The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-27

said in the books that the deposition admitted because it
is cali "a TO msead
on aGSf s he az adj
ssaSs against although he had no!
and ysi am not aware that the original complaint ever
sfi g. Static the H Ts'
S % s.s mot w S" h h. ss "a Ss
pssr 1ns to the witness
said that taken BY hs holding an
taken TSs doe;ln has been ssy
toned and am strongly inclined the opinion that cannot
Cd @ hat the
Neither lie liberty tS should ever Be- put IN peril
by tesh .s,,ly 70 eIipare deposition .,,
that &c should Be- % TO sue1 id
si The eas h he
sa and will s.eSIs only SsNCp Of s
assonsd Stark Sta Y 49, 49, Ed Of % Russ %
s4s y t !ni His a S Hss
s Sy s
The aseaant and g Is@0ny all witnesses e.a
sSss Bqt hs %hss
5 Of is e 'a he
Ia ns ss % s amy Ses ry
m s w Wood s Comb ses '
o s 's sent one very Of to
% Of hs Go%mo9 Plea. 70 learn their and
not b received Carhew only H. other Questions
deposition was rejected BECAUSE the defendant pre-
ana So mao s 5 s,. % oSs o o
end The case must therefore be regarded BY
5 % of = % lie T. s r.ss
Ssy had %rSssd Robert Gs.s ISsy G ssa%sd
tee that the ioomen should be examined before of the
a.ssntsd . BY he Judges
The of X IN
as % Quite pess ss ofS & the
not ors! the e,mnaton Of witness before the
a Snx S NJ fra as Of 91 Ss
PENDANT that he should the examination inter
% And s:ssS;s
whether the Deposition could Be ai in violence
AZ the eommoaaw the delend,nt well the public
Sy Of a
S%E @ & % LINZ
Of iasss Ss ss
aa SG I mini W ne ss out @ Of Cent 10 I
| prosecuting officer.
IL uss @ Ss ~ Ss
ads are good evidence has four concluding Line. ooTs
well in criminal civil where sufficient
ss Sfss s
bu bias Sq s Id as @ n: SeSm his % S,
dsncs Az g. p j As that civil suit, very
there IS no adjudication or acce to support H. 'e'
Sa 81 & na n
taken before the Recorder therefore extaudcial and
H. remains consider these depositions they
nh Of P s TO- oa' Of on
but extends to every criminal and although the defend
thorty and his duty to examine the
Of ss e r.
ns sSsT.d no 5 sfy prosy in
sgan, 70 law LIS settled construction statutes
M b so o at the
pfess provide. ths had the pre-
sss si:s NJ s sSssi pray
binssI. s,ss a. al; King Ssiisshsn, ,I.eN.IiS N
MSs %, rs SAT- y;
e SyoGRs o.sa: s Si & b.. ra ~ @ $;
s Cow and H notes ,s to Phil e., esq., note &c, , The KIM
should ea me
es f.' KIND 'sr
and he deposition should b. taken possible The
;fs b s % n E %ss" q: s
~ The Masis.sts In short the deposition should take"
that The defendant will loose little the Of the
stead of having the oral examination Of the witness before the
Ia Rex Forbes, Holt. Rep s91 note, the prisoner
%s s"d s s 81
ana Wien c0Hiudsd The hss deposition
deposition which prepared defendants absence He
L S The Of a 1na % G
witness actually delivers hi, ts.moay So that h. know the
.qS
& s%f h H Kss a. ean ss5 RSs
twelve Judges and reported in Russ Ryan CIR Cos
Sstsre sda:sd
n n he me ne
alne deposition taken down; He then in:
a s sS sA9F
the whos Of been pre- vousy the
snG slowly H %as n s ws
a sSS b, s S :sH ,O What had
answered that sa perfectly eomes, The %ssass hes
proceeded examine the Sitns.: farther: and three
% The then SIGNED By
the prisoner Richards g b. before whom The defendant
s was that the i enc IL
and bso
q. Judges consider he
s1 ns s 1sps IN As
this because has been supposed to depart essentially
s axe 'of IA Rex Fcrb. did no; ppe he
ns Of 1s w. was the
orig and evidence taken before the waanwas
the aeSasI and S.ns:;e, over their dpS
the latter that be is liberty ask the and
amy p.ap s. s s es: not The
prepared aud the fepdents and, could
therefore be used on he Trial unless The deay was ooy.tsd
sss g;ss a ~ s :s.s ssi
Of h;r husband with coup.e she the
have defendant identified by the witness When they got
the house the Justice only prepared affidavit identity
the but he 70 the witness to the
original deposition and did what said will make thar
good evidence against defendant Although nothing
intended think this proper ofpo
cseding The husband had gone after counsel for e vey
purpose fh,vns assistance on the examination and me de-
PENDANT had been made much 10 be done
on this Mrs Pudy it highly probable that she would
have declined there until sufficient time had been allowed
the There ,sion for
ing the away with much haste after she had desired
to have when the Of her husband might be
expected within fifteen twenty minutes. The witness
FAR then dangerously ILL., and she did die
until the lapse Of than month from that time. The
language Of the is III desired by the person arrested
his counsel may be present during the examination" X
m si reasonable time after the arrest should he allowed
for the employment Of counsel and think the Justice mis-
Judged of duty proceeding before
sonabe time hau elapsed for the of the husband.
But whsw this supposed xamnaon of the witnel The