Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-12-15

of the House of Representatives. The Le9isa
ture were to assemble II, November, ana would
probably not adjourn till January Inc resPohu-
ent then addressed a memorial TO the OoVerno'
of the State. stating the circumstances OF e Cast
and the materality Of the testimony OF .ne VIII
nesses who were members oil the LeS's'a'u,e'
and he asked the Governor to convene INC
Legislature earlier than the usual period. III or
der that these members might, in good tune, Dc
enabled 10 perform the double duty Of legislators
AM, witnesses. The Governor declined com
pliance with this request The respondent ad-
dressed second memorial to the Governor,
and received a second refusal. As the only al
tentative left him, he then procured their depo-
sitions, Mr.. Lawless was present when tney
were taken before Judge Of the state OF Mis-
souri,, and enjoyed the privilege OF crossexa'nin'
ING them The depositons were now In the pos
session of the Secretary of this honorable court
The counsel for the respondcnt.as tar as depend.
ed on them, were ready to proceed to the trial. II
the managers on the part OF the House woa'o
consent that those dispositions should be recciN,
ed and read as evidence. MIR. MEREDITH clted
a nrecedent to show that this course, with the
consent Of both parties, could be pursued
the managers would not agree to let the ueposi-
tons be read as evidence. he should then nave
another motion to make. which 1t would be time
enough to mention after their decision shoulu DE
asccrtained.
MIR. Spencer considered the excuse OF the re-
spondeut for the hon-attendance oi the witnesses
in question as unsatisfactory. lhelr nuty as
witnesses in this court was paramount to their du-
ty as members of the Legislature OF MISSOURI
| Waiying this objection, however, the managers
nm the mart of the House, would say to the coun-
sci for the respondent, that if they would give them
an opportunitty to examine the dispositions, they
would then decide whether they could he re-
cciyc, and read az evidence; and 1t they could
be SO received, the managers should be wiling
TO dispense with the personal attendance OF the
witnesses. 1t required the production oil no pre-
cedent TO decide whether with the consent OF
parties, deposition could be received as evil
dence That was matter ut course.
| The counsel for the respondent assented to the
proposition of the managers.
Mr.. Meredith said, he had been mlstaken:-
The dispositions were still in the hands oil the
Judge before whom they were taken, and who
was here as witness.
Judge Carr was then called and sworn. lie
testified that the dispositions which he had Just
handed 10 the Secretary, had been taken before
him, as Judge of the third judicial circuit o! Mis-
souri,. Both parties were present when they
were taken. He had sealed them up, and they
had been IN his possession uil'h tnis 'hie.
MIR. Meredith said. that the counsel for the
respondent would want copies Of two of the de-
positions.
Mr. Spencer suggested. that if copies of the de-
positions were to be taken il would probably be
necessary to adjourn the Court till Monday next.
The Secretary was ordered 10 furnish copies
Of the depusitions 10 both parties.
On morton of Mr.. King of Alabama. the Secre-
tarv was then directed to Inform the House OF
Representatives that the Court FOR the trial OF
the Impeachment of Judge Peck had adjourned
until Monday next, at twelve O'Clock, when they
would be ready to proceed further with the trial.
The Senate then adjourned INIT, tomorrow.