U.S. Circuit Court for the Dis...1802Check Treatment
THE COURT
refused a continuance, because the testimony of the defendant’s witness would not be competent, on the principle that the declarations of a witness not under oath, shall not be adduced against the witness’ declarations on oath. Quaere. See Peake, Ev. 84, 85, and 3 Burrows, 1244. On motion, THE COURT granted a new trial.
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