Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-07-24

man. unconneeied with the TRANSACTION. h,J
EXPIRE ssed appreciation or disapproba'ion. III.
accused cannot go into an investigation or
p,eyious exciting causes. Can par,y in.
sroduce the statement Of a witness which Ia.
no cupnexion with his testimony on oath, and
then move the statement untrue with VIM
% mp.ach his eredibility9 Was ii intended
10 make This Court the al ena ofpoliical discus.
sion? 1.-THE whole field Of politics IS to be uors
into. Ie, US go the whole on both sides H.
would endeavor 10 Ce prepared for be con,
flic,. The witness himself had no objecrio, "a
the reading of the articles, bu, he con,epdet
that the course was not sane, TONED BY law or
precedent. Lei the citizens Of the town \.
called into the eredibilI,y Of the witness. H.
challenged such Inquiry.
The Judge reques Ell tina, the paper shoui
be handed 10 him, remarking that he eorT
probably decide wibou, further discussi,,r >.
to the propriety Of using It.
The COURT is still Of opinion that the ac,so,
writing of witness connected with he ,rau..
action are admissible as impeacbing e,idenr.
TO shew his bias or feelings in relation to IN.
prosec ulion Of the accused. Cireum,,ar,cs
may produce bias or prejudice, though The
witness he competent and Of good ohsrae,,,
For INST rec, i, is admissible to Inquire il n.
Witness . ne father or son OF The par,y in,yo.
ducing him. The Judge illustrated his position
further, and concluded by observing lha, The
public a,ion might BIZ read TO the Jury, no, q,
evidence of The facts thereunlo stated, bu, 10 IN.
able them to form their opinions Of The cred.
it due 10 wiiness's statement and how f,r
he may have been Influenced in giving his les.
,imony W his feelings or his prriudices.
Mr.. Burnett insisted that all The arriclrs re-
fcrred to in he piece should likewise be read.
Mr.. Clay stated the case. We propose 10
read certain articles. The Court has decided
that we may do so, aad we proceed 10 read. II
the counsel on the otber side wishe to read
any thing in annexation, lei them offer il a,
proper time, and we will admit it or obiec,.
The CoukT replied ,ba' this course must be
pursued.
Mr. CHM then read the article from tie
Kentucky Gazette. purproting TO give deal
Of the facts ofthe transaction and other ciIcum.
stances connected with IT,
| Mr.. Hcklin was then callrd and examined
,ouc hing the anonymous letter He believed
10 be the same delivered by witness 10 Mr.
Robert WickIiffc at he Post Officr, but did no.
know who deposited it, nor who wrote IT,; ano-
nymous letters had been frequently drposi,rd,
had never been able to trace them to tbsir
source there were four a, that time 10 he
Post Office, addressed 10 gentlemen of he town.
Capt Pike He had often seen the musks
in the middle room as be- passed through 10
the printing Office; it stood near The door 10
the RICH, by the fire place; could no, be so e.
silly seen by aperson'going in as coming gu, d
the Office thinks he once saw the bay onet upuu
il; had seen gun in the printing room, bp.
did mol know ii to be the same examined Ms
gun and found il in the order Of militia mu >ksa
/ generally; il was rusty and might OF might
no. g. of il loaded il was his hsb, 10 exam
inc all stray guns to fnd those belongings
his company; nothing broken abou, i, had mol
been at The office so ofen during Benringi
time as previously had seen it in the midi.
room during BIS time, but don't recolleet Tie
last lime.
Mr. Burnett now proposed TO read the ari
cles referred to 10 the editorial remarks rat
by Mr.. Chinn, viz: Biography Of Benning,
Speech Of Mr.. r. WickiGe in The Senae
1924, and Petition 10 tue Court Of R. Wrk.
lift, praying continuance Of the recogniz,ra
in this case.
Mfr. CHM considered the pieces as who'll
irrelevant, aud pointed out their irrclevaneyE
length.
Mr.. Co,oan remarked, that The Jury sio
hearing them read would be able 10 judge d
their relevancy.
Mr.. Burnett regarded the extracts which, [
proposed TO read, as the very foundation Of be T.
editorial matter which had been read.
Mr. C,itfendsn-The object in offering wh
had been read was 10 show the state oil ie,Ing
of Gen. M'Calla. q witness, towards the 1t
cused a. the bar: that the witness WAS hosla +
to him, no mailer from what cause. II vi
not necessary to show that hostility was welr
i'll founded. The pieces are not referred 'On
the editorial matter in the sense in which It.l
can only be sensibiy referred 10 herein: mere
naming them is not such reference.
HE CouRT.-So far as the pieces in que
ton may be necessary 10 righl understands
Of The editorial remarks, they should be read
the Jury, but no farther. This is upon y
principle, that whenever conf ssion or eours
sation is introduced in evidence, the entire COZ s.
fession or conversation should be given, so Il
as 1t relates to The subject. The BiogrsN g