American State Trials (Volume 11); A Collection of the Important and Interesting Criminal Trials Which Have Taken Place in the United States, from the ... to the Present Day with Notes and Annotations - Softcover

Inhaltsangabe

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1919. Not illustrated. Excerpt: ... reason to credit the testimony, but even in that case, if there are a number of persons equally respectable, having an equal opportunity to hear and see, and who were attentive to what took place, and none of them heard or saw, what is testified by a single witness, there would be great reason to suspect the affirmative witnesses to be mistaken; more so if the transactions had happened for some years antecedent to the examination. But, as to Heath, we do not contradict him merely by negative testimony; we contradict him by a series of positive facts proved by characters whose veracity cannot be doubted, which positive facts incontestibly show that what he swore never could have taken place. And, here again, permit me, sir, to make a further observation; that, where a person is charged criminally for words he is supposed to have uttered, those words ought to be proved with precision. Every witness on this occasion who have been examined as to expressions used by my honorable client, either on the one or other charge, which are held as exceptionable, declares he cannot pretend to recollect the express words uttered by the judge, but only to state what at this distance of time he can consider the amount of what was said. Nay, Messrs. Lewis and Dallas declare further that they cannot pretend to say with accuracy what part of the conversation, of which they give testimony, took place on the first or the second day, or in what order. Such kind of testimony, therefore, ought to be received with great caution and not to be considered as conclusive.11 This principle equally applies, where a person is charged criminally on account of words spoken, whether the offense is supposed to be treason or only misdemeanor. I will now, Mr. President, proceed to consider the conduct ...

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