Decided upon the authority of Maryland v. Soper (No. 2),
p. 270 U. S. 36
Page 270 U. S. 45
MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.
This case is quite like that in No. 24, Original, just decided.
It differs in that here the indictment which was removed from the
Circuit Court of Harford County, Maryland, to the District Court of
the United States for Maryland, was an indictment against E.
Franklin Ely for perjury, in the inquiry made by the coroner into
the circumstances of the death of Wenger, it being charged that
when it was material whether he had seen Lawrence Wenger at the
time he (Ely), as a government officer, lay concealed and hidden
and watched the bringing of the still, he falsely stated he had not
seen Wenger. In all other respects, the proceedings were quite like
those in the case just decided, and, on the principles laid down in
that case, we must hold that there was no ground for removing the
prosecution of Ely for perjury, and that the mandamus to require
the remanding of the removal should be made absolute.