United States v. Wood
U.S. Circuit Court for the District of Eastern Pennsylvania
The prisoner [William Wood] was indicted again, for aiding and assisting in the robbery of the mail, putting the life of the carrier in jeopardy, by the means of dangerous-weapons. 2d. For simply robbing the mail. The evidence was nearly the same as that given upon the former indictment [see Case No. 16,757,] except that Joseph Hare, who was examined as a witness, in behalf of the prosecution, had since died.
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The prisoner [William Wood] was indicted again, for aiding and assisting in the robbery of the mail, putting the life of the carrier in jeopardy, by the means of dangerous-weapons. 2d. For simply robbing the mail. The evidence was nearly the same as that given upon the former indictment [see Case No. 16,757,] except that Joseph Hare, who was examined as a witness, in behalf of the prosecution, had since died. Mr. Bache was offered as a witness, to prove what Hare swore at the former trial. This was objected to.
1Opinion of the Court
BY THE COURT.
The evidence is admis*755sible. provided the witness can repeat the testimony which Hare gave, and not merely what he conceives to be the substance and effect of it, of which the jury ought alone to judge. He may refresh his memory from notes, which he took of the evidence at the trial, or from a newspaper, printed by himself, containing the evidence of Hare, as taken down by the witness; but he must be sure of the accuracy of the statement, from his own recollection, and not merely from a confidence in the accuracy of the statement to which he refers.
The witness acknowledged, that…
2Cited by15 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- United States v. Van DuzeeSupreme Court of the United States · 1891
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- Summons v. StateOhio Supreme Court · 1856
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