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JAMES THOMPSON CALLENDER. 857

Junce Cuase. I desire to know what you intend to prove
by the witnesa.

Mr. Hay. We intend to examine Colonel Taylor to prove
that he had avowed principles in his presence which justified
Mr. Callender in saying that the President was an aristocrat;
that he had voted against the sequestration law, and the res-
olutions concerning the suspension of commercial intercourse
with Great Britain, by which he defeated every effort of
those who were in favor of those beneficial measures which
were well calculated to promote the happiness of their coun-
try.

Jupez Coase. You must give me a statement in writing
of the questions you intend to be put to the witness.

Mr, Nicholas. The traverser is at least entitled to every in-
dulgence which had been shown to the attorney for the
United States; this requisition had not been made of the
attorney, when he introduced witnesses on behalf of the
United States, nor was it according to the practice of the
State courts, I wish the witness to state all he knew that
would apply to the defense of our client, I do not know
what the witness would precisely prove, but if the court in-
sist upon it, I would furnish a statement of the questions
which I should first propound, but request that I may not
be considered as confined, in the examination of the witness,
to the questions so stated.

Jovan Cuasz, It is right to state the questions intended
to be propounded to witnesses, in all cases, and the reason is
extremely plain. Juries are only to hear legal evidence, and
the court are the only judges of what is or is not legal evi-
dence, to support the issue joined between the parties. To
say that you will correct improper evidence, after it shalt
have been given, is improper, because illegal evidence, once
heard, may make an undue impression, and, therefore, ought
not to be heard at all by the jury; and the attorney for the
United States had, in opening the cause, stated the purpose
for which he introduced the witnemes.

Jupen Cxase, having received a statement of the ques-

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