The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-09
THIRTIErH DAy.-MARcH8


THRTnrH DAy-MARcHs.
The Court met ten O'CLOCK pursuant to adjournment
The journal having been read the orderly officer was
to the somers to fetch Midshpman Tilloson,
part of the prosecution.
The JupoE ADVOCATE stated that Commander Mo-
Kenzie had rested his defence he proposed to call Mr..
Totson and that he about to make an application
to the Court for permission to make the examination Of
those officers Of the somers whom he might call for the
prosecution in the ne ture of a cross-examinaon
Mr.. SEDowIcK-On what grounds3
JupoE ApvocArE-Well, had hoped you would have
sesm lined will give you my opinions, as have pre-
pared them.
He then read the following paper:-
Inc Judge Advocate to commence the replica
tory testimony OF the prosecution by calling some the
ocers oil the somers who have not been by the
accused and he desires Of the the liberty of ing
their examination in chief in nature Of cross ex anil
nation. 1t settled principle of law that where from the
circumstances OF the transaction the relative position Of
the parties side has to call ts
view of the case this privilege will be allowed. Where
is adduced against his father, a agent
against his employer among the illustrations Of the
general principles Of exception the usual rule put
in the books. The general lang age of Starkie " s2
is "The Court frequently permits adverse waess to
be cross examined by the party who calls him. and by
Phillips on Evidence, 269, Cowans Edn, is stated
II witness should appear to be in the interest of the op
pose party, unwilling to give evidence, the Court will
in its allow the examination in chief to
hing of the form OF cross examination" In Ros-
Goes Criminal Evidence, 49, decision OF c. j. Best Of
England is given that IL witness stands in situaon
which of essy makes him adverse to the party call
ing him. the party may a matter of right exa.
mine him" The learned labors OF Justice Cowan have
yor 90 ,h saa oaact in On ahIa not. 20 ,ho ohov. c,t.
ton from PHILLIPS to be found in note 500 to his edition Of
that authors treatise.
This furnishes every Incl lent to Justify and euforce
the reception Some OF the witnesses the relations
tendon, Of he which !.
s Of Nc nrosecu,;on and No mutual nos,on n1 ~.
n9 ars 80 snca &c cc'rr.nca ua ,a;. to-
tha oiiowance oS The nriviiage with n vsw 10 Leen
them % h snot and III duration Of mi, trial not heinz
oreseen these officers remained aboard the Somss
ever since in constant with each other and
nv No n a
ha excbsnge If their recoIiectioss commentarss and
Vent The most mature minds from scnerang fsct from
onnon and belief and from avoiding the ibe adon.
on nv each as his own of or sat. o mind
which was originally ndiy and pee to one or
iaw II will nstuIa under such crcumstancs. occur
M tho minds If not ooda cr,coIy 70 nractica
sef insnecton will not 60 much he that number of mir.
rors ono transscton a. the the
same reaection In fact tberoia M nIan nv uhicb the
If these could mr. ought 10 have been
r.reU,nS ne'e 'N's 'ouiu u o's"' " "''e '''"
comne,,ed very reluctantly 10 present 10 the Court
ahovn When his cas was about heinz
Cd Ma Uars wos desired "a ,oyor mo ;th On .nnnr,w.
n;tv hr visit N ascertain his in lormaton with vevv
~ 10 Dreparation and mention of the cuse Hs waited
IN VA, ond soon manifes.d an ingenuous
Of a u a,u ndcang SONS rceance to communicsts
VIII, ha knew After renlvinp tn few trivial oues,ions
M d;d stated to me hat he did not think me- entitled
excen on the stand to his His mistake was
IN him and he was told that thou oh M Ia Ala
not comps witness to answer out of Court that habit
and sense made the right as perfect as if Of prescrp
tion THAT otherwise no case could he prenared mt
observing his unremoved dissemination 10 the examna.
ton told this courteous officer would not be urgent
with him felt assured he would state our interview and
nv to his and in rood season re
act;on would obvoie any future obiecton inssrrad az
that he was acting on some exchange of on.Ion
with his as h. had called on me
after notice of the object in view from his visit
This ir cident should have recalled but from