The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-15

Mr. CARLISLE think that you have made him your
witness The court siid ma! we had ishl 70 sal
YOU had closed your case We have closed our case
and YOU have gone into your Tebutng evidence, and
cannot therefore. call any OF our witnesses Tor crossex
The DIsrRIcT ATTORNEY. The principle OF the ruling
of which allowed you 10 recall Witnesses
for cross-examination al any tme entities 10 call
your witnesses for cross nination when to
rebut We are now merely crossexaminng the witness
with reference TO facts which did not come to our know-
edge until after our case had been closed
Mr May. We avow that our object is to contradict
the witness; but we do not wish 10 examine him as TO
new matter, because The rule in Smpsons case would
make hun our witness as 10 new matter.
Here discussion ensued TO whether the witness
be considered recalled for cross examination by
the prosecution, or as witness for the United States
After which, the court decided as follows
The COURT What the court has heretofore said does
reach the present at all The said, when
appealed to, that the defence had right to cross-exam
at any before the prosecution had closed It's
The rule n Simpsons does not apply TO this mat
Ter at ALL in my Judgment His honor then read Green
Leaf on Evidence section Az; and Slaks on Evidence,
may be examined 80 far relates 10 what he said
before He cannot be s-examlned with reference to
any new matter without being made witness Tor the
prose seCuiion.
Mr. May. j understood you to say that the article
in the paper which handed TO you written by your
self!
Ans. believe il was but there may be some little
of the composilor in it, wrote letter. OF which
what published in the paper which was handed to me ii
Cues. Would you know the res, Of the letter, if you
saw it
Ans. Yes, sir.
Cues Handing the witness two lettersl Examine
these, and see whether they are correct
Ans. To be certain in regard 10 every line, would
have to examine them word by word There is no ques-
which wrote.
Cues You acknowledge them to be copies of your
letters from the dates 10 the initials-io you not
Ans. Yes, sir.
Ques Are the dates TO these letters corec,s
Ans. On the Sunday morning after we had examined
the deed, wrote portion OF letter, but i did not i'm
body the whole OF what is in the letter which has been
shown me. When | came back from the mines, took
that portion, wrote this letter, and sent it OIL The part
OF The letter shown me Which refers 70 my VISIT 10 the
mines not in the first of the letters but in copying
suppose that copied The date from the first paper
Cues understand you TO say that you wrote a par,
of the letter dated, and you went of TO the mines
Ans. wrote the letter which imboIied remarks about
Dr. Gardiner, the acases notice, and arrival at La
gunias but nothing about distances to the mines That
part put in after had returned.
Cues You did not alter the date OF the rst letter
Ans. see that the date OF this letter is November %
must have copied the date from the first draugh OF the
letter.
Cues. What day i, that you reached Lagunilas
Ans The 25th or Goth of the month. We arrived
there on Friday evening.
Ques. Aud on Saturday, as understand you, you
went 10 the acalde's office.
Ans 1t was on Sunday morning.
Mr. Bradley would inquire OF the court how lar this
examination is to exlend5
The Court. This is only an explanation to make what
follows Ineligible. .
Mr. May | understand you to say that the original
letters contain the dates these copies and that
you believe them 10 be true copies
Ans. canno, tell certainly. | only Judge from the
dates which are 10 these letters. The day before we
started for The mines, sat down and wrote letter 10
nay father, and TO Colonel Seymour. After had re-
turned IRON the mines and when Slocum and Gardiner
were sick, sat down and copied portion oil the letter
bad written before and completed H.
Cues. Alter having written that letter, you then sent
il TO Colonel Seymour for publica,ioni
Ans. couple OF days after my return from the mines
enclosed j, 10 Colonel Seymour.
Ques. understand you 10 cay iha, that portion OF 1t
published IN his newspaper Is a true extract
Ques. Have you been an enlisted soldier in the army
Of the United States
Ans. Yes, SIR
Qu,s. Did you enlist a, BALTIMORE
The Court This is new matter undoubtedly.
The witness have requested that the defence should
not object desire that the evidence this subject may
go out The gentlemen desire 10 make inquiries with
reference 10 a couu-narlial on me in Florida. would
much rather have 90 out now than that the counsel Tor
the prosecution should make false representations
Mr.. May. We shall show what we desire IRON The
records of The War ohce.
Mr. BRADLEY We will not allow any Cross exami-
nation which may, the degree touch the SEN
siby The reputation OF witness called by u.s. with
out nrs seeing the grounds which i is based II The
gentlemen will let me sec The record VIII say whether
shall inlerpose any objection or not
Mr.. May. ! will not show IT to you beforehand
The witness. My character is interested and desire
10 make remark.
Mr. MAY | submit whether ] can ask the question
or noti
The COURT. II seems 10 that il is with reference
to a new matter entirely.
Mr.. MAY. The Court, then, refuses to allow me TO
put the question.
The CouRr. The Court cannot help it, II is nothing.
under the heavens, but new matter You must be sub
jeced to the usual law. thought you said that you
going to examine him wholly with reference to what
he testified before.
Mr.. May. The first questions which have put relate
10 his former examination the last not.
The Court. Not that conceive OF.
DIR. MAY. When you hear the letter read, you prob
ably will be OF different opinion. have right to ask
The witness question which may disgrace him, but he
may answer II or not as he peases.
The CoURr. You have not right to ask questions
when You please and how you please.
Mr. BRADLEY intend TO offer the record in evidence
TO the court II your honor rules it out intend 10 pub.
lush it as part of the proceedings Of the that the
jury and everybody else shall it, accompanied with
the explanation of the witness himself.
MIR. MAY The prosecution have no other testimony
to offer II there should be any inquiry the orig
nal of this letter, shall ask the court If OBJ
tain it, allow il to ia The best evidence is the
original itself.
The CouRT. My remarks applied TO what was said
in reference TO the witness being an enlisted soldeT and
court .martialed
Mr.. CARLISLE We have made no kind of objection to
the copies of The letters.
Mr. BaApLEY | hope there will be no misunder.
standing about the matter We do not object absolutely
the testimony with reference to the court-maa. but
desire To have an opportunity TO the record be-
fore we make oar answer 10 The counsel the other
side admit that they have the record but will not allow
us 10 see IT,
have an extract from record furnished by the Judge