The Van Buren press., 1903-05-23
TWO I[RD|CTS SET ASIDE
The Missouri Supreme Couit Re-
verses the Findings in two st.
Louis Doodle Cases.
FOLKS FIRST PERJURY CONVICTIONS.
They Were Those of Julius Lehman
and Harry A. Faulkner, Convict-
ed of Perjury In Connection Win
the suburban Railway Franchise
Doodle Conspiracy.

jefferson City, No, May 20.-Two
ST, Louis Doodle cases were reversed
by the Missouri supreme court. Tues
day, and remanded for new trial. The
opinion was rendered by Judge CAN'T,
in which all the judges concurred.
The cases thus passed upon are
those Of Julius Lehman and a. Il.
Faulkner. The defendants were
convicted of perjury and SEN
fenced to the penitentiary for
three years each They swore they
knew nothing of a Doodle fund OF
$4,000 for the passage OF the Subur-
ban street car bill through the NUM-
cipal assembly Of St. Louis, which de-
veloped that the fund was known to
them. The supreme court reversed
the case on erroneous instructions OF
the court, which put at issue whether
defendants had heard of such fund.
On that point the opinion in the Leh-
man case Is the same prac-
tcally as in the Faulkner case, which
says: "Whie varying somewhat from
the form of instruction condensed in
the Faulkner case, it is evident that
like the instructions In thar case 1t
submitted the issue Of he falsity OF
the defendants evidence as to wheth-
er he had ever heard of said $4,000,
whereas the indictment for which he
WAS tried assigned no perjury on that
part of his testimony, but alleges only
that in truth and fact he knew Of said
deposit, etc.
"Undcr this instruction the jury
might have believed that he did not
know, but had heard from somc
source other than the newspapers Of
said deposit, and so believing would
have been justified by this instruction
in conyicting Of perjury for falsely
swearing he had never heard Of II.
The court had no right to submit on
an issue not rendered by the indict.
ment, and in so doing clearly erred"
Julius Lehman and Henry A.
Faulkner were convicted Of perjury in
connection with the Suburban fran
chise safe deposit Doodle fund and
were given penitentiary sentences Of
two years each, Lehman In March,
1902, and Faulkner in the following
July.
Both were members OF the house OF
delegates Of ls09-l9Ol. and testified be-
fore the grand jury that they knew
nothing Of the $4,000 placed in es-
crow by Philip Stock for the purchase
Of the votes OF house members on the
Suburban bill.
The state introduced, in contradic-
tion of these statements, the testi-
mony Of Paul Rciss, an attorney and
member OF the house Of delegates OF
ioOl.i0O3, who stated that both men.
before the grand jury investigations
commenced. had spoken to him OF
the Doodle fund and had asked him TO
use his influence with Philip Stock in
getting their shares OF the money.
Lehman and Faulkner were the
only members OF the house combine.
except j. X, Murrel, indicted before
Murrells return from Mexico, In Sep
tcmber, 1902. After his return similar
charges OF perjury ms well as charges
OF bribery in the Suburban and light
ing eases, were placed against the 9TH
or members Of the combine Of 10, and
convictions have resulted in every case
which has come TO trial
The contention Of attorneys for
Lehman and Faulkner, during their
trials, was that their statements to
Reiss being made 20 an attorney,
were privileged communication and
were not admissible ns evidence. No
such objection was made In the latcr
perjury cases
The Lehman and Faulkner appeals
were argued In the supreme court by
Circuit Attorney Folk the first week
OF last January, and the eases have
since been under consideration,
Both Lehman and Faulkner are in.
dictrd for bribery In the Suburban
and lighting Doodle cases. Their trials
have been delayed because Of the sen.
tences pending against them. II was
at Lehmann's home In north 81. Louis
that the S7,jo0 lighting bill boode
flnd, which figures In the trial Of
Emil Hartmann, now in progress was
divided among the combine members