PERIWINKLE. A small gastropod mol lusk of the genus littorina, characterized by the shell being top-shaped, solid. the columella thick ened. the lip of the aperture not toothed. and the round aperture closed by a horny opercu 1 . The animal has long tentacles, with an eve at the base of each tentacle. Periwinkles either lay eggs or are ovoviviparous. They abound in Nast numbers on the reeky shores of the North Atlantic between tide-marks, and espe cially near low-water mark. They feed on .sea Our two native ,peeies a re biltorina radig„ rather elongated with a high spire, and Litterina palliota, which has a low spire, with the body-whirl rather swollen. The latter varies greatly in color from pure olive green to yellow or even bright red, with revolving black lines, the colors more or less simulating that of the sea weeds among which it lives.
A much larger species, and now more abun dant on the coast north of New York than any other, is Littorina littorea, which in 1857 was introduced from Europe into Nova Scotia and now abounds in vast numbers all along the coast. It lives neurer low tide than the native species, and frequents exposed rocks not covered by sea weed,. It is a much larger and heavier shell than the others, and varies much in the height of the spire. Bumpus has shown that since its intro duction into America, where it has been subjected to a new environment, this shell differs from those of England in being more elongated, lighter in weight, more bulky, while the color-markings are less pronounced. It also appears that there are already many local races on the New Eng land coast. These mollusks are able to live for days and even weeks out of the sea, in one case four months. The power of resisting dryness seems to he still greater with tropical species. In Jamaica Littorina murieata lives among grass and herbage at the top of low cliffs. At Panama three large species were found on trees at and above high-water mark. The eggs of those Lit torime which are not ovoviviparous are deposited on seaweeds, rocks, etc.. enveloped in a glairy mass just firm enough to retain its shape.
The name 'periwinkle' is given popularly to al most any small spiral shell, especially along the slimes of the Great Lakes to the turret-shaped pulmonates of the genus Melania. In the short ened form 'winkle' it is applied by the oystermen in the neighborhood of New York to the conchs (Fu which feed upon the oyster beds, PERJURY (Lat. perjurium, false oath, from verjurns. one who swears falsely. from perjurore, to swear falsely, from per, through jnrarc, to swear. from jus, right, law). Tin' crime of know
ingly and willfully giving false testimony, which is material to the questions in issue hi a judicial proceeding. The offense is committed whether the testimony is given under an oath or affirma provided either is administered by a com petent authority. If a witness makes a mis statement through inadvertence or mistake he is not guilty of the crime. If he recklessly and knowingly makes a statement as to the truth or falsity of which he has no knowledge. it has been held to constitute perjury. A witness may he convicted of perjury under such circumstances even though the facts he testifies to subsequently prove to be true. It is not essential to constitute the offense that the testimony be believed, or that it cause a perversion of justice in the cause in which it is given. Where a witness honestly states his opinion as to a fact, if it is not correct, he is not liable; but if the fact is material to the issue, and he makes a willfully false state ment as to it, he is guilty of perjury.
In most jurisdictions a voluntary oath, taken outside a judicial proceeding, cannot be made the basis of a charge of perjury, as the law does not punish criminally prevarication in private matters. An exception to this exists under the laws of the United States. See OATH.
At the early common law the testimony of two witnesses was necessary to convict a witness of perjury. However, to-day in most jurisdic tions the testimony of one witness and proof of corroborating circumstances is sufficient, if credi ble.
Perjury has always been severely punished, as it tends to the perversion and obstruction of justice. In ancient times in England the penalty wits death; subsequently banishment or cutting out the tongue; after the Norman era, forfeiture of goods and imprisonment; and at present in England and the United States it is punished by fine or imprisonment, or both. In a few States a person so convicted is thereafter incompetent to give testimony in judicial proceedings.
Subornation of perjury consists in inciting or procuring another to commit perjury. The wit ness must have actually committed perjury in order to render the person who incited him to do so guilty of the crime. An attorney calling a witness who he believes will not tell the truth does not thereby become liable if the witness does in filet commit perjury, if he did not ac tually connive at it, or solicit him to do so. Subornation of perjury is usually punished with as much severity as perjury itself. See OATH; WITNESS. Consult the authorities referred to under CRIMINAL LAW and EVIDENCE.