Injuring telegraph pole or wire. person whose name he assumed, and of the faith of such representation obtained the money or property alleged to be stolen. Ibid. SEC. 22. INJURING TELEGRAPH POLE OR WIRE. SEC. 48. Any person who shall willfully or maliciously injure any telegraph pole, or wire thereof, upon conviction, shall' be imprisoned in the state's prison not more than two years, or fined not exceeding five hundred dollars, and imprisoned in the county jail not less than three nor more than six months. 2 R. S. 447. CHARGE. day of in the year That A. B., on the at said county, did willfully, maliciously, and feloniously injure a certain telegraph pole, there standing, the property of, by then and there willfully, maliciously, and feloniously cutting down said telegraph pole. Bicknell's Crim. Pr. 484. 1 * SECTION. Caption. CHAPTER IV. OFFENSES AGAINST SOCIETY. SECTION. 1. Perjury-Subornation of perjury. 26. Bribery. 2. Combination to commit felony. 27. Failing to return marriage certifi3. Nuisances Disorderly houses cate. Throwing dead animals in 28. Solemnization of marriage con streams. 4. Supervisor failing in duty. 5. Obstruction of highways, streams, trary to law. bridges, and obstruction of street 30. Usurpation of office. by railroad trains, etc. 6. Keeping gaming house. 31. Law of common carrriers. 7. Professional gambling-Keeping 33. Barratry. gaming apparatus-Counterfeit- 34. Cruelty to animals. ing apparatus. 35. Suffering minor to work more than ten hours per day. 8. Gaming and betting-Lotteries- 9. Desecration of the Sabbath-Pro- 37. Riot-Rout-Affray. fanity. 10. Selling unwholesome provisions. 11. Public indecency. 38. Disturbing lawful assembly-Camp meetings-Fairs. 39. Carrying weapons unlawfully. 12. Open and notorious adultery and 40. Rescue-Obstructing legal process 20. Allowing Canada thistle to grow- 47. Election laws-Illegal voting, etc. Selling Canada thistle seed in 48. Horse racing. 23. Failing to bury or burn hogs, 52. Doors of public buildings-How to open. 24. Allowing diseased sheep to run at 53. Locking passengers in railroad etc., dying of cholera, etc. large, or selling the same. 25. Official misconduct and neglect. cars. Perjury-Subornation of perjury. SEC. 1. PERJURY-SUBORNATION OF PERJURY. SEC. 40. Any person who, having taken a lawful oath or affirmation in any matter in which, by law, an oath or affirmation may be required, shall, upon such oath or affirmation, swear or affirm, willfully, corruptly, and falsely, touching a matter material to the point in question, shall be deemed guilty of perjury. 2 R. S. 443. SEC. 41. Every person who shall, willfully, corruptly, and falsely, before any officer authorized to administer oaths, under oath or affirmation, voluntarily make any false certificate, affidavit, or statement, of any nature, for any purpose, shall be deemed guilty of perjury. Id. 444. SEC. 42. If any person shall suborn, or procure any person to commit perjury, he shall be deemed guilty of subornation of perjury. Id. 445. SEC. 43. Every person duly convicted of perjury, or of subornation of perjury, shall be imprisoned in the state's prison not less than two, nor more than twenty-one years, and be fined not exceeding one thousand dollars, or may be imprisoned in the county jail for any determinate period, not less than one month. Ibid. CHARGES. 1. Perjury in a material matter. That, heretofore, to-wit, at the October term of the Floyd Circuit Court, in the year 1864, on the twenty-eighth day of October, A. D. 1864, at the said county of Floyd, before the Hon. judge of the second judicial circuit of the State of Indiana, and ex-officio judge of said Floyd Circuit Court, a certain issue between one A. B. and one C. D., in a certain suit for an assault and battery, wherein the said A. B. was plaintiff, and the said C. D. was defendant, came on to be tried in due form of law, the said court then and there having competent authority in that behalf; and the said issue was then and there tried by a jury of the country, in that behalf duly sworn and taken between the parties aforesaid; upon which said trial one E. F., then and there appeared as a witness for and on behalf of the said C. D., the defendant in the suit Perjury-Subornation of perjury. aforesaid, and was then and there duly sworn and took his corporal oath before the said court; which said oath was then and there administered to the said E. F., by one G. H., who was then and there the clerk of the said court, the said court and the said G. H. then and there having competent authority in that behalf; that the evidence which he, the said E. F., should give to