New-York tribune., 1907-06-23
GAYNOR ON PERJURY.
He Points One Little Used Method
of Discouraging 1t.
BY Mr.. Justice GaYnor.


Almighty God has planted an instinct Of self
preservation. bias, IL you WILL in the heart and
mind of all the sons of men. which makes them do
as we'll as they can for themselves under all cir
cumstances-without doing wrong It is true, but
nevertheless right up to that narrow and some
times vibrating and obscure zone where right TO
ordinary mortal vision scarcely ceases and wrong
hardly begins This applies to the testimony OF
witnesses in court. An interested witness may tell
his story the best he for his Interestingly give
his testimony tone and flavor all his own-and
still not lie He only unconsciously heightens the
color. All men perceive such natural bias, actually
feel II as an honest II not an unerring instinct
and know how to deal with 1t and what discount TO
allow for It. To Danish it from the courts would
be TO make again and make them not
partly human but wholly divine.
But downright perjury is another thing. That It
is rife IN courts cannot be denied. 1t has
grown rapidly during the last twenty years Ger
tain members of the legal profession are largely
responsible for It. II is In cases for dam
ages for negligence that II has grown to shameful
proportions. There time when person who
got hurt street cars. in manufactures. by
alleged defects in highways. and went TO his
regular lawyer. 20 tn, family lawyer, or to his
friends neighbor's lawyer. II he had none him
self In that way such cases were distributed in
honest hands But that has all been changed. There
are a few lawyers who send out runners, ambu-
lance chasers as they are called. and solicit such
cases and get them by persuasion and encourase-
rorsons who do not Wish 10 Bring an action deem
Ing themselves at fault for the accident, or not be-
In that way nearly all who meet with accidents
fall into the hands OF these few barrator lawyers.
orable lawyers who would get them BY natural Sc Sc;
by their clients warranted action not to
lawyers most of whom 90 not scruple 10 point out
supplied. This will no longer be the case when
such men can no longer get into the legal protes-
or be so much without cast there that clients will
know that to entrust them with even a good cause
Meanwhile the question of making the solicta-
disbarment might well be considered The moral
end Intellectual tone Of Of our bar here e in NJ the & four
New York Is rising rapidly. owing to the precaq-
mission Of unworthy and uneducated men. No one
can fail to have observed the splendid average Of
the young men who have come TO the bar here
during the last ten years.
perjury is not ell the plaintiffs side in the class
of cases which has been mentioned. AS general
E9 o9s wc 5 havd 10 dy III the
courts against such actions have also resorted TO
only tight fire with ire But this is not even a
lame excuse-it is no excuse ell And what trial
Judge hereabouts has not often seen a verdict for
the plaintiff on perjured case. where the jury
except for the gross perjury on that side also7
fh9f h & a s 0r fben pgygry IN IN Tn tns
ask why that is so? ~ Is because they have the
not stop 1t. An experienced trial judge can tell
perjury at a glance -.,.,. "a ,..,-.- -.
who sit day after day. the yeaE round listening 70
nizTng that trial judges OF courts of record are
lature has empowered them to summarily commit
on the spot witnesses who perjure themselves be-
I Il suppose. borrowed from England It is now
Section l02 OF our Penal Code. and is as follows;
pe3n ho m s booTa % it in ' action
ceedng in that court has committed perjury IN any tes
BY order or for that pos to 5Son d or take
swering indictment for perjury.
The periurer would no more dare to come for
ward as a witness in our courts than in the Eng
lsh courts If he knew that our trial judges were
in the habit OF committing perjurers tho spot
Nor would any lawyer produce an obvious per-
prompt disbarment. Some of the trial judges in
Kings County in the Supreme Court and in the
County Court have in recent years summariy COM
mtted perjurers under this statute and the effect
surprising: Cases on the day calendar We're
speedily abandoqed after such. such commitments M tba
scratch as tue saying is-and the length or the
day calendar had TO be increased for Il week. or
even for S eep the parts m Of court BUSY on
the daily call cases fell by the wayside In unusual
qntipathy of trial Judges to perjury is 50
great that many wonder Wny 1hgy 40 not tss
statute The reason may be found In the prone
ness Of appeal Judges in recent years to meddle
with and adversely crltcise trial judges in matters
ntrusted TO the discretion OF Inc latter for the
orderly and safe administration OF justice. A trial
judge may feel reluctant TO commit periurer our
ing the trial OF q case II on appeal some judge
(and, may be- ono who never tried a case) IS TO
hem and haw over his conduct. and say may be II
Influenced the tury-just though 1t should not
have its legitimate Influence like everything else
in this world-and on For the same reason
trial judges have become naturally reluctant TO
exercise their undoubted right to discuss the evil
dence of witnesses in their charge ON the head of
whether 1t is probable, or true, and to point out
circumstances indicating that il Is or Is not.
Trial Judges in the State of New York have the
same power in this respect as the English judges
have and to state their belief or opinion on the
facts and exercised it freely until recent years TO
he
is NOT easv for juror who comes to court only
once a year, in two or three years. 70 alway 3
see perjury which is plain inough 70 bench and
bar for What gcodly outside falsehood hath
The law therefore expects the trial judges TO Snow
them how to test evidence and see whether II mas
faIsehoods earmarks or not-Bench and Bar.