Page:United States Reports, Volume 1.djvu/51

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 * —To prove the Defendant’s confeion by two witnees is certainly not ufficient, under the tatute, to convict him. But a confeion after the fact, is proof of the fact itelf; and though not competent alone to upply the want of two witnees, yet it is good by way of corroboration: And, therefore, if an overt act has been proved in the county of Cheter by two witnees, the evidence now offered will be proper, in confirmation of their tetimony.

One of the overt acts, then, laid in the indictment, is aiding and aiting the enemy by joining their armies, and this has been legally and atisfactorily proved. Notwithtanding, therefore, the other overt act of giving intelligence to the enemy, is not upported by any evidence, but the Defendant’s own confeion now offered, and which is in that repect inufficient; yet, it may be produced to ubtantiate another pecies of treaon; and on that ground we now admit it to be proved. See Foter 10. 244. 5. Bacon’s Abr, 145. Gregg’s Cae. 2 Hawk. 442.

The Attorney General and Reed, for the Commonwealth—Ros and Wilon, for the Defendant.

The proner being convicted by the Jury, his counel moved the Court to et aide the verdict, and grant a new trial, becaue he was advied, “that the evidence given repecting his declarations, or confeions, was altogether illegal, and ought not to have been allowed.” After argument, by the ame counel, on both ides, the motion was refued, who gave judgment for the Commonwealth; and the Defendant, a hort time afterwards, was, accordingly, executed.