
"Onc thing more, f rgot, said the
prisoner at the bar. II told the truth
before the grand jury, so help me God,
but was Influenced since by that man
Johnston"
Swsllen was crying and much agitated
when he made this broken statement,
and his were not the only moist eyes in
the court room.
The substance Of Judge Talyor's seq
tenoe follows:
You have been indicted for perjury,
and I cannUt allow this opportunity to
pass without comment The sanCtity of
an nsth lies at the very foundation cf law
and society. If, after taking the cath,
one can 60 iuto court and tell an un-
truth, there is no security fer the law or
for tie country or society. To allow
that to 60 on would mean to Withdraw
protec ion from life, liberty ana pro-
pc rty; it would be impossible to convict
of high treason There would be no re-
ward for good Cond CT, no punishment
mers game cf chance. What advantage
would lawyers have if no regard were
maintained for an cath? Every body is
inteIeste in seeing the law upheld. OF
what avail is the lawyer of ability, the
honest lawyer, il be work Of the shystei,
the jury ixer, and the like are to be
tolerated: Perjury is an enormous
otTense, heinous offenss. The man
who will swear falsely out Of negligence |
or Ignorance may not be as guilty as the
one who will swear for money, but he
is guilty nevertheless. will take into
account the fact that the defendant is
poor, and that his previous history is
good, and " i'll give the. lightest sentence
under the law 1t is the sentence Of the
court that you be confined in the peniten-
tiary and kept at hard labor for three
years, and that you pay the costs of
prn nsecutioD.
The jury in the case Of Sweet vs. Scott,
which comm enced WeiTe iaV afternoon,
a verdict in favor Of rlaintlff for
S46O. 25. TIE case was brought to recover
on note for $3.50 giSen fourteen years
sgo. Milton d. Shaffer was defendant
ss I'D endorler, and tie judgu cut in
clu6ed n tere on t note.
Judge Taylor today had another un-
pleasant duty tl perform, but he did not
,hirk IL, but fearlessly, justly and yet
mercifally meted ont the penalty of the
law to tie selond perjurer upon whom
be he's been called to pass serter co
his week. An effort was made TO secure
, new trial FIR John Eisenhauer, but the
court could not $40 that error bad teeD
made and flrmly believed the facts war
-an ted the fading by the jury. The
notion for a new triBl was ably pre-
sentei and argued by defendants coun-
el, G. T. Meyer and Ralph Amber, but it
did not avail. Sentence was pas ed at IL
clock today. Attorney Meyer made a
plea for the unfortunate man, and Eisen-
hauer also made ulsa for mercy. He
said be did not know what he was doing
md threw himself upon the mercy Of
he court In passing sentence, Judge
lay lor took occasion to again call atten-
lion TO tho enormity Of tho crime Of
which the prisoner was found guilty. He