Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1827-08-08

MRs. WHIrPLE's TRIAL. We brought
the trial of this unfortunate woman, in our last
up TO Tuesday evening On Wednesday, the
examination of Witnesses was continued. "One
of them (John o.. Cole) the counsel for the
prosecution proved an examlna ion Of the pris-
oner, taken before HIM a. police magistrate,
on the 22d Of May last as witness on the
charge against Strang for the murder of Whip
Pile. This examination or deposition was now
offered in evidence. This was objected to by
the counsel for the prisoner, as containing
declarations made by tho prisoner, without
being aware OF the effect of what she might
say as il respected herself; that no declara-
tions or statements made by a party, unless
the same were made undcrsandngly, could be
given in evidence against that party; and that
besides, here was an attempt TO give an exam
ina,ion OF. prisoner, under oath evidence
against such prisoner. The counsel for the
prosecution insisted on the legality Of the eyi-
dence, and read several cases showing that
examinations, taken under similar circum-
stances, had been received in evidence on tr-
ais Of criminal cases. The counsel for the
prisoner replied. The court assigned the most
satisfactory reasons for their opinion, decided
that the examination was inadmisslble, and ex-
cluded it accordingly. The court then had a
recess for one hour.
In the afternoon, on the opening off he court
dye Duer SAID, that in violation of the order
of this court, that no part of the testimony
given in The trial Of Jesse S,rang should be
published until the Fri Il of Else ID. Whppe
should have been comple' ed, the court had
been apprised that Edward V. Sparhawk and
VIM. l.. Stone, who had been, Oh application,
admitted TO seats within the bar, for the pura
pose of taking notes on the al, had, in con-
tom oc hor ,,i,l 1p,tn tn,ne &C
the testimony in the Me- York American, and
New York Commercial Advertiser, which pa
pcrs had been received and were now circu-
latng in this City. The court thcreupon di-
recfed that Edward V. Sparhawk, and WIN.
l.. Stone-show cause why an alta cbment should
not issue against them for this contempt, and
that in the mean time they be prohibited from
taking notes of the present trial.
Mr.. Sparhawk stated that the reports were
published without his knowledge; that as the
reporter for the American. he had transmitted
his rcpor. to the proprietor of that paper, with
a statement of the order of the court, which
order had been published in the American % nd
that he had ntimated the consequence that
might cause to himself from such publication
Mr.. S. deemed it proper, however, to add, that
he presumed, from a notice which appeared in
the American on the Both ult that Mr.. King
that the trial of Mrs. Wbippe would have
been completed before such publication could
reach that city, and that it was not his inten-
ton to violate any order of this court.
The court then directed that Mr. King be
included in the notice TO show cause. adding
that he must answer for himself for any mis-
apprehension or Infringement Of the order OF
| the court.
The parties were ordered to appear on
Thursday morning, 10 show cause why an at
tachment should not be issued aga inst them, for
contempt of court.
On Thursday morning, Mr. Stone appeared
before the court, pursuant to an order served
on him the day previous He disputed the
constitutional right of the Court to impose an
order prohibiting the publication of the trial,
( but at the same time stated that it was not his
intention TO have violated the order, or to have
committed contempt Of Court After max
ing affidavit TO certain cts connected with
the publication Of the trial of Strang, the cour.
discharged the order and admitted him to his
seat as reporter.