the court there, and to the jury so sworn as aforesaid, touching the matter then in question between the said parties, should be the truth, the whole truth, and nothing but the truth. And, at and upon the trial of the said issue so joined between said parties as aforesaid, it then and there became and was a material question whether the said C. D. had assaulted and beat the said A. B.; and the said E. F. then and there, on the trial of the said issue, upon his oath aforesaid, feloniously, willfully, corruptly, and falsely, before the court and jury aforesaid, did depose and swear in substance and to the effect following, that is to say that before the said C. D. struck the said A. B., he, the said A. B., made an unprovoked attack upon the said C. D., and struck him with a club, and that said C. D. struck no blow at the said A. B., except in self-defense against said unprovoked attack. Whereas, in truth and in fact, the said A. B. did not make an unprovoked attack upon the said C. D., nor any attack whatever, and did not strike said C. D., either before or after said C. D. struck him; and, whereas, in truth and in fact, said C. D. did not strike said A. B. in self-defense, but, on the contrary thereof, the said C. D. came behind the said A. B., and struck him with a club, without any provocation whatever. And so the jurors aforesaid, upon their oath aforesaid, say, that the said E. F., on the said twenty-eighth day of October, in the year 1864, at the county aforesaid, before the Floyd Circuit Court aforesaid, upon the trial aforesaid, did, in manner and form aforesaid, feloniously, willfully, corruptly, and falsely commit willful and corrupt perjury. Bicknell's Crim. Pr. 387. 2. Perjury in testifying before the board of commissioners. That, at the regular March term, 1876, of the board of commissioners of said county, to wit, on the 8th day of March, in the year 1876, at said county, before John Erwin, Andrew J. Taylor, and John Trisler, commissioners as aforesaid, a certain petition was filed (said board of commissioners being then and there in session as aforesaid), to establish a certain highway of twenty years standing, which said petition is in the words and figures following, to wit: Perjury-Subornation of perjury. "To the Honorable, the Board of Commissioners of Warrick county, Indiana, March term, A. D. 1876: "The undersigned would respectfully represent that a road, commencing at the east side of the old embankment of the Straight Line Railroad, east of and adjoining the town of Elberfield, in said county, and nearly opposite of the east end of Walnut street, in said town, and on the half-mile line dividing section 19, east and west, in the center of said section, in town 4 S., R. 9 west, and running thence due east about one and three-fourth miles, to Pigeon creek, has been in use for twenty years as a public highway, and is necessary to the convenience of the public that the same shall remain open and maintained as such highway; that said road does not exceed in width twenty-five feet; therefore they demand that said road be entered of record, and the same be declared a public highway, and as in duty bound they will ever pray. "WILLIAM SCHULZ, "FRED. KROEGER.” That afterward, to wit, on the day and year last aforesaid, and during the term aforesaid, the said board were then and there trying, and then and there did try, a certain issue, point, and question, as to whether the pretended road or highway described in the petition aforesaid, had been in use for twenty years as a public highway, and it was necessary to the convenience of the public that the same should remain open and maintained as such highway; which said proceeding by said board of commissioners was then and there in due form of law, the said board then and there having competent authority in that behalf; upon which said trial William Schulz, then and there appeared as a witness for, and on behalf of said petitioners, to wit, William Schulz, Frederick Sickman, Henry Kolle, and Frederick Kroeger, whose names. signed to said petition; and the said William Schulz was then and there duly sworn, and took his corporal oath before said board of commissioners, which said oath was then and there administered to said William Schulz, by one John Nestor, who was then and there the auditor of said county, and then and there had competent authority in that behalf, that the evidence which the said William Schulz should give to the said board of commissioners, touching the matter then in question, should be the truth, the whole truth, and nothing but the truth; and at and upon the trial of said issue, |