Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-06-29
LIEUTENANT KENNON's TRIAL.
ICsnfirnsll
fCom Modore Porfer exalnined.

fCommodore Porter examined.
The accused objected to this answer, AMI
his council handed in the following paper {,
the Court:
"The counsel respectfully submits TO III,
Court, that the rule laid down by the Cour
does not protect the witness from answering
this question; it does not ask him 10 say whe.
ther he is or is not the author, but merely q
eoofirm or repeI an inference from other an
swers.
"The rule alluded to, protects wi,nes.
only rom answering questions which impute
'crime'to him, or subject him to penalty
or to punishment, or tend to fix infamy or dis
honor on him: see Phillips COS, Mentally l74
But this rule does not protect witness, mere
~ because the answer may expose him to
some Inconvenience, or because the answer
may be unpleasant to him.
"The answer here will not convict the
witness of a crime, or subject him to punish
ment, or enforce OH him dishonor, whether he
answers negatively or afirmativeIy."
To which the Judge Advocate replied That
OF The answer to the question proposed on the
part Of the accused, subjected the witness
merely to Inconvenience, or to unpleasant feel
ings, he admitted that the rule which the
Court had adopted in his favor would not
hold ;if the answer subjected him merely 10 a
civil action, that then The rule would not apply.
(See statute Geo. s, C. 81, and Phillips ON
Evidence, vol. I, p. $685. Am. edition.
But should WITNESSES situation, like the one
present, b. compelled TO answer such dues
ton according 10 its terms, and should give
IN his answer, the name of the real author,
that person might be summoned To prove that
the witness was the publisher. If the publi--
cation were libellous, and tending TO breach
at the peace, a prosecution IS oud lie, more ps-
Pecaly in the case of an officer were the
statements thus established against him, prov
cd false and malicious, there can be- no doubt,
but that a foundation would thus be laid for
charges, and all prosecutions before military
tribunals partake Of the nature of criminal
prosecutions.
The Judge Advocate, thereupon, conceived
that the rule adopted by the court applied in
the present instance.
the rule applied to the witness in this case,
and that his answer should remain upon the
record in the terms in which il was given.
The Court was theu opened, their decision
read, and the cross-examination of Capt. POI
ter resumed.
Question by accused. Is it that publication
in the Herald, now shown you, Of the 9Th
September, (see appendix, extract marked No.
6, the one that you alluded tn in the frstI
specification of your second charge, for your
charge and specification do not specify the,
particular publication in the Herald, to which
"1 -. 0,,..ta ~.
O..S,:'' nv, " .""t s'a'eiDr".
l. ,,st.res,.o - ou 1880, Muo", your o"n
,nll,shtsa ,i'at .,st., p,'''' =. ea.'' ~ oe
Answer. lido not, sir.
rod ~ hsar of ,h., ,,,h,;..,;a S,u you "'ss
r"o" " 'ne o'n "
Answer II was HANDED
ST. Mary,s some tins ,,rsv;ons ~ ~ o.',,':
cation IN The (;.org;an - '"e Puo'-
Ou.stion. After seeing ,h.t ,,h,;..,;. :.
the Herald. and before the anonvr,"na' ,,h,;
cation in the Georgian. did Won make snv an
plcation to me. or make .nv ;nn,,;,,, ~ ~
Their the passages in 4. : 6;ch vo,, Js :,,sd rc
frnsive. had been a,,rhor;1sd = ~ W.. W.,
green ,hem tho sa,,.,;,,,, - :, - =, "'u
Answsr No. ,hs sr,;c,s ~ . "au,e
forma,;on des;r..d on fh;s s,'h;'., q" '"e I'D
Oups,ion win Won he ,,Ia.s.,' az Int.
paricuIar nassages If ,bs, ,,hi;..,;, W. :, nv
Herald. WHICH Won cnncs;ys ra,.',,., ~ '1 We
iniure your character as an oH;aa.
man?
Answer The article poes an "a .h. 81.
this vessel Seeunda GaIJ;soo u.s .,,t;~
more than a n,rate 4. ali ,h.. c;sn''. ".D"s
stated. are SUFFICE Mt to ;mnrsss ,,non ,ha .;"a
of any man. thar she must bays hss, va ""I
of piratjcal character. and 40 euch !. 90.
nv duty 10 hold ON to her mill T ro,,Id 20
cei,e every proof that sbe w.s not vasua, ee
tina, description. After going Tina far liz
narrative stops short. and The Subject IA cor
tipued thus :" In addition tn the .hovo 90.
learn, &c. &c. thus putting the vessel en,;rs.
Iv out of INV hands. into the b,,ds ~ ,un,,,,,.
power, which was not the fact Again ,hnsa
lines commencing with the words. 8. with a
friendly communication" and ending with the