SUPREME COURT OF THE CANAL ZONE.

CANAL ZONE versus KERR.
No. 123. Argued October 20, 1913. Decided November 18, 1913.
NEW TRIAL. NEWLY DISCOVERED EVIDENCE. A motion for a new trial on the ground of newly discovered evidence will not be granted unless the affidavit in support of said motion clearly states facts showing that the moving party could not have procured the testimony desired to be introduced by the exercise of reasonable diligence. PERJURY. CORPUS DELICTI.
Unless the evidence, in a criminal action for perjury, discloses the testimony of onc witness directly to the corpus delicti, together with sufficient corroborating evidence, a conviction should not be had.
Appeal from the Circuit Court of the Second Judicial Circuit; Hon. H. A. Gudger, Judge.
The facts appear in the opinion.
Hinckley and Ganson, for appellant. Charles R. Williams, for appellee.
BROWN, J. The appellant was tried in the Second Circuit Court on the charge of perjury, was found guilty and sentenced to serve a term of one year in the penitentiary. Thereafter the appellant, defendant below, made the usual motion for a new trial on the ground that the verdict was contrary to the law and the evidence and thereafter filed his motion for a new trial on the ground of newly discovered evidence. Each of these motions for a new trial was in turn denied by the Chief Justice who had presided at the trial as Acting Circuit Judge of the Second Judicial Circuit. The defendant thereupon appealed to this court.
To discuss this case from our point of view it is necessary to state the facts in some detail.
During the year 1910,and theretofore, the defendant was doing business in Colon, Republic of Panama, and at Las Cascadas, Canal Zone, as a jeweler. On October 7, 1910, one B. J. Burgoon began an action in the Second Circuit Court against the defendant, Kerr. In his complaint the plaintiff in said action alleged that he and the defendant were copartners doing business at Colon and Las Cascadas under the firm name and style of J. L. Kerr. The complaint prayed for an accounting and the appointment of a receiver of the assets of the firm. The defend-

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