83 P. 865 | Or. | 1905
Lead Opinion
delivered the opinion of the court.
The defendant was convicted of the crime of perjury for testifying falsely while a witness for the plaintiff in an action brought by one Charles R. Lane, under the assumed name of John L. Bock, against the City of Astoria, to recover damages for an injury alleged to have been received by him on account of a defective street. The case for the prosecution tended to show that the defendant and Lane were friends and acquaintances residing in Contra Costa County, California; that Lane was and had been lame for many years from a fractured kneecap which had not united ; that in the summer of 1900 he and the defendant came north, visiting Seattle, Portland and Astoria; that while in Astoria Lane claimed to have stepped or fallen through a hole in the street, fracturing his kneecap, and subsequently, in February, 1902, under the name of John L. Bock, sued-the city to recover damages therefor. The defendant was a witness for Lane in such action, and testified- on the trial thereof that his name was George R. Rogers, and that the true name of the plaintiff was John L. Bock; that on the 21st of August, 1900, while he and the plaintiff and one Charles Smith were walking along
It follows that the judgment must be affirmed, and it is so ordered. . Affirmed.
Rehearing
Decided 30 January» 1906.
ON Rehearing.
delivered the opinion.
The objections to the admission of the testimony of Harmon and Hockey were argued and considered together, and as a consequence we naturally assumed that the testimony was substantially the same. It seems, however, that we were in error in stating that Harmon testified that while in Seattle Lane claimed to have received an injury to his “knee through a defect in the street.” Harmon’s testimony was that in 1900, he had a desk in the office of John B. Hart, a lawyer in Seattle, and-sometimes made collections and served papers for Hart; that in July or August of that year the defendant and Lane, who then assumed the name of Meyers, came into Hart’s office with one Hughes, who was picking up damage cases, and bringing them to Hart to try; that Hughes said to Hart, “Here is the man Meyers I was speaking to you about, who was hurt, and here is the witness Smith”; that Hart said “All right, boys, come in,” and they stepped inside and stood there talking; that Lane and the defendant came into Hart’s office later, and the witness believed they made a contract or drew up some kind of an agreement, and a claim or complaint was prepared and the witness heard.
The record in relation to the identification of the letter taken by the sheriff from the defendant while in jail is •somewhat confusing, but a reexamination confirms us in -the conclusion stated in the former opinion.
Affirmed: Rehearing Denied.