This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 Excerpt: ...very first thing, ' Oh, Denman, tell rne, is it as bad as we think?--is she guilty?' or something to that effect." So far the witness admits the words of this interrogatory. Then the inter, rogatory goes on: "Did you not reply, Comfort yourself, madam, she is not guilty?" and the witness answers, " I did not reply, ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 Excerpt: ...very first thing, ' Oh, Denman, tell rne, is it as bad as we think?--is she guilty?' or something to that effect." So far the witness admits the words of this interrogatory. Then the inter, rogatory goes on: "Did you not reply, Comfort yourself, madam, she is not guilty?" and the witness answers, " I did not reply, Comfort yourself, madam, she is not guilty; no, I am sure I did not." Now, that I apprehend to be a complete contradiction to the interrogatory which has been put; and I cannot help thinking that it is a very material interrogatory with respect to this case. It is pertinent to the issue, because it relates to the commission of adultery, which is the very issue in the case; and it is of importance for this reason, the witness can hardly be supposed to have forgotten so very material a declaration, if she did make it, as " she is not guilty.' It has been mixed up very ingeniously by the counsel for Mr. Davidson with a subsequent part of the interrogatory. " If nay, will you venture to swear that you never told the ministrant that those were your very words." That is a totally different and distinct inquiry altogether. The one inquiry is as to the fact, did you declare to Mrs. W. that in your opinion Mrs. Davidson was not guilty. The witness has answered; then the interrogatory goes on to a separate and distinct declaration of a different kind: " Will you venture to swear that you never told the ministrant that those were your very words?" Then she says, "I will venture to swear that I never told the ministrant that those were my very words.' It appears to me, with all my reluctance to admit exceptive allegations, that I have no power, looking at the rules and practice which have governed this c...
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