11 Ga. 123 | Ga. | 1852
By the Court.
delivering the opinion.
We are clear, that, such a practice is not only irregular, but fraught with the most mischievous consequences. The proper course would be, to have the triors brought into open Court, and there instructed publicly, in the presence of both parties, respecting the whole matter.
We see no error in this. Suppose the witness had been influenced by some noise he heard — the barking of a dog, or the cackling of fowls — to change his position, would it not be competent for him to testify to the fact ?
It is conceded that it would be a dangerous precedent to encourage one citizen to tempt another to the perpetration of a crime, and then to array the circumstances, which he himself had contrived, in order to convict him. But that is not this case. The initiatory steps had been taken by Whaley, to steal this slave. It was necessary to ascertain whether he intended to carry off the negro, and hence the directions which were given for his equipment for the journey.
Here, it will be perceived, was an indirect acknowledgment, though rather awkwardly expressed, that the prisoner had committed the present offence. He admits that this was not the first time he has been engaged in inveigling off slaves; but
If a paper is produced in Court, under notice, from the possession of the opposite party, it dispenses with proof of its execution. A document appended as an exhibit to a bill or answer, need not be proven by the adverse party. We think that the testimony in this case was properly admitted.