Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1801-11-07

VA then taken upon the quenicn fer, or
not. which was carried in the negative.
Friday. ball was introduced by Mr..
Potter. 20 sxsss8 the power Of taking Depo-
6tions, which was read.
Mr.. p. M. Mumford faid that he Mould
oppose tho bill as psefen,ed by the Gentle
mao. he believed the law, in that r,ipett.
a. Il now Rood, was full as extenGve as the
purpofes Of juitice required. and Mould tic
bill propoied be adopted, he believed IL
would lead to an eodlcis iourec Of litigation
and fraud. 1t was his opinion that the prac.
tice OF taking dcroitons ought to be afittly
guarded, a. he believed atIifins inaaversnce
In this particular, would open door TO per-
vcriion and injuaice. The too general al
lowance of depohtons might fupercede the
right to require the Pcrionsl ATTENDANCE of
wirneGes.
Mr.. Potter wiihed he would point out
bis particular objections. l, Is lfaid MIR. P.)
very expcnlve 10 carry witnaG.s co court.
SupPoie. tor inftance, iaid he. a doeior OF
this town ihouid move over TO Newport for
the Purpoie of ioing his accounts. Would
il not be very hard upon thole who might
be fued, to be Obliged to attend court at
Newport with their witneGes upon exPence.
IL. after depoGtion has been taken tfaid
Mr.. p the parties do not agree about II.
rbe parry deiien,ing may compel the depo-
nent 70 come into Court and teitify.-lH he
advocated his bill at comfortable lengrh.)
MIR. Mamford oblerved, thar no ex-
pence which would tend to purify the me-
diun OF jaflice, ought to be regretted; that
the gentleman laa fpeakins lMr. Pottsr) had
made out long DECENTRALIZATION about the
particular objections to his bill ard that il
would be impoilible to point them all out,
without entering into difcsilion of phy fog
nomy. Every one knows, iaid he, that the
bef evidence which the nature Of cafe ad-
lnits Of. is required by the principles o! law ;
and he believed that the advantages of tef-
timony by the perfonal appearance Of thoie
who are - tcttify, over that which vas 10
be derived from depoi,ions, could not be
enforced by words. He remarked, that
when a perlon appeared in open court, un-
der the iolemni.y Of an cath, his induce
mems to fpe2k the truth were multiplied
thai his countenance, his appearance, and de-
portment were indicative Of The weight, and
veraci,y of what he iaid. He b:li,ved that
The preient ieHion, u convince every mem-
ber of the Houfe, Of the doubts and am
biguity, which uniformly attend on depcG-
tions. Different cou.trutsions, iaid ne, might
he forced upon them, ',ili opinion is beaii-
dered. MIR. M. oblerved. in the fra inRaoce,
that too general an ALLOW ance OF depofilions
nigh, fupercede the right 10 require the per-
ional attendance OF witnefles. Ii was an.
iwered that they might be fummoned even
aftcr their depoitions had been taken, pro-
vided the iuitop did not agree. is (faid Mr.
NJ the agreement Of the parties required
Then no regulation car avail becauic the
diaention Of either. would deeroy tho whole.
Aud if the agreement of the parties xvAs re-
qoired, then there would be no need Of any
regulation about it, bccaufc even without
any, fnch agreement would efablifh whatever
it might be neceflry to admit. But this,
he laid. was not the cafe. For if parti.
GUAR mode of taking depoEtions vas eAab-
liihed by law, depoG,ion taken according
to that mode, could not be controverted; ; but
would pafs TO a jury under the direction OF
the court. 1t would be LEGAL evidence, faid
he, ard could not be surnel aide.
Mr.. Green conceived thar the inRance
Of the Doctor, which Mr.. Potter mad intro
duced in fupport of his bill. might operate
fall as frongly agairit it. If, laid he. the
Doctor. according to the fuppoiition OF Mr..
Potter) who had moved at dftance from a
neighborhood in which he had formerly prac-
,iced. fhould be under a neceility of flung his
accounts, would it not be grievous, and OPP
preiiive to him to be cited to attend the tax
ing multitude of depoGsions. which might
have no other Object than merely to vcx, and
Perplex him. |
Mr.. L; pitt thought the bill TOO general,
and liable ~ objections on that ground. He
moved that il be referred to committee, and
poaPoned.
Mr. N. Hazard faid, thar the tetimony
OF witnefies appearing in court. was undoobt- |
edly preferable to that teAimony which was TO
be obtained from depoGtions but that in
many cafes particularly 10 cafes Of fnall i'm