Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-11-17

been given in evidsnee by Thomas Hare,
(now dece,sed) at the last trial.
DIR. Philips. for the prisoner, opposed
il as a novel attempt. That this was not
the same cause !; although it is cause be.
tween the u. States and William Wood,
vet the indictments vary. He also objec-
ted, as Il would be most dangerous pre-
cedent, TO admit the evidence OF an Attor-
ney of one OF the parties.
The Court said, there was no Doubt that
this was cause between the same parties,
and tina: Wood had an opportunity Of cross
examining the witness, which makes the
rule GOOD. That ifthe case was reversed,
and Thomas Hare had been Woods wit
ness. on whom he had relied to exculpate
him, would il not be monstrous to say, that
the act of God was to deprive Wood OF the
benefit of such testimony. The rule APP
plies 10 criminal as well as eiva cases, but
The words must be such as the witness re-
collects them given by the deceased wit
ness, and he must not swear TO them be-
cause they are on his notes.
Mr.. IngcrsoH then stated that he had no
recollection of them, but that which his
notes furnished him, and not coming within
the rule laid down by the Court, he was not
sworn.
r. Bache was then offered to give test.
mony on the same subject. He stated that
he had taken notes of the evidence Of Tho.
mas Hare, on the former trial, and in re-
porting that trial in the Franklin Gazette,
he had sent those notes, without alteration,
into his printing Office; from which the tes-
timony of Thomas Hare was printed.
The Court at first refused. TO hear MIR.
Bache's testimony but at the meeting OF
the Court in the afternoon, they reconsi.
dered their decision, and allowed the wit
ness to refer to bis paper under the same
rule they had previously laid down.
K. Bcche tben stated, that he had taken
the testimony Of T. Hare as he gave it on
the former trial, and had sent his notes into
his Office, without alteration, from which
the report ofthe case was printed; that al
though he had every reason to believe the
copy was correct in substance, yet he would
not swear to'its containing the precise Uords
that fell from the witness, as he did moi
compare the proof with the copy, but
merely corrected the Typographical errors
and that he had not such recollection Of
T. Hare's testimony, as to enable himself
to give evidence Gift, according to the de-
cision of the court, He was therefore moi
examined as to that point.
Independent of r. Hare's testimony, the
evidence was similar TO that given on the
former trial.
The District attorney took The same
ground as before, as to the meaning OF those
words IN the act OF Congress, which formed
part OF the charges in the indictment against
the prisoner, viz: " Putting the life of the
mail carrier in jeopardy by The use Of dan
gerors soeapon,."
Mr.. Phillips made very ingenious de-
fence for the prisoner.
The Court delivered a similar charge as
to the law, to that which they gave at the
former trial, and entered fully into an eS-
plaDation Of the word Jeopardy" which
they said meant the same as " danger"
they said it became their duty so to do, in
orIer that persons, who in future might con-
ceive the idea OF robbing the mail, might
net be misled as to the punishment. That
if sword was used, although net drawn,
if pistol was used, although not fred, the
life. under the terms of the law, must b.
considered as in jeopardy and that it was
not incumbent on the U. States TO prove
that the pistols, IL used, were loaded, bu,
that il was incumbent on the prisoner to
prove, that if used, they seere not loaded.
The Jury then retired for an hour, and
returned with their verdict Not Gu,lty on
the first and second counts of the indict-
ments.-Guihy on the third count.
The punishment would have been death
if the prisoner had been convicted on the
irst or second count-The conviction on
the third count subjects him TO tmpr''on-
ment not exceeding ten gears.
The conviction of Wood is the termina.
| ton Of the fate of those persons who euga.
ged in the daring project OF robbing the
mail. OF the FIVE persons concerned, two
have been executed, one died in prison