Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-12-08

WhHrsS uhucl inc toiiliCtiilp odiliS
that are so much talked about, and which
constitute alone, the very knob of that
report; or at least the dispute that has
grown out of it. 1t was material 10 me,
IN THIS case, that ere,y pord ! uttered as
a witness should have been reported word
for word by whoever volunteered to take
upon himself the responsibility Of Offering
to the public report of the evidence Civ
/ cn;-this was due to me and to those
who feel and are interested in whatever
concerns my character. If Mr.. II. had
had the candor to have done so, and
could have answ cred his object as well,
he might have obtained from me every
thing testified to as a witness, "ncarly
word for word," and about which pre-
sumo there would not have been at that
time, any difference of opinion between
us. No man has right to sport and tri-
fle with the reputation of anothcr-no
man of honorable feelings would ever be
guilty of the crime, nor shall any man
living commit that outrage upon me and
be permitted to pass on unhecdcd and
with impunity. The situation in which
! was placed, the great anxiety ! felt to
testify fully to every thing the law could
require of me, and the care and delbe-
ration with which testified, all consprcd
to impress most deeply on my mind even
"the very Words used on the occa-
sion. In addition to these considcra-
tons, as soon as the Court adjourned, |
carefully committed to paper the whole
evidence given by me on the stand which
than half an hour.
When this novel case shall be finally
disposed of by the Court, correct re-
port of it will appear-a report, venture
to say in advance, "the whole Court" s"
and if not call the Bar and jury" and
every body else, as Mr.. II. would say,
all that part of the Bar that heard the
trial, ercept three, will willingly and rea-
dily certify its correctness. But in the
mean time for your satisfaction, and to
justify myself with the public against the
half concealed imputations contained in
that report, let me show in few instan-
ces where Mr.. II. has omitted to report
what |, and every candid man will, deem
to be highly material to me as witness.
In the first place, MIR. Pearcc called
DIR. Case, | believe he was not Summon
ed y who when sworn was asked the fol-
! lowing questions: Mr. II. DIR. Case,
are you a mason? Witness: Yes sir.
Mr.. p. Will you repeat the oath or oaths
you took as mason? Witness then took
from his pocket 'Bernard's Light on Ma
sonry,' as it is called, and, handing the
book to Mr. p. observed, "that book con-
tains all the masonic oaths | know any
thing about" When this answer was
given, mr.. Hazard and myself looked a
bout in the Court house to ascertain if
there were any masons then present,
there did not happen to be one there at
the time except myself. MIR. Hazard
/ then requested me to summon Coils.
/ Nicholas q. Boss, Archibald Munro,
and Stephen A. Robinson.-I filled a
summons and sent an officer to serve
them with it without delay. MIR. IlaZ-
ard got through with the examination of
DIR. Case, when | asked the DIR. the fol-
lowing question, and in these very words:
"Doct. Case, when you took your ma
sonic obligations, was your mind impress
sed with the bcliefthat you was bound by
that obligation on all occasions, or on any
! occasion, to assist brother mason even
at the peril of doing wrong to yourself or
othcrsi Witness:-Why yes Sir--l did
in the first of it, until made my mind up
that masonic obligations were not binding
at all"
In this stage of the case, mr. Hazard,
who is very far from being mason, ap-
! peared to be astonished at the answer OF
! the witness, turned to me and asked Il
those witnesses had come in, being told
that they had not, he then asked the wit
ness question similar in some respect:
to the one he had previously answered
and the witness giving about the same
answer as before; mr.. III. finding tina
Col. Boss and the other witnesses ha,
not come in, and not seeing any masor
except myself in court, Immediately ros'
and asked the Court to have me sworn
This is the manner, and form, OF my ap
pearancc in this cause as witness. Wa
it necessary that should have been sum
moned, when | was there and concerned
in the case ?-It is worse than pretcnc'
or evasion to suppose such an absurdl
.y. Why, then, make use of the term
"voluntccr Witness" and especially whcI
the reporter very well knows, or ought f
know, that those expressions whcnevc
used by a lawyer at the bar or elsewhere
generally carry with them something o
an opprobrious import' Why use then
I in this case, when they were SO entircl.
uncallcd for, for any fair and manly pur
!, pose, and when every person that know