Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1854-12-06
KhOw-Nothingism in Court.
.Niddleser Court Of Common Peas, q
OCLOO6T ICFHB, az AUtUttE. J
Commonwealth US. Michael Rearden.

has attracted considerable attention, wei
publish more extended report of the
testimony and the rulings OF. the court
thereon.
~, ltwas an indictment for rape on one
Mary F.. Beard, who testified to the full
COZ atom of the offence, and TO the identi
~ of the defendant. Five witnesses were
called by the government 10 testify tot
finding tracks and other circumstances
tending to connect the prisoner with the
offence. It appearing in evidence that
There were niue persons in company
when these tracks were traced, all oil
whom knew the same facts, and FIVE only
being called, and as one of these varied
from all the others in regard to the iden
tify of the tracks with those made by the
defendants boots, it became material to-
inquire for the cause, if any, of this dis
erepancy. The counsel for the defense
were informed that the four witnesses who
sWore positively to the identify Of the
tracks with the form Of the defendants
foot were e know nothings;" while the
other, who testified that the tracks were
unlike those of the prisoner, was not
. member Of that order. Whereupon
The loading counsel for tho defense put
the following question to Il. G. Snow, a
. witness for the government.
QUESTIONABLE you member Of a So
! eiety popularity called know nothings? 9
Mr.. Train, district attorney)-I oh.
jeet to the question. ...'
Mr.. Butler. (eading counsel for de-
tense III insist, because | am instructed
AhAt this and all other government wit
nesses but one are members of a secret
society who are banded together under
an oath against my client, who is All
Irishman and Catholic, and l wishe ,o
show that this witness test6ea3 under a
tias, and especially because that of ali
Tho nine witnGSss who know the same
facts, the government have produced Eve
emily, Gour Of whom are know moth,
1ngs," and the fifth no: being member
Of that order contradicts all the others,
and believe there is an agreement from
bias between these government witnesses
to procure the convictie1 Of the dozen
,dant.
Judge Bishop-In tEat view, to show
bias, in the witness, the question may be
put on cross. examination. Witness an
swers the question: am not.
Q.-Are you a member Oi any secret
society? l am a mason. lAre You d.
rectiy or indirectly connected with so
ciety popularity called know -nothinps-
give this name because don't knC " its
real name ?"61 am not. connected with
the society Of know nothings!" Have YOU
ever joined any such secret society 2" II
have not.'' .t!Are you in any WAY con
o. nected with society that has for any
part OF its objects opposition to aliens on
n OOtt4 HuVn tnEn
scribed to or received in any way or form
any oath or obligation in any way bindiug
upon you in regard to aliens?
Mr.. Train.-The witness is not bound
to criminateehimself if no has taken an
unlawful oath.
Mr.. Butler.-He must show, then, that
he cannot answer because of that reason
only. 49, .......
Witness to Court.-Am l obliged to
answer that question
By the Contributes it will tend to
furnish evidence by which you may be
. convicted of crime
-. Witness-l would like to take advice.
~. Court-You may do SO.
Witness steps down and consuits with
Mr.. Train, and they retire from the court
room.
- The court takes recess Of ten min
utes.
Then the witness again takes the stand,
and the question is repeated.
Witness.-1 cannot answer without
eliminating myself.
Q.-Witness what did you say to Mr..
Train when you went out with him ?
Mr.. Train.--I object that was = pri-
Rilege communication.
Mr.. Butler-It is the witness privilege
not to have his counsel called against him,
as to any disclosures be may make, but
the witness is here bound to tell the whole
truth so far as material TO make a clean
breast of it. If he has made any state
ments which will tend to show bias, then
he is bou,,d to state them whether made
to his counse, or not. In the case srpGtrIe
Perham in the Supreme Court, c. J..
Shaw required the witness to state what
he told his counsel When he went 10 him
to take advice as to how &e might take
advantages Of the iusolvcnt lays.
Train.-But the insolveut voluntarily
puts himself under oath to tell everything
to his creditors.
Butler.-lf this is privilege. he does
not part with it by becoming insolyent.-
Is not this witness sworn to tell the whole
truth
The Court shall not compel the
witness to answer the question.
Cross examination resumed-are you
member of the society called know
nothings? l cannot answer without cr.
mi~ating myself. Are you member OF
= secr;~t society opposed 10 aliens? l
can't answtcr for the reason just stated
Were you ever present at any meeting of
such society in lie to "a of Groton? can
not answer. Did you eve see john "A.
Gardner Ia government witness ! there ?
L cannot nnS,uer HaNn vn,, sem NGln