New-York daily tribune., 1843-02-03


IN the civil lbaIals HIS duty he believes AKIN 70 s
which dcvoiyed English Judges al ths ul1
WHEN ra'ersers were pu! on tfal without tie p1leess
counsel. pros. cutiIg officer in the American Sosp'
where the benefit OF assstancc is always allowed ae -
ienddh, usually Contents himself with preseLung P1
ace case, auc II compelled resort 10 wntses D.es.
TO have favorable ie,lpg towards The Defendant sEos
y a>es nose Than Is absolutely ndspenstbie Det.s
otherwise he would be preyeDls iro1i slng lsta 80
niony oJ CHARACTERIZATION or a!tsckies Ny Nay
impeachment OF Character should they bear Walses
rary 10 that he believes the Truth, the piinei2s y
ing that no enc shsI thus dscredA his sas Naoss Nass.
Eut must not oe made TO take posiiIoa al a css
me tIoc extracting The truth OF te uansaclion eos.g
high witness prove the hanging ci Mldsnpu2n sDess
seamen Cromwell and Small by abe order OF toulsSs e.
Mackenzie, and close TIE the iU!e OF law DeDt -,
after the death Is shown 10 have occur cd sc'naDy %
stEncyeiy by the defeHdapt it's presunled toDc u
1t j. hs duty tc prove minor degree oil cilnnsuy rt
eniife ratification excusaDIi IN tnectNg " -, "a
viii be the general cOsrse IN civil judicaiEfes III 49,.
retain the rights OF examination and
The duty II the Jusge Advocate Is, IS have ~
posed TO be that OF thr Eagllsb Judge 10 casSs m
privilege OF counsel, hai the JUICES sgto "esr,
question that Douid be legal Jrors ettisr sd. ssl
pect, therefore, resucteu by itc tecbescNi s,sr
these particulars and be treated and restrained as
nary prosecutor. ~ish elicit whole ifi.a =,
fAvora bic adverse 10 the deleAcanti and "
tracI what legally ougat 20 serve hln equally
cpcnsei, " M be sfiIy from inferior capacity
sag gacty which partisan feeiisg does oay ss
But De sppgised IN advance, by the deteall ~
bis counsel, OF iheir lneasef course. Do isry g
10 contract my prvlls ge 10 AK any ques,sos I'd.
Gf ,l3v.niy practice beofe Copn AAfai, 10 .i,s
day g. tne Engiss Judge f1. The benefit OF
but es The American pfo-esoos ter ine dsaa'Sesse
the G1yernu,ens Therefore moei respeetiay - ds5
tie Defendant aud sls CeaIsei tc slgn!y wh7i "a
would prefer The Judge Advocate 10 occupy.
TO have, ~diset exception, lse Liberty OF 81
10 lhS nature OF cioss e1adiisaiioa Of ny o"u s.aG
Ia such cases as my Judgement gond iratS @ - - ,aI
ior Tue attainment Oi uulh let Tie dcieadsn. ~
sbaH conduct tner cause aftef the nan1e9 ot ,i 81
IN ordinary cases bepois civil tribunal sna
Inc yiEesses who viii make The case ss sifS us gg
THIS Is tnovghi by the GovsrEmcIt Is, be @ ~ n ~
Importance, a.d il is not unlikely tst an ~
trTiy ability a.d whose capacity Gas been - ~
10 command the respect OF The Whole co1stfs
COW coaojutef. In CONSULTATION ttefro' W
ion shall psocecd IL The trial tps aD sof1.
suea the oesgc Government Geisy ~ ssos
bic and expeai=ni nnter any Coa, as Pefee.sh sss
TAM point sE The outset OF this cause haye M d M
2orlaaIty tom the recsrcy o. aay aPpossuss TOO
difaeuiiy o. commanding sae Use OF books wDeH
ones own ottce, OF iborcashiy exaniniDs' e..,.
Mr. Duer then said rha, Cousseit tor she oss'. !,
agreed with the Judge Advocate that nc VIZ s.
TO be regarded as prosecuting officer Sa' 81 {,
duties were more of jueiciai character, hs' -.
would not, therefore, be restricres IN his ...f
tion by The same technicalities that Pfo'ss'
officer would be. In
Ths Cou,t was then cleared. the Judge =