The Litchfield County post., 1828-08-28
ICoMMUNICArED.1
ATWOOD rs. WELTON.


[COMMUNICArED.
ATWOOD as. WELTON.
This was an action upon the Statute of Csury. Ii
will be recoected that the to tria last term
of the Superior Court in this County, Peters J. press
ding. TIE plaintiff upon that occasion offered Hezekl
ah Scott witness to prove his declaration; to
whom the defendant objected, upon the ground that
his religious sentiments were such as to render him
incompetent. With view to ascertain the fact,
inquiry instituted and Judge Peters found upon
investigation that Mr.. Scott believed that all men
would be made happy Immediately after death. He
then decided that Scott was Notwithstanding compe-
tent witness. The having been taken TO he
Court of Errors, upon motion for new trial. fled
by the defendant that Court decided, that to render
witness com etenl he believe in the existence OF
God, the religious obligation of an OATH and tu-
ture state Of rewards and punishmens THUS re-as-
sorting the rule long ago established in the case Of
Curtis Strong, A Day Sly and therefore granted
new trial, as Mr.. Scott according to the finding o!
Judge Peters, did not possess the latter qualifications
The again came on for trial at the present term
of the Superior Court Daggeu J. presiding, whenthe
plaintiff offered Mr.. Scott again witness, and the
and evidence offered both for and against the wit
ness, and his religious sentiments thoroughly
scrutlnized. Judge Daggett, upon fall enquiry and
careful consideration, to the result that Mr. S.
did believe in future Of rewards and punish
ments, & therefore held him ompeent, g. he was &C
cord,ngy iestfedin the Injustice to the
witness ought to be stated, that while he admits that
ne believes in the final salvation of all men, he in he
most pointed terms dsclaims entertaining the SENT
ments attributed 10 him by Judge Peters.) In COM
menting upon the testimony, Judge Daggett acknowi
ed sed the decacy Of the investigations and admitted
the right of the witness and of every other individual
in this land of religious freedom to entertain such SEN
timents upon the subject ofreligon as he pleased re-
sponsible alone to his God; but remarked that the
law imposed upon courts otustce the unpleasant task
OF going into the inquiry, when the rights of others
are concerned, with view to ascertain whether
there exists such cite upon the conscience of the
witness to make it safe to administer an OATH
Judge Daggeu adverted in strong & emphatic IAN
guage to the decision of the Court OF Errors, and ex
pressed his entire concurrence in the result which
that Court came upon the facts reported by Judge
Peters, and declared that he admitted Mr. S. upon
the principles recognised by the Court In the course
81 ,s observa ions Judge Daggett also remarked thai
the presumption in favor of the witness, and thai
he should admit him matter of course, unless the
party Directing could make out his ncompeency by
satisfactory evidence. 1t will thus be seen that the
majority of the Court, (whe they feel every DISPOSE
ton to treat with liberalty the religious opinions of
others) cannot entertain land we trust they never
willy those lattudinaran sentiments which would en-
tirey destroy the only security propery;character,
liberty, and life, AN EFFECTIVE OATH IN CoURr OF
JUSTICE. X.
The following is not the testimony of an
enemy without the walls ofthe mystic cty;'
--the writer is not only {" A Mason," but one
who has passed through all the degrees of the
brotherhood from ''entered apprentice to
"knight templar," and for aught we know to
"knight of the red cross" and of the order of
Salamancha.' If we were not well assured
of this fact, an article of this kind ouId not
have been admitted into our columns. We.
who are without the 'gates Ofthe city, = and
have never read Morgan's book, or the Anti-
Masonic Amanac,-although Kept for sale in
the store below us,--do not pretend to vouch
. for the accuracy Of the sentiments advanced
in the article; but the writer knows, and
knowing, ought to testify truly in the case.
Watcher he does thus or not, some can Judge
better, and Others as well, as oursef.
Mr.. Smith -
have for very considerable length
of time past read with interest some numbers
that have appeared in the Western papers on
the subject of Free-.nasonry and although
I deprecate the spirit of prescription which
seems 10 actuate those VINO claim to be en-
quiEers afteg truth, an wiling 70 concede
the fact that freemasonry IS an institution
whose principles demand strIc. scrutiny -
that the principles Of the oroer are, when put
in full operation, obnoxious to the spirit of a
free government cannot deny THAT many