State v. Sawtelle
Supreme Court of New Hampshire
Indictment, for the murder of the defendant’s brother, Hiram F., at Rochester, February 5, 1890. Kimball, a witness called by the state, testified that he was station agent at Rochester, and manager of the Western Union Telegraph Co., and produced a printed copy of the following rule of the company: “ Whenever a manager or other employé is subpoenaed on the part of the sender or addressee of a message to produce it before a court or other legal tribunal, he will comply with…
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Indictment, for the murder of the defendant’s brother, Hiram F., at Rochester, February 5, 1890. Kimball, a witness called by the state, testified that he was station agent at Rochester, and manager of the Western Union Telegraph Co., and produced a printed copy of the following rule of the company: “ Whenever a manager or other employé is subpoenaed on the part of the sender or addressee of a message to produce it before a court or other legal tribunal, he will comply with the subpoena, and afterward return the message to the files; but whenever a manager or other employé is subpoenaed on…
1Opinion of the CourtCarpenter, J.
Whether the rule of the telegraph company is a reasonable one, and whether the court might properly have compelled the witness to produce the telegrams without making the order required by the rule, are questions that need not be considered. Hall v. Young, 37 N. H. 134, 142. The method of procuring the telegrams did not concern the defendant. It was immaterial to him whether the witness produced them voluntarily in compliance with a rule of the company, or involuntarily under an order of court made in defiance of the rule.
The telegrams were properly received in evidence. They were…
2Cases cited34 opinions
- Spies v. IllinoisSupreme Court of the United States · 1887
- Hopt v. UtahSupreme Court of the United States · 1887
- People v. MatherNew York Supreme Court · 1830
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- State v. HoytSupreme Court of Connecticut · 1880
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3Cited by22 opinions
- State v. TonnSupreme Court of Iowa · 1923
- People v. MolMichigan Supreme Court · 1904
- State v. LaamanSupreme Court of New Hampshire · 1974
- State v. JaromaSupreme Court of New Hampshire · 1993
- In RE STATE (STATE v. JohansonSupreme Court of New Hampshire · 2007
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