The Kalispell bee. [volume] (Kalispell, Mont.) 1901-1901, 1901-07-18
PERJURY IN COURTS.

06nVOot Nv WIN
At the recent meeting of the Iowa
State bar association, the president,
Mr.. Mccarthy, startled his auditors
by making some serious charges
against the course of justice in
American courts. Mr.. McCarthys
structures were directed principally
against the character of the testi
mony, especially in criminal and in
divorce cases.
rs it true" Mr.. Mccarthy asked,
that perjury is committed in judicial
proceedings? l need take no time for
the discussion OF this inquiry before
a representative of the bar associa-
ton. It will not do to credit all false
statements to lack of memory, vison-
airy exaggeration, inability to see and
understand things correctly, white
lies, imaginary delusions and such
like. Where IS the lawyer that has
not seen the guilty criminal pass out
of the court room acquitted and set
free because of perjured testimony?
What one Of us but has seen the
rights of persons and of property sac
rificed and trampled under foot pre-
sumably under. new form of law, but
really and truly by the use Of corrup-
ton and false and sometimes purchas-
ed testimony? These are the things
that beget distrust and disrespect for
the courts and for victims and for our
boosted forms of law. These are the
things that produce anarchy and
lynching and invite a just contempt as
we'll as lack of confidence in those
tribunals called courts of justice. One
Judge of long experience upon the
bench writes me that in his opinion
ceived on behalf of the defense in
criminal cases is false. Another Judge
of equally high repute writes that he
believed that 20 per cent of the evil
dence offered in divorce cases ap-
proaches deliberate perjury"
Another writes that perjury is com
mitted in majority of important law.
suits, and that the crime is rapidly
increasing. In short, with reference
to the prevalence of perjury the time
has come when, in the words of an
other, justice must wear veil, not
that she may be impartial, but that
she may hide her face for shame
Some place the blame upon the skep
tical and free-thinking spirit of the
times, some censure the courts fol
the careless, flippant, emaningless and
Indifferent manner in which oaths are
permitted to be administered, others
censure the county attorneys ant
grand juries for their Indifference o.
apparent incapacity to effectually ant
properly indict and prosecute those
guilty of the crime; others say tn,
law. is defective because of the dila
tory, expensive and technical diff
culties in proving the crime to tn,
satisfaction of trial jury beyond /;
reasonable doubt. Blame is also lai,
at the door of a class of attorney
who advise or encourage or at leas
condone perjury; and still anothe
=, very respectable number say it is be
cause of the lack of fear of prosecu
tions and certain temporal punish
ment for the crime.
1t is doubtless true that all thes
and doubtless other causes combine il
creating the evil complained of. TIL
gfasping and commercializing spiri
of the age, where every man
standard seems to be measured b
the amount of money he has acc,
mulated, might as well be added to tn
catalogue. Some tell us that tn
crime is committed mostly in the pc
ty and police courts, where as a rul
the witnesses belong to the viciou
classes. But the fact remains that
Is committed in other courts and b
men processing high station in societ
church and state. Who can plane
poor outcast of society for false swea
ing when presumably reputable cit
Gems do the same thing? Why do "
expend time and money in prosecu
ing some poor tramp for stealing a
overcoat to keep from freezing. whe
the wrecker of a bank. the despoil,