| Show A PECULIAR OASE luckily tb majority 0 alila and arnott flierl community in lie coni itry anre Bet isible rational considerate people fetich as anro to loo kinto nod assign to fellows eccli as beems constent coni tent mith alio constitution arc 0 a number of the oilier kind lio in diacon Bt ruction and alio wil hilly cherl logical in order that boma trifling aln pr a wary advantage may bo had llie reby 0 class are att enit to with ridic nio or cen bic of alio journalist aa alio proceedings of a court ot record and comments lefing billier ignorant or purposely oblivious to alie fact aliat it is principally by riichi means eliat errors in ghigli places are and eventually cured if opinion il to be stilled aal inena acas to 10 exercised otlien a judgment or decree is not ia consonance with their yihwa or interests then ernly have we taken a backward file in tho presence of the ages and invoked alio sought to lo 10 en grafted apon the politic by baich judicial mar plots lef freya anil marlborough it may not be and when a newspaper dis diases the work of a judge froni its own eland point it cannot ant do good ainoo if ft be wrong alie of the object criticized criticised will the more conspicuous thereby and it all persons including alie one overhauled will eventually come to an understanding ol 01 its this paper lias frequently had occasion to comment upon legal and colier decisions by those in authority and in so doing haa not in any instance permitted itself to be possessed of a spirit of captiousness fault fim ing or ill will whenever a mistake is made hie proper tiling to do is to trace it to its source that it may be exposed and eradicated when there are dionest at opinion ia bure to be an honest mistake one nay or another and we know of no method more than aree dis ioD when the court of alie territory makes nil erroneous ruling pie which it hits done on a great many occasions if wo all settled down toil the error would bo perpetuated and that would never do and alio sovereign soe reign remedy of a sovereign people unrestricted strict ed discussion alie suggestion of a line of action by the editors and its application by the alnajes be applied until absolute tyranny intervenes and taken ay tho right 01 course the decem on bel ties the care practically for the time being aud we must all submit to it morally it is not settled so long as any reason fin why it should be otherwise the court of is generally pretty well gorged with business at term time and having ao it does to liand down numerous decisions a short space in the consideration of which the also otherwise employed judges connot ia the nature had a great deal of may occasionally uke things for granted this may and may not account for some 0 the shortcomings which the superior tribunal at washington has been called upon to correct and corrected many throes Thin then would seem to be the correct procedure when a distorted case ia of scicli magnitude as admits of iti being taken from the local tribunal on appeal hut when thia cannot be done when the procedure is exhausted at alie finding by alie territorial supreme courland Cour tand we are still not satisfied that the law ia alie case has been fully drawn out and properly interpreted why then we can only question and suggest with alie hope eliat next time things may take ft different turn take for example the case of the people vs byron W brown eliose case on appeal was passed epou by the territorial triumviri triumvirs on anea he was bridd on the charge of perjury and convicted alie constituting tho alleged on 1 oco fafro published in these col time and were briefly that in hem examined on his roi r ilire as a candidate for jury duty lie testified thai be did not believe ia certain things held to ba correct principles by the church to which alie defendant belonged and that previous and subsequent to such examination ho had stated without qualification that the state of liis mind on that subject was auch as carried hm beyond mere beliet on the subject he incur that they w ere ti ue in the abstract there would not seem to bo a very grave nonence against justice in such a position and it would beem that brodu was a bad than a wilful of facts he wa and should have known it lie did not know that in such caama tho greater degree of consciousness not only included udea the lesser but cannot exist apart from it the psychology of words and their relationship to the process of reasoning aej thought are doubtless u lost or rather new found to mm anil his reasoning has been tho means 0 cutting him into trouble ignorance however aws nit no matter liow ignorant be abo other ron lotions lit ions prevailing in bia trial li ent and it nas respect to theto that we taink thero la broad ground upon which to question the supreme court it was advanced by allm eliat one reason why the below be act and a new trial ordered was that the did not alic verdict in that ho was shown only to have made two incon one ot thiern under catli alio other not we wish lie court haftl taken the time to analyze this of things a little more thoroughly and have given a daoro tory because exhaustive conclusion based upon the weight of authority tho rity perjury is dimply defined as shearing falsely and the simple is good enough for all practical pu poses in order to commit the crime alio llio dilso swearing must bo to rome event or thing clearly within the knowledge 0 the coq who ff ear now the of a anang is bla own property prop eity and can only lo 10 retried outwardly hy means 0 borne bolean conjuration by meana of which ahli conci eico la appealed to when no such conjuration is placed upon him lio becs not per anra when lie speaks lie merely lies and CT tf tho law does not liu inh the reat then w considered biilly li illy vas acry in favor of tho defendant in hie it lie liall aboin tu both soul dlo perjury ant does not swearing to one and not to the other lacavo the mailer in a doubtful situation can ajar properly bay when the law h fairly given to that tho facts hichi under oath arne alien not opposed with more alian mere statements how they tell on which or lie lied they doubtless that liis false took jaein la ein he jury box or aliey would not leavo found bilm guilty but they not have been instructed aliat tao conflicting do not alone constitute perjury and that if a existed as to whether alie falsehood actually occurred in alie jury box the defendant should have alie benefit of it we think so |
