The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-17
PERJURY in The COURTS
STARTLING STATEMENTS BY LEAD
ING IOWA LAWYER.
Bar Association President Says 1t Is
the Most Prevalent Crime of the
Age-Causes and Remedies.

COUNCIL BLUFFS. Ia, July 16.-Presi-
dent ]. j. Mccarthy made startling state
ments regarding the prevalence of perjury
in American courts of justice in his ad-
dress TO the Iowa State Bar Association
at its annual meeting in this city to-day.
us il true" Mr.. Mccarthy asked, that
perjury is committed in judicial proceed
ings? 1 need take no time for the discus
sion of this inquiry before representa-
tive bar association. 1t will not do to
credit all false statements to lack of men,
ory, visionary exaggeration or inability TO
see and understand things correctly. Where
is there a lawyer who has not seen the
guilty criminal pass out of the courtroom
acquitted and set free because of perjured
testimony? What one Of us but has seen
the rights of persons and of property sacri-
feed and tramped under foot, presumably
under due form of law, but really and truly
by the use of corrupt and false and some
times purchased testimony?
These are the things that beget distrust
and disrespect for the courts and for ver-
diets and for our boasted forms OF law.
These are the things that produce an
archy and lynching and invite just con-
tempt as we'll as a lack of confidence in
those tribunals called courts of justice.
One judge Of long experience upon the
bench writes me that in his opinion about
one-half of all the evidence received on be-
half of the defense in criminal cases is
false. Another judge OF equally high repute
evidence offered in divorce cases approaches
deliberate perjury. Another writes that
perjury is committed in majority of inn
portant lawsuits and that the crime is
rapidly increasing.
''In short with reference to the preva-
lence of perjury the time has come when,
in the words of another justice must wear
a veil. not that she may be impartial. but
that she may hide her face for shame.
Some place the blame upon the skeptical
and free-thinking spirit of the times: some
censure the courts for the careless, flip
pant, meaningless and indifferent manner
in which oaths are permitted TO be admin
istered: others severely censure the county
attorneys and grand Juries for their in
difference or apparent incapacity to ef
fectually and properly indict and prosecute
those guilty Of the crime; others say the
law is defective because of the dlatory,
expensive and technical difficulties in prov
ing the crime TO the satisfaction of trial
also is laid at the door OF a class Of attor-
neys who advise or encourage a least
condone perjury. and still another very re-
spectacle number say IL is because OF the
lack of fear of prosecution and certain
temporal punishment for the crime
The grasping and commercializing spirit
of the age, where every mans standard
seems 10 be measured by the amount OF
money he has accumulated. might well be
added TO the catalogue. Why should a ma
ton or a state cry out against discrimina-
tions, trusts, combinations and 'watered'
stocks when the very crime that makes
them possible is passed unnoticed? Why
does the press of a country write volumes
on the Constitution following the flag when
the sanctity of an oath that gives both the
flag and the Constitution their real signifi-
canoe is almost ignored?''
Mr. Mccarthy then proposed remedies He
said oaths were too common. He favored
the abolition of all official oaths and the
emphatic administration of the judicial
oath He believed that the Judge himself
should administer all oaths; that il should
be done with gravity and solemnity and
that witnesses should be told that extreme
punishment would be meted out TO per
jurers. Then the law should be enforced