The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-15
TO ANSWER FOR PERJURY.
Charles KeIlar, IA witness i'm the
lNearney Case, Arrested.

Witnesses, who for any reason want to
perjure themselves in criminal cases had
better be on their guard, or they will. If
they make bad Job OF it. find themselves
in the position of defendants with good
chances of getting an unremunerative job
in the service of the state for four to ten
years.
Charles Kellar, leading witness for the
defense in the trial of Patrick Kearney, is
the most recent victim of this law against
false swearing. and he is now in jail on
bench warrant. charging perjury.
kelar as win be remembered, Is the
white man who said he lived near the sa-
loon at which Wyness was shot by Kear-
ney that he was around there every night,
and was in the saloon a the time this af-
fair in question took place. He then went
ahead and described just how the shoot
ing took place in such a manner as to
make it accidental, his statement being
very Similar to the story told by Kearney
in his statement.
colored woman. named Nancy Good
letWith whom Kellar had been living, was
introduced by the state, and his testimony
was successfully impeached. She stated
positively that he was in her room in the
house about three doors from the corner
Of Price and South Broad streets, at the
time the shot was fired. They both went
and II was after that that he left the
house.
SO clear a case did it appear to be that
Solicitor General Osborne did not hesitate
70 have him arrested and sent to jail, and
there he is yet. 1t appears that he is una
BILE to give bond and will likely remain
there until his case is tried.
This makes two witnesses in the case
who are now resting under the charge of
perjury. The other is eX-Policeman Jim
Smith. who testified before Recorder Will
son the day after Wyness was shot, that
there was no difficulty at all, and that he
did not know anything about the shooting.
After Wyness' death, several days later
he went before the bench of magistrates,
which gave Kedrney preliminary hearing
and SWOre that he knew all about the ar
fair and went ahead to describe what took
place. The solicitor general has his state
ment before the magistrates with his sig
nature appended to IL. Smith when placed
on the stand as a witness before the kear-
ney jury denied positively that he ever
appeared before the bench of magistrates,
or testified before them in any manner.
Justice Samuel Reynolds, who was placed
on the stand shortly afterward, swore pos
itiVely that Smith did appear before the
magistrates, and made the statement to
which his name was signed.
All of this makes things look pretty blue
for those who are inclined TO perjure them
selves unless they know how to success
fully cover 1t up. The next witness who
gets on the stand prepared to swear false
IN had better cover his tracks, or he is
more than apt to find himself in the same
position which now confrOnts Smith and
Kelar The penalty is Imprisonment in
the penitentiary at hard labor not less
than four nor more than ten years, and it
is a crime which cannot very well be re-
duced to a misdemeanor in any event.
Murder may sometimes be made voluntary
manslaughter, but perjury cannot be made
anything else but perjury, and there is
no punishment but the penitentary pro-
Vided for it.