Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1818-12-29

was cleared TO take its sense--wlen s. 49,.
decided that Robert C. Ambris,er a ~.
in custody for similar offences with 4.
prisoner, cannot be examined as evidoaa.
before this Court.
Fort 81. MarkS, 28h Ami,
A o'clock, P. M.
The Recorder having read over y.
proceedings of the Court, with clo,as
doors, the prisoner was recalled ;n,S
court, and made the defence marked
and attached TO these proceedings. Yha
doors were then closed, and after the mos,
matured deliberation on the evidence "a
duced, the Court find the prisoner Alss
ander Arbuthnot, guilty of the first sDeei.
iication to the first charge--guilty Of tbs
second specification Of The second chars
aud guilty OF The second charge. leayiS0@s
ont the words, g acting as spy" Tbess
therefore, do, Oh the most mature reap,p'
ton, sentence the prisoner, AIexaDde,
Arbuthnoi, to be suspended by the peck
until he is dead, two thirds Of the Cons
Iconcurring.
EDMUND P. GAINES.
Major General by brevet, President .,
the Court. j. NJ. GLAssEr, Recorde.
Defiance X.
May il please this honorable Court,
The prisoner arraigned before Won !,
sensible of the indulgence granted BY tb;,
honourable court, in the examination If
the case now before them. 1t is NOT hp
wish OF the prisoner, 10 making his defence
to try the patience of the Court, by a
minute reference to the voluninous docp.
ments and papers, or to recapitulate The
whole of the testimony which has come
before the honorable Court, in the course
Of this investigation. Nor is il the inteD
ton OF the prisoner to waste the invaluable
time of this Court, by appeals to their
feelings or sympathy, though | am pei.
suaded that sympathy no where more
abounds than in a generous American
breast. My only appeal is to the sound
and impartial Judgment of this honorable
Court, the purity and uprightness Of their
hearts, that they will dispassionately and
patiently, weigh the evidence they have
before them, apply the laws, and on these,
aud these alone, pronounce their judgment.
If this honourable Court please, shall
now proceed to examine the law and ev.
dence that rs relied Ell, by this honoarable
Court, in support of the first charge and
specification.
Wiusett, witness on the part Of The
prosecution, says the Little Prince sheW
him a letter written in June last, signed
A. Arbuthnot. requesting his Friendship
with the lower nation of Indians. The
same witness stated that he believed the
letter to be now in the possession Of The
Little Prince. Here, may it please this
honourable court, would call their atteu.
ton to the law, relating to evidence First
presuming hat the rules of evidence are
the same, whether in civil or military tri
bunals, McComb, 96--this point being
conceded, the next enquiry is, what are
the rules Of evidence with respect to The
admission of letters or papers, Of private
correspondence, in court OF criminal
jurisdiction ? May it please this honours
BILE court, must you not produce the orr
ginal letters and papers if they are not lost
or mislaid SO that they cannot be obtained,
and in case they are lost, proof must be
made Of the hand writing being the same
of that of the original, before they can be
received as evidence I? McComb on courts
martial; Peake's evidence; Gilbert's law
of evidence. No Instance can be cited
where the copy Of letter was read as
evidence, when the original could be OBJ
tanned, much less the giving in evidence
the contents of such letter from bare reeol'
lection. The only proof that this honour
able court has of the existence OF such
letter being in the hands OF any person. or
its contents being known, is the vagranI
memory of vagrant Individual. Make
this rule of evidence; and, ask you,
when would implication, construction AND
invention stop? Whose property, whose
reputation, and whose life would be sale
Here | would beg leave to mention re-
mark made by the President Of this CONF
in the course of this investigation, WHICH
was, that, notwithstanding the letter was
proved by the witness to be in the possess
ion OF the Little Prince, that, this court
could not notice that circumstance, DE-
cause there was no means by when 1t
could be obtained. would ask the hOu'
durable court, what means they nave
or what exertions have iney
made 10 procure this letter? II the nOF
durable court please | shall here c'ose
the defence Of the first charge and speelh-
cation, believing that they are neitnef
by law or evidence.
May it please the honourable court
will now come to the second charge anu
first specification of that charge. 10 sup
port Of this charge and specification 'ne