Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1899-01-12
MALICIOUS Perjury.

Basic City, Jan. IA great deal of
interest and excitement was caused
here today 10y the trial of j. A. Van
Lear, l.. { Sergeant of Basic City, on
the charge of malicious perjury A
great many witnesses were summoned
| from both Staunton and this place, and
| large crowd of spectators filled the
courtroom Justice John w. Oh rch-
man presided, assisted by Justice John
| Hunter. Il. w. Crowder and Charles
Curry represented the accused. who
was prosecuted by Mayor Griffith OF
| this city
| The cause of the trouble dates back
to last October when acting in bis OIL
cial capacity, the Sergeant took pris-
Oner to StauntOn for confinement IN
the county Jail. He was young white
man, charged with burglary. The
| party drove up in buggy, and drank
SO freely of cider on the road that on
arriving there the officer was drunk.
| He also gave his prisoner drink. At
the Jail the officers drunken condition
amused the crowd of loafers that soon
gathered. Editor r. d. Haislip, OF
the News, witnessed The affair and crit
icised the officer very severely in his
paper the next day. When this in
formation was brought to the atten-
ton of Mayor Griffith, the officer was
suspended from duty and afterwards
dismissed from office by the city coun-
Gil. The Mayor then instituted pro-
ceedings, charging malicious perjury,
| in that, the officer made a statement IN
der oath before the city council that be
was not drunk on the occasion named.
During the trial it developed that eli
old and bitter enmity existed between
the parties, and some charged that the
prosecution for perjury was perse-
cuti0n.
I'M. Coiuer. member of the coun-
Gil at the time Van Lear was 0imisSed,
testified that the prisoner voluntarily
made oath that he was not drunk on
the day named, but that he had been
up all the previous night looking for
an outlaw and that he was sick and
had drank some, not enough to inca
pacitate him, that he had performed
his duties we'll, but acknowledged to
having given the prisoner some cider
| in Sheriff Watts Office. The expul-
sion of the officer, he said, was done
without witnesses but on reliable
heresay evidence.
| J. f. Fry, another member OF the
council, said accused admitted to have
drank some, but claimed he was not
drunk. 49,,
A. J. Harding testified substantially
as above, adding that he had seen
! Van Lear in Staunton and that he did
not consider him drunk.
Police Officer J. A. Ne wnan was at
| Jail and saw Van Lear; considered him
a drunken man, and heard others re-
mark on the fact. Thought him
drunk enough to know that he was
drunk.
W. M. Manley, of Stanton, was
working on county building at jail,
and was of the opinion that accused
was affected by liquor.
HR. D. Haislip testified at 'ength to
the disgraceful spectacle the officers
drunkenness presented, and the fun
that the crowd got out of it. Saw the
officer leaning against the Jail holding
on with one hand to a wire fence. was
too drunk to unlock handouts from
his prisoner.
| Vim, Johnston was friend of the
officer, had accompanied him with the
prisoner to Staunton. They had all
drank. and witness more than any, but
was not drunk: neither was the officer:
Mr. Van Lear, when put upon Tue sIano
said be had made oath before the coun-
Gil that he was drinking some, but was
not drunk, and he repeated that asser-
ton now. Was sick and sleepy from
exhaustion and had taken cider, could
attend to his duties and had done So,
Had never had his oath questioned
before. His prisoner had been on a
spree and needed stimulant, so he
gave him several drinks of cider, as he
felt sorry for him.
i A number of witnesses were Intro
duced to prove good character OF the
lprlsOner.
After an able and eloquent review
of the case by Attorney Curry, Justice
Churchman dismissed the case. declar-
i. ing there Was no evidence to prove
malice or false swearing. The fine
point developed in the trial was, AT
what stage of drinking is man drunk,
and s'does a drunken man ever thlnk
himself drunk" If he did not think
himself drunk there was no perjury
SO ruled Squire Churchman.
A. S. NJ.