The United States Versus Franklin W. Smith

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Alfred Mudge, 1865

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Страница 22 - The credit of a witness may be impeached by proof that he has made statements out of court contrary to what he has testified at the trial. But it is only in such matters as are relevant to the issue that the witness can be contradicted. Therefore, a witness can not be examined as to any distinct collateral fact irrelevant to the issue for the purpose of impeaching his testimony afterward by contradicting his statements.
Страница 23 - It must be distinctly understood, and observed in the conduct of all military trials, that the prosecutor must, during the prosecution, and before the prisoner comes on his defence, produce all the evidence he has to support the charge.
Страница 42 - I have been summoned before the Select Committee of the Senate fof investigating frauds in Naval Supplies ; and, if the wool don't fly, it won't be my fault. Norton, the Navy Agent, has complained that I have interfered with his business : he' and his friend Smith are dead cocks in the pit. We have got a sure thing on them in the tin business. They that dance must pay the fiddler.
Страница 22 - It is a well settled rule, found in all the text-writers upon evidence, that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony. And if a question is put to a witness which is collateral or irrelevant to the issue, his answer cannot be contradicted by the party who asked the question, but it is conclusive against him.
Страница 22 - If a witness, for example, on being questioned, whether he has not been guilty of a felony or of some infamous offence, deny the charge, the party, against whom the witness has been called, will not be allowed to prove the truth of the charge (2): such evidence is not admissible, either for the purpose of contradicting, or of discrediting him.
Страница 16 - ... has no right to cross-examine any witness, except, as to facts and circumstances connected with the matters stated in his direct examination. If he wishes to examine him on other matters, he must do so by making the witness his own, and calling him as such, in the subsequent progress of the cause. A party cannot, by his own omission to take an objection to the admission of improper evidence, brought out on a cross-examination, found a right to introduce testimony in chief, to rebut it or explain...
Страница 22 - Bull er(1), you can only examine to his general character, and not to particular facts; and the reason given is, that every man may be supposed capable of supporting his general character, but it is not likely he should be prepared to answer to particular facts, without notice; and unless his general character and behaviour are in issue, he has no notice.
Страница 31 - SEND & Co.: Gents, — If two lots of 750 tons each of charcoal iron were placed in our hands, for that reason no other parties will stand an equal chance with us. This, for many reasons not readily explained by correspondence.* Very respectfully, SMITH BEOS. & Co. The expression "many reasons
Страница 4 - Boston, Mass., the accused, then and there, being a contractor for furnishing supplies for the use of the Navy, and having, with one Benj. G-. Smith, under the firm of Smith Brothers & Co., contracted by a written testament, bearing date 9th Oct., 1862, with the Chief of the Bureau of Yards and Docks of the Navy Department, to deliver at the Navy Yard, Boston...