The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-10-09
GREW OUT OF BITTER
ELECTION CONTEST CASE
Defendant Is a Prominent Far
mer and Politician Of
Alfalfa County

The criminal court of appeals. in
an opinion BY Judge I. H. Doyle,
this morning, reversed Judge M c.
CARRIER. OF the Twentieth judicial
district. In sentencing W. II. Pill
grim, prominent Cherokee farmer
and politician, to two years in the
penitentiaTy on perjury charge
which grew out of the bitter election
contest In Alfalfa county in 1907.
The court remands the case with in
structions that the prosecution be
dismissed
Pilgrim was a witness before the
grand jury which investigated alleged
frauds committed IN connection with
the election. Pilgrims testimony
before the grand jury was not very
specific and because he testified in
one instance that lie delivered the
election returns to the county clerk
on Tie night of September II and at
another time stated that he thought
Ii was on the 18th, but that his re-
ceipts would show the date. he was
indicted for perjury and was given.
Il Is alleged, railroad trial" be-
ing convicted In October, 1868
Judge Doyle. Alter lengthy review
of the case. In conclusion says;
with the original and duplicate
receipts in evidence before the grand
jury, we fail to see how he evil
dence Of defendant could be material
In any respect, without giving him
the opportunity to examine said re-
eeipts, and that he then should deny
their correctness The dates as
shown by the receipts could not be
established by statements of the de-
fendant. as a mere matter of his
opinion and belief.
Under these circumstances rem
dering It Is very probable that the
defendant might have been mistaken
as TO dates, and very improbable
that he should have remembered all
OF this correctly. There Is nothing
in the evidence, either direct or by
inference, that tends to show that
the defendant had any knowledge
that the testimony he gave before
the grand jury was false.
For the reasons herelnbefore
stated. we are of opinion that uae
evidence is insufficient to establish
an eyil intent, or that the testimony
was given wilfully and corruptly
and that the evidence as shown by
lhe record Is wholly insufficient to
support conviction for the crime
OF perjury.
Our conclusion is fortified by the
fact that defendant Is man OF good
repute, as shown by the record"
syllabus Of the Opinion.
/. Sec. 1898 Wilson's statutes
provldes THE grand jury must ap-
point one Of their number as clerk,
who must preserve minutes Of tlseir
proceedings, except of the votes ol
the individual members. and OF the
evidence given before them Held
THAT this statute does not require
that evidence before the grand jury
be preserved. AT most 1t means min
utes of the evidence, which would be
merely memorandum
2. Sec 5347 Wilson's statutes
provides "A menber Of the grand
jury may, however, be required bS
any court to disclose the testimony
of witness examined before The
grand jury for the purpose Of ascer
tanning whether II Is consistent will
that given by Tire witness before thu
court, or 10 disclose the testimon'
given before them by any person
upon a charge against him for per
jury In giving his testimony or upoI
his trial thereforF IIeld-That thii
statute atEirmatively establishes thi
competency Of grand Jurors as wit
nesses. teetifying orally as TO tn
statements OF defendant, made as |
witness before the grand jury In !
prosecution of said witness for per
jury
3. On a prosecution for periur,
consisting OF testimony by defend
ant before a grand jury which wa
investigating crimes committed i
connection with the unlawful mutt
latlon and alteration OF election re
turns. 1t was error to admit In eTl
dence and have read from the rec
ord an address made by the presis
ing Judge at the cenvening OF tn
first term Of the district court {
the county. such evidence being 1
relevant and calculated to mIslea
the jury as 10 the proper grounds an
consideration unon which the
should found their verdict an
sherefere nreiudicial TO the defens
ant
4. Sec. 2osi Wilson's statute
proviies: An unqualified sfatemer
Of that which une does n0t know
be true IA equivalent to a statemer