Page:United States Reports, Volume 2.djvu/94

 88 Casas ruled and adjudged in the 178t. melt favorable to thofe who efpoufed thc caufe of the invading trust Munarcb 5 and hence wemaydcrive all the provilions, which, on a charge of high treafon, make two witneifes neoelfary to the famecvert a&, or to two diferent overt afla of the l" ne trea- fon, or theconfellion of the defendant in open Court. 5 Ba:. Air. I45. It appears, however, as I have before intimated, that it has been decided that a eonfellion, though not made in open Court, if made in the prefence of two witnelles, may be read in evidence againll: the defendant, contrary to the opinion __ of the Chief Jultice Trewr, and the doubts of Jultiee Tracy. 5 Bae. Ah-. rjz. Fg!}. ro. 240. The cafe in 5 Ba:. mall: have been the cafe of an examination in writing, as it is faid it might be read in evidence: But Bcr1ui¢·b': cafe was a cnnfellion at the time of the faét ; fo that the former had no couelulive in- fluence on the latter authority. It mult, at the fame time, be allowed, that mall: of the au- thorities on this point, feem to lean againlt the admillion of the party':. coufeiiion in the prefence of two witneiibs, as fumcient for conviélion, unlefs it is made at the time of committing the _ criminal a&, or before a Magiitrate duly authorifod. But the cafe now beibre us, arifes on a confeiiiou in open Court, and though thewhole confeilion mult be confidcred together ; yet the Jury may, unqueftionably, on this, as on every other, point of evidence, believe one part, and difrcgard another. . Verdict, nor GUILTY. · Ilfaveméer Seflion, 1 7 8 1. . Res1>u¤uc.• vewu Wtn5uz.* HIS was an indiélment for mifprilion of Trcafon, in the M defendant’s fpeaking the following words—!‘ that he had live {ix years iu Loudon, and nine years in b·c.£w1I 5 and never lived happier in his life, than he had done under the Euglyb government; and that the King of England is our King, and will Lancaster, in 1vl7'L‘¢'2l3ée‘f xytix. Sue: the note to the preceeding cafe.
 * This caufe was tried·at a Scflion of Qyer 6.6 `· ‘I?:rminu·, held at

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