The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1823-01-01

which, n charged on him.
Mff topef, on the pat of the defendant,
s,stcs ~ he had taken every means In HI,
pox~f % uoiAin evidence--,bet the fscts si.
ledsea fos place u Ptosidsnce, out CT the
iasis. an oil The Court, and that he had no
nsasrs cos"peiiine The auendSnce Of wines.
sss. tr fsd agreed with the Counsel ior the
tcD DnolueaiIh, Gu a comuissiUn Ior taking
deposisitas TO bs srged in tho Case The
personsj appointed ca the commission, had
iecilneJ acting, and the defendant had p,o.
ceeoed r. ,skc dispositions before . magis-
t,sie Ia 'ros,dence, alter eiyi0g notice TO tho
prosecutor ,hul he might sppp,n, sny one 20
attend d HE behalf. He therefore moved
,ha, ,hrlc dispositions might &c received, 10
be SIS Ms deiepce,
It4c<vt, ssLl afaed s.,ss there wxs eG sr..
tecsJeot lues,ion. The counsel for The gov.
eTnpen, contends tha, by law The defendant
has not q. tight 10 give the truth in evidence.
II ,his was correct could the court permit The
evidence iObe gone into ? ,He ,hoash, not,
and that ,hs evidence could not be ,shMi,ed
by consent, unless The party had by law a
iighi to giye IL. IL was therefore Necessary
Tor the court 10 decide, whether under the
constitution Of This Commonwealth in . csse
Alike the present, whcre the person ahedgsd
10 be dctsoed, is not public cfhce', or u
candidate Tor sn elective U!lice, bni stands in
the same relation with any other Individual,
the defendant has not the right ci giving the
truth in evidences. Hon. Judge proceed
.d 20 e&smne The question at length, a0d TO
give hts reasons in support OF ,he opinion
which he pronounced, that under our eonsii'
tutio0, The mtent and molive OF the puslics
tion Is as nnch q matter Of ineuiry, 10 case
OF libel ss ia sny cihet, and the teiore that the
tUh Of the silsg stions may be ptoved TO show
tina, The inlcnt wss not malicious, but that The
pebiicntion was Hsde from good motives, aud
for jos,iGable cnas.
M. Hooper repeated his motion FOR The
edmission Of the deposi,ions.
Tns Coart asked the Attorney for the
Comoi onwen!lh if he conserted.
MIR. Austin said the, il he should consent,
according 10 the doctrine just s,s,ed by the
court, il could have no etfec, bu, he should
no, corson,.--The deposi,ions had not been
pot on fiIc, aud he had had no opportunity TO
exsmine them.
could !. IA a,EsS, E0s s4s'snS as te esy
or the direction oilhe court under
,hc particular circumstances OF the case lie
thereto C moved that the case might he con.
tipued unit that consent should be given, or
until the attendance Ut the wRresses should
be Obtained.
Mr. Austin suggested that the motion for
con,inuanee should have been made before
the ;ury wos impaneiied. lie objected either
to a continuance OF the cause or 10 the adnis-
sisn Of the testimony. The deienduol had
had tho same advantage with the government
in ob,uioiog Witnesses. Some ci the sum.
u.onsss sent to- Providence had been obeysd
end o. he,s had beep di,obeyed.
MIR. Hooper iced the sffdayit OF the defen.
dau,, stating more particularly the iac's men
TONED by Mr.. Hooper, and tba, the deposi.
zion. contained evidence material 10 his dc.
icDce.
The Court decided ,hs, the deposi,ions
could not he sdmi,ted, anc that 10 the present
stage Of the Cause IL could no, DO cgntinued.
MIR. Hooper asked Tor shou delay sufIi.
Glen, for nouce 10 60 10 Providence to obtsio
Mr.. Abs,in said that the consequence Of
such . delay would be that the witnesses Tor
the ~ ose cu,ion who arc here would be 0big-
ed TO 20 home, and the Witnesses tor the de- !
fcndsnt would have en- opportunity come.
The Coun said that il there wore any ev'.
tepce Of "a surprise on Tho party, II nigh,
think differently bot every facility had been
given TO the drlendsnty the time had been
iNed BY a mutual arrangement. He refused |
Ihe molion for postpone ment. Alter further 4
atiemp, 10 obtain delay uulil the afternoon,
Which wss nor granted,
Mr.. Buekinghan, the defendant, opened his
ieence in an address to the jury, sict which
sif. Hooper called she Rev Mr.. Jones.
Iierauder Jones, Jr. Swoto-He resides
10 Providence-bas been Intimately seqosini.
se with Mr.. Mali, from the time he csme to
Providence in May or June isu, and fequent.
" convsfsed with him Oh bis nlso0er oi
,reschug--he went with Mr.. Maffi;, on an
,ccs.ioo when he went TO North Providence
o preach. lie showed him The skeleton ole
'stmon which he was TO preach there
Heard the sermon, and 10 sb,u, six weeks Of.
efwsrds examined printed sermon Of Rob.
ut Wslksr's-he thought ths, Msfit had We.
ID tha, sermon verbsiim--he fecoiieeted the !