The daily union., 1854-11-10
COMMONWEALTH Vs. MICHAEL REARDEs.

al LouoeH
COMMONWEALTH Vs MICHAEL REARDEs
AS this in Of its incidents has attracted con-
siderable attention publish extended report Of
portion the testimony and the rulings of the court there
1t was an indictment for rape on Mary F. Beard who
testified to the fu completion of the offence and TO the
identity of the defendant Five witnesses called by
the testify finding tracks and other circum
stances tending the prisoner with the offence Ii
appearing in evidence that there nine persons in
many when these tracks were traced all of whom the
same facts and five only being called and of these
varied from all the others in regard to the identity OF the
tracks with those by the defendants boots it became
material To inquire for the cause if any of this discepan
cy The counsel for the defence Informed that the
four witnesses who swore positively to the identity OF the
tracks with the form of the defendants foot know
nohings - while the other who testified that the tracks
were unlike those of the prisoner, not member of
that order Whereupon the leading counsel for the defence
put the following question TO H. C. Snow, witness for the
government:
oues Are you member of a society popularity called
know-nothings2
Mr. Train district Attorney Iobject to the question.
Mr. Butler, (leadng counsel for defence.) insist, be
cause instructed that this and all other government
witnesses but members OF society who are
banded together under an cath against my client who is
an Irishman and Catholic and wish to show that this
witness testified under bias, and especially because that
all the nine witnesses who know the facts the gov
have produced five only four of whom are know
nothings and the fifth not being member OF that order
contradic all the Others and believe there is agree
from bias between these government witnesses to pro-
the conviction OF the defendant
Judge Bishop In that view to show bias in the wit
ness the question may be put cross-examipauon.
Witness answers the question l am not
Q. Are you member of any secret society
A. am Mason
o. Are YOU directly or indirectly connected with a So
cety popularity called know-nohingsI give it this name
because do not know its real name2
A. not connected with the society OF know-noth-
ings
O. Have you ever joined any such secret society,"
A. | have not.
@ Are you in any way connected with society that
has for any part of its objects opposition to aliens
A. | am not.
O. Have YOU ever taken subscribed to- or received in any
way form, any oath or obligation in any way binding
upon you in regard to aliens
Mr. Train The witness is not bound to criminatc him
self II ne has taken an unlawful oath.
Mr. Butler He mpst show then, that he cannot
because of that reason only
Witness to the court Am 1 obliged 70 spswer that
question?
BY the Court Unless it will tend to furnish evidence by
which you may be convicted of crime
Witness would like TO take advice,
Court You may do So
Witness steps down and conSults with Mr. Train, and
they retire from the court room
The court takes recess of ten minutes.
Then the witness again takes the stand and the ques
ton is repeated
Witness cannot answer without eliminating myself
Q. Witness, what did YOU say 10 tr Train when you
went out with him?
Mr. Train object; that was privileged commulica-
ton.
Mr. Butler 1t is the witnesses privilege have his
counsel caed against him to any disclosures he may
truth so far materalto iu29 clean breast Of it. If
he has made any statements which viii tena 70 show bias
then he is bound to state them, whether made TO his
sci or not la the pdrte Perham in the supreme
court j. Shaw required the witness to state what he told
his counsel when he went to him TO take advice to how
he might take advantage of the nsolvent laws
Train But the nsolvent voluntarily puts himself under
oath to tell everything to his creditors.
Butler If this is privilege he does part with 1t by
becoming nsoven Is not this witness sworn to tell the
whole truth?
The Court shall compel the witness to the
question,
Cross-eyaminat,on RESUMED are you member of the
society called know -nothngs2
A. cannot answer without eliminating myself
Q. Are you q member Of secret society opposed TO
aliens?
A. | can't answer for the reason just stated
Q. Were you present at any meeting of such So
cety in the town of Groton
A. | cannot
o. Did yon ever see John A. Gardner "a government
wtness) theref
A. can't answer,
Q, Have you seen John pingree theref
A. | cannot answer.
O. Does Dr. Norman Smith belong to that society,"
A. cannot answer.
@. Where does that society meet
A. cannot
@. Is there any obligation taken by its members
A. cannot answer.
O. Is the society based upon opposition aliens in
social religious, and political point of view >?
A cannot answer.
@. Why do you say that you "cannot answer all these
questions?
A. Because it will tend to criminate me- as am ad-
vised and believe
O. Before yon began to refuse TO answer questions you
said in reply to my questions that you did not belong to
any society popularity called know-nohings was that
answer true or fase2
A. After hesitaton) 1t was true.
q. You also said that you not connected in any
way with secret society having for any part Of its OBJ
ect opposition to Aliens that answer true alse2
A fHestatingly.) 1t was true
O. fit Is true that you not member of the order of
"knownothngs ard joined any secret society OPP
posed to aliens, how il tend to crimnate you say
soY Are you member Of any such society2
A. am not.
O. Are you in any way directly or indirectly connected
with any society of men opposed to aliens Catholics
a. | am not.
Are you in any way connected with any body of men
called in common speech "know-nothings by whatever
name TACT the society may be called Answer without
evasion eqniyocaiiop.
A. I cannot answer without cr,m mating myself
Counsel. | insist upon answer " tue witness has
heretofore answered truly that he member OF Gt
order, he then without eliminating himself.
And beside he has chosen after he instructed in his
rights to answer that he was not connected with such
society," II SO ay exonpatng himself but believe in an
eoasire niannr Now he capnot be allowed to to
the matter far may tend to exculpate himself and
when the question is pressed home then refuse to
but having answered part be must answer all 1t is
most strange that crimnaa himself by swearing
that he does not belong to a secret society
The Court Witness you have said that you cannot tea
t whether you belong to the society called know-noth
ingp without eliminating yourself and yet you testify that
you do net belong to them Can you explain how that
can be-
Witness am not know-s,otDils.
Counsel submit that after this he SHAH eugWer the
question in the form have put it,
The Court. Put your question in writing.
Q [Aswrten Have you been in any way connected with,
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