William R. Day

“ The subsequent prosecution of Cameron for perjury in the two bankruptcy proceedings was a criminal proceeding in a court of the United States, and the testimony given in the one bankruptcy proceeding, not tending to establish perjury in that proceeding, should not have been received to establish the crime charged in the other proceeding. ”

“ We are of opinion that the estate was in process of administration at the time when the examination before the commissioner was ordered, and the testimony of Cameron given. This court has decided that the filing of the petition in bankruptcy operates to place the property of the alleged bankrupt in custodia legis, and prevents any creditor from attaching it ”

“ Rep. 321, it was held that full effect could be given to the immunity provision by confining it to the testimony given under subdivision 9, to which it was immediately subjoined. As the present prosecutions was based upon alleged false swearing in the course of the bankruptcy proceedings, § 7 of the bankruptcy act can have no application. ”

“ There is no allegation in the indictment, or the assignment of perjury, as to the alleged address of William C. Smith, and in the proceedings before the commissioner--
Mr. Smith: I am reading so the jury will get some sort of a comprehensive idea as to what the man testified to. This is the beginning of this alleged transaction with William C. Smith.
The Court: Cut it down closer.
Mr. Smith: I have cut it down to about two pages.
Objection overruled. Exception by defendant.
'Q. How long have you known him?
'A. Oh, three or four years.
'Q. Do you know whether he is employed by anybody? ”