The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1903-05-22
TWO V[RD|CTS SET ASIDE
The Missouri Supreme Court Re
verses the Findings in two st.
Louis Doodle Cases.
FOLKS FIRST PERJURY CONVICTIONS.
They Were Those of Julius Leh IN N n
and Harry A. Faulkner, Convict
ed OF Perjury su Connection with
the Suburban Railway Franchise
ROodIe Conspiracy.

jefferson City, Mo, May 20.-Two
st. Louis Doodle cases were reversed
by the Missouri supreme court, Tues
day, and remandod 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. l..
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 muni-
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-
tically as in the Faulkner case, which
says: "While varying somewhat from
the form of instruction condensed in
the Faulkner case, it is evident that
like the instructions in that case it
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.
Under this instruction the jury
might have believed that he did not
know, but had heard from some
source other than the newspapers Of
said deposit. and so believing would
have been justified by this instruction
in convicting of perjury for falsely
swearing he had never heard Of it.
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 1s99-190l. and testified be-
fore the grand jury that they knew
nothing of the $4,000 placed in es
crow by Philip Stock for the purcha Sc
of the votes of house members on the
Suburban bill.
The state introduced, in contradic-
tion of these statements, the testi-
mony of Paul Reiss, an attorney and
member of the house of delegates Of
1901-1903, who stated that both men,
before the grand jury investigation
| 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. Murrell, indicted before
Murrells return from Mexico, in Sep
tember, 1902. After his return similar
charges of perjury, as well as charges
of bribery in the Suburban and light
ing cases, were placed against the 9TH
er members of the combine of 10, and
| convictions have resulted in every ease
which has come to trial
The contention of attorneys for
Lehman and Faulkner, during their
trials, was that their statements to
Reiss, being made to an attorney,
were privileged communications and
were not admissible as evidence. No
such objection was made in the later
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 cases have
since been under consideration.
Both Lehman and Faulkner are in
dicted for bribery in the Suburban
and lighting Doodle eases. Their trials
have been delayed because of the SEN
tences pending against them. 1t was
at Lehmann's home in north st. Louis
that the SAT, 500 lighting bill Doodle
fund, which figures in the trial of
Emil Hartmann, now in progress, was
divided among the combine members.