18 Barb. 250 | N.Y. Sup. Ct. | 1854
The long protracted controversy between these parties, after having passed the ordeal of three trials, two in Madison county and one in Oneida, resulting in the disagreement of the juries empanneled to try it, has finally terminated, so far as the action of a jury passing upon the questions of fact is concerned, by a verdict rendered for the defendant, upon the fourth trial, before Mr. Justice Allen, at a special circuit held in Oneida county, in September, 1853. Upon every trial there has been a vast array of testimony, upon each side. The case is one of considerable importance in point of amount, but of far more consequence to the reputation of the defendant, since a verdict against him would be substantially equivalent to the conviction of an offense which, in a criminal proceeding, would consign him to the state prison for a term of years. To the parties it has been a litigation almost ruinously expensive, and exceedingly burdensome to the courts and counties where the trials have been had. The maxim of ancient jurisprudence, “ interest reipublicce ut sit finis litium,” may well be invoked to protect, if possible, the legal tribunals from the further consumption of time in this cause ; and it is assuredly most deeply for the interest of the parties that an end should be put to this profitless litigation. Desirable as this may be, however, these considerations must not be taken for a moment into the account, if any well settled rules of law have been violated, or a verdict has been reached by the admission of illegitimate and improper testimony. If this shall prove to be the fact, “ the end is not yet the ground must be retraced, however oppressive and tedious the journey.
Upon the fourth and last trial, to which an entire week of patient and laborious investigation was devoted, it is insisted that in the ruling of the court upon a single point, a grave error of law was committed, the consequence of which was that evidence was received not only improper in itself, but highly influential upon the verdict which was rendered. The case is one which turns almost entirely on circumstantial evidence, and it has been on every trial a leading and material point to establish the description of a gray horse, supposed to have been ridden by the
When it was perceived upon the trial that the whole stress of the plaintiff’s evidence was to show that the description given of the animal rode on the night of the fire, tallied with that of the mare which it was subsequently discovered was in the possession of the defendant, a strong inference would be suggested that the whole character of the evidence had been moulded into conformity with the altered circumstances of the case. The attention of the plaintiff was in the first instance directed to tracing the whereabouts of a particular animal, of which he gave a description founded on information conveyed to him—a description variant from that of the Harvey mare, in several marked respects—and he had sent at least one person to look after the horse answering this description. We are therefore strongly inclined to hold the testimony competent, in view of the character of the evidence which had been given by the plaintiff, the appearance of his witnesses 'and the personal relations of the parties, and as tending to show that the description on which the witnesses finally rested, and in which they mainly concurred, was entirely an afterthought, upon discovering the fact that, on the night in question, the Harvey mare was in the possession of the defendant. What weight, if any, may
We are to presume, in the absence of any complaint as to the charge, that the testimony we have been considering was properly presented to the jury, and no more importance attached to it, than it intrinsically carried with it. It would in its best aspect be but a circumstance, and that of a comparatively slight and inconclusive character, in a case made up of circumstances.;. and we may safely conclude that it could have had but little influence in determining the verdict of the jury. It was insisted, upon the argument, that the admission of the evidence complained of, which was alleged to be erroneous in principle, had been condemned by express adjudication ; excepting, however, a citation from the text of Phillips on evidence, and a single case from the English reports, not an authority, was produced to sustain this position. Indeed, when carefully examined, the case cited (Pellet v. Ferrers, 2 Bos. & Pul. 542,) will not be found to establish any such principle as was contended for on the argument. In that case, the defendant had given in evidence an answer in chancery of the plaintiff’s in another suit, to show by the statements contained in it a state of facts inconsistent with the. plaintiff’s claims in the suit then on trial. Thereupon the plaintiff read from the same answer a paragraph containing statements made upon hearsay, and insisted he was entitled to the benefit of these statements in his own behalf. The evidence appears to have been received without objection, and, in the arguments of the counsel at bar, not the slightest mention is made of this point, and it is only noticed in the opinion of Chambre, J., in the course of his decision. What he says, therefore, were it applicable to this case, is clearly obiter and entitled to very little weight, but it will at once be seen that it does not touch the principle contended for here. It relates simply to the question how far a party is entitled to the benefit of statements made by' him on hearsay, not to what extent they are competent when used by the adverse party against him. The marginal note to the case is. simply this: “ If a defendant give in evidence an answer in chancery of the. plaintiff, it will not entitle the plaintiff to avail
Hew trial denied.
Pratt, Hubbard and Bacon, Justices.]