Respublica v. Ross
Supreme Court of the United States
THIS was an indictment containing fix Counts, which charged the defendant, in various forms, with forging and uttering a promissory note, dated the 27th of July 1795, purporting to be a note drawn by Joseph Heister in favor of John Smith, indorsed first by John Smith, and afterwards by Jacob Morgan ; and with fraudulently conspiring with one Langford Herring to procure Jacob Morgan to indorse the note by means of a forged letter, purporting to be addressed by Joseph Heister,…
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THIS was an indictment containing fix Counts, which charged the defendant, in various forms, with forging and uttering a promissory note, dated the 27th of July 1795, purporting to be a note drawn by Joseph Heister in favor of John Smith, indorsed first by John Smith, and afterwards by Jacob Morgan ; and with fraudulently conspiring with one Langford Herring to procure Jacob Morgan to indorse the note by means of a forged letter, purporting to be addressed by Joseph Heister, to Jacob Morgan. In the course of the trial, the following points of evidence were ruled by the Court. I, The Attorney…
1Opinion of the Court
M'Kean, Chief Justice.
Two objections have been taken to the competency of Joseph Heister, as a witness on the present indictment:—1st. Because his name appears to be subscribed to the note, which his evidence is intended to prove a forgery; and 2d. Because he is interested.
The first objection has been well, and sufficiently, answered, by the remark, that whether the name of the witness is really subscribed to the note, or not, is the fact in controversy, which the Jury must decide. If the signature was allowed to be his, the objection would then, undoubtedly, be fatal.
On the second objection,…
2Cited by4 opinions
- Hess v. StateOhio Supreme Court · 1831
- Heck v. ShenerSupreme Court of Pennsylvania · 1818
- Respublica v. RossSupreme Court of the United States · 1795
- United States v. AndersonU.S. Circuit Court for the District of District of Columbia · 1834