New-York tribune., 1911-11-26
udges Depore Increase of Perjury, Especially Lower Cou

In a material matter in an action at law.
Every observer sees that which he observes
from a different point OF view. Very often
when perjury IS suspected there is only the
natural difference Of opinion or observation
brought before the courts and frequently
punished There is not as much OF II In
the upper courts as below. one reason
may be that the proceedings in the higher
courts are conducted with greater solen-
nity. and the consequences Of the crime
seem more severe. We use tire Bible In
court. or the uplifted hand, II the witness
nrerers 20 affirm The time may come
when inventions like the pulse machine. or
sphygmoeraph, may be used 10 ascertain
the truthfulneSs Of witnesses. All such de-
vices and methods, like the word test, Will
no employed when public opinion recog-
OF witnesses Our laws against perjury are
sufficient. and cases OF it are frequently
uizes their validity. New inventions gradu-
slIv work their way into legal procedure.
Time was when telephone conversations
were inadmissble i'm court, but now 'ney
constitute coed evidence
Said Magistrate Corrigan:
Perjury is indeed very common and df-
fcult TO punish. Last year / held man
named November who committed perjury
in nv presence ne swore falsely that ne
had never been convicted before. He was
locked up. My successor. Chief Magistrate
NcAdoo. came along end discharged him.
II is difficult TO handle cases in view OF
the court decision i'm the Hagaman insur-
ance case that witness has a right to
law should be simplihed and the judge
should be permitted 10 punish perJurers lor
contempt of court. II Is better for the de-
terrent effect, which is the chief object OF
punishment, to give ten men six monthS
aolece than one man six years In jail. A
swift and sure If moderate punishment
would be better than a big penalty rarely
applIed To illustrate the ineff1ciency OF
TOO stringent laws, look at the Sullivan
pistol law; il hasn't suppressed the carry
ing of pistols. The penalty is great ana
there are few convictions. IT, on the other
hand. every one carrying a pistol wouid
get six months there would be better re-
suits So with the white slave business
Formerly il was an act OF yagrancy, with
a six months sentence; now il is misde'
meanor for the Court Of Special Sessions
and there are fewer convictions. One ad-
vantage of the magistrates courts is to
handle a case when the witnesses are avail
able and injured parties are eager 70 prose
cute.
THE penalty OF ten years for perjury in
a. civil case and twenty years in criminal
case is too great for securing practical re-
suits. This crime does not belong only to
the East Side; it is common in every court
In 90 per cent of the cases where the de-
fendant testines he commits perjury. Un-
doubtedly perjury has increased, and for
the reason that people see IT is safe pas
time There is no comeback. This has nap
pened in the last few years. In one good
respect the law has been made more dras-
tic-that the making Of contradictory
statement under oath is prima facie evil
dence of perjury. Ex-District Attorney
Jerome suggested this Improvement. An
indictment can be had on one Of the con-