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JAMES THOMPSON CALLENDER. 861

other testimony, however irregular or improper, might also
be admitted; and, particularly, that it would be a departure
from the universal principle of law, which required the pro-
duetion of the best testimony which the nature of every case
admitted, and that the journals and records of Congress were
the best evidence of what votes had been given on any sub-
ject discussed before that body.

Jovan Coase, Mr, Nelson: Being very much pressed by
the young gentlemen who defend the traverser, to admit this
testimony, I was going to recommend to you to permit those
questions to be put to the witness, though they are certainly
irregular. I wieh you eould consent that they should be pro-
pounded.

Mr. Nelson declared that he did not feel himself at liberty
to consent to such a departure from legal principles,

Mr. Wirt. Gentlemen of the jury: I premise that the sit-
uation of the defendant and his counsel is extremely embar-
rassing; as Mr. Callender had been presented, indicted, ar-
rested and tried, during this term, [ have not been able to
procure the testimony essential to his defense, nor are his
counsel prepared to defend him. The conduct of the court
was apparently precipitate, in not postponing the trial until
the next term.

Juvaz Case told him he must not reflect on the court.

Mr, Wirt said, that his objeet was not to reflect on the
court, but to apologize to the jury for the weakness of a de-
fense which he was about to make.

Junge CHasz, after observing that his apology included
the very reflection he denied, told him to proceed in his
cause.

Mr, Wirt. Gentlemen of the jary: I am prevented from
explaining to you the causes which have conspired to weaken
our defense, and it is no doubt right that I should be pre-
vented, as the court have so decided: permit me, then, gen-
tlemen, to pass on abruptly to the law, under which we are
indicted. You will find that a material part of your inquiry
will relate to the powers of a jury over the subject committed

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