People v. Brilliant

McKinstry, J.: The information is as follows: “Marks Brilliant is accused bjr the District-Attorney of Sierra County, State of California, by this information of the crime of perjury, committed as follows:

“ 1. On the 20th day of November, A.D. 1880, at the Justice’s office in the town of Downieville, Sierra County, State of California, in the Justice’s Court of Butte Township, County and State aforesaid, before W. B. Kimball, Esq., Justice of the Peace for said township, the case of The People of the State of California v. Algie Romargi, being pending, was duly called for hearing, said Algie Bomargi, the defendant in said case, had been duly charged with having robbed Marks Brilliant in Sierra County, on or about October 1st, 1880, of eighteen dollars current coin of the United States. A warrant had been duly issued, and said Bomargi arrested and brought before the said Justice of the Peace sitting as a magistrate upon the charge aforesaid, and said Justice of the Peace proceeded to examine witnesses and to take testimony in said case at the time and the place aforesaid.

“ 2. At the time and the place aforesaid, in the Court aforesaid, and in the said case of The People of the State of California v. Algie Romargi, said Marks Brilliant, defendant in this case, was duly sworn as a witness by W. B. Kimball, Justice of the Peace as aforesaid. That said W. B. Kimball, Justice of the Peace, as aforesaid, had at said time full power and authority to administer oaths, and at the time and place aforesaid duly administered an oath to said Marks Brilliant, and that under said oath to said Marks Brilliant said Marks Brilliant solemnly declared that he would tell the truth, the whole truth, and nothing but the truth, in the said case of The People of the State of California v. Algie Romargi.

“ 3. That said Marks Brilliant at the time and place aforesaid, and under the aforesaid oath, proceeded to give testimony as a witness in the said case of The People of the State of California v. Algie Romargi, and among other things, did unlawfully, falsely, knowingly, willfully, wickedly, corruptly, maliciously, and contrary to the aforesaid oabh, state as true that he, Marks Brilliant, had never told any person that he (Bril[216]liant) knew who had robbed him (Brilliant), and that he (Brilliant) had never told any person that the young man at the ‘ Nigger Tent’ (meaning Algie Romargi) had robbed him (Brilliant), and that he (Brilliant) had never told any person that the boy at the ‘ Nigger Tent ’ (meaning Algie Romargi) had robbed him (Brilliant). Whereas in truth and in fact said Marks Brilliant had told W. A. Green, before the aforesaid time of giving testimony, that the young man at the ‘ Nigger Tent ’ (meaning Algie Romargi) had robbed him (Brilliant), that he (Brilliant) saw him at the time of the robbery before he put his mask on and knew him, and whereas in truth and in fact said Marks Brilliant had told Frank Wehe, Charles Meany, W. Miles, A. L. Moore, and divers others at different times prior to the aforesaid date of giving testimony that he, Marks Brilliant, knew who had robbed him, and.that it was the boy at the ‘ Nigger Tent’ (meaning Algie Romargi).