Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1828-08-02

4
ed information authorizing it from WiIliams-for
from no other source could it have been derived
/ How could he have known that Williams had e.
, yer been examined by Gen: Jackson-or if he
knew this only, what could have induced him of
| his own mere pleasure without either knowing
the fact or having any sufficient reason to presume
1t, to state even conjecture, that the CONVEX
sation occurred at Jackson's house on his being
applied to by Williams for his license. Why not
have conjectured that it took place at Nashville, or
at some Court ct the memorable Ball which
Burr attended? Such con- lectures would have been
more probably correct, because at the latter pla-
ccs, it might have been reasonably supposed that
Gen. jackson and Williams had met-And if it
be improbable that Kerr should. jim mere wanton
ness havo hazarded as conjectura only. the state
ment ascribed to hin, -how much more so il !;
that he should have made it, not as surmise of
ms own, but as derived from Williams himself II
IN TACT he had no authority for the reprcsep,top7
That he did make it in such manner as TO in.
duce that impression we have heard from un-
questionable authority; and indeed the act of his
party III circulating it as part of the testimony
of Williams, should at least satisfy themselves
that he was generally so understood. When in
addition, tits known, as we have been informed
was the case, that MIR. Kerr had seen judge Will
Hams within short time previous to the recent
OF his letter in January, it cannot we think be
doubted, that his statements-now alleged to
nave oeen his conjcctures-were made on the au-
thority OF Williams whether contained in his let
ter or not. 1t is the only presumption warranted
oy the iacts-the only enc which can be INDUCED
consistently with the character and integr /, of
MIR. Kerr and his party:
Assuming, then, as we may fairly do, that the
alleged conjecture Of Kerr was in truth the state
ment OF Williams himself, it follows as necessa-
ry consequence. that the inconsistency-the con-
tradiction between his first and subsequent re-
presentations, render both utterly unworthy Of
tconhdence VIC do not pretend to assert-no
man In ms senses ean--that the character OF any
| communication made by Gen. Jackson to Will
| ians was at all affected by the pAce Of it. Fit
was Criminal at his house on Williams ooino 70
be examined by him, it would have been equally
so, IL made at the same time, OH the road to Nash
vie or elsewhere. But considered in relation TO
the credit of the witness, we beg TO know what
faith can be reposed in his testimony. who at one
Time locates criminal charge at one place, and
theh at another,-who first details certain cir.
cumstances as attending the act, and when the
lJaSehood 1T those circumstances IS crposed beuoud
all question, substitutes others i'm their stead
The criminality of felon is in no manner depen.
dent on the precise spot on which the offence
was perpctrated. 1t can however scarcely be
questioned, that were witness for prosecution
to testify at one time to its having been commits.
ted at certain place, under certain. circum-
stances, and afterwards to say that it was commit
tea at another, and connected with different in
cidents, his testimony would and ought 10 be
wholly disregarded for this very good reason
ne must have spoken ignoranhy or falsely either
on one occasion or the other, and we can have no
assurance that he has been better informed q 20
facts, or more observant Of truth. ON other and
more material points. This principle. sanctioned
by the law Of all civilized countries, and the feel
ihgs and common sense of every intelligent hui
man being, would in case Of similar inconsisen.
cy on the part Of the witness against him. protec,
the yeriest wretch who was ever dragged 10 the
bar oiJustice loaded with ignominy and suspicion
may we not then claim its benefit in behalf o.
an IllustrIous man, charged with crime against
which the integrity of long and useful lie
" trumpet-tongued" defend him.
| vi the witncssin this case, we know notbin.
personally-wc do not even know, though we
have the best reason to believe it. that he has in.
Volved himself in the contradiction which. if il
exists, We say should discredit him. OF his mo-
tives too we have no knowledge he may have
been excited by maIignity, or have been deceived
by the forgetfu!Dess Of age But the objection
we have urged to the authority of his testimony
we are persuaded cannot be controyerted
! But waving it-putting out of view that he
once asserted, aswe have attempted to show, tina,
the conversation referred to with Gen. Jackson
occurred at the house Of the latter on his appIv
ing TO him for bis license, and now. since il has
been clearly established that at that time Gen
Jackson was no Judge and therefore could not
have been applied to for any such purpose, that it
occurred during casual ride to NashyiIle-ad.
hitting that the error contained !, h, ,ou.a.