SEPTEMBER, 1810. quam diligentissime potui annotavi quae commutanda, quae eximenda dicere verum assuevi. Neque ulli patientius reprehenduntur, quam ARTICLE 6. Law of Evidence in civil and criminal Cases: e on Bills of Exchange and Promissory Notes. Swift, one of the Judges of the Supreme Court f Connecticut. Hartford; Oliver D. Cooke. Price $4 50 calf. the subject of Evidence occupies 174 pages, of exchange, &c. 108. The residue is made ally transcribed from books of reports in comthree original cases, ruled at nisi prius in Cons, indexes, &c. every work, the first object of attention is the ot merely because the whole superstructure t because it is supposed to afford the surest 's powers. In the work under consideration, evidently aimed at a simple distribution of division of the subject of Evidence is the itten and unwritten. Written evidence he three sections: 1. Of records: 2. Of pub . Of private writings. He then begins with poses to consider them under the following e records of the legislature and courts in this ate: 2. Of the records of the legislature and nited States, and of the several states in the ne records of foreign states: 4. Of the effect 5. Of the effect of verdicts. The three first ns are distinct classes of the general subject of or during the dissection ardour of medical men c which require that this borne in mind; since fit plied to prevent a mortify of which may occasion s want of due information, t justice to medical practiti other occasions. The ha of men by the yellow feve (improperly so called) of Marseilles and other place fections caught by wounds examples, prove that the war is scarcely more dan healing profession itself is fault however will be his o certain operations, if the 1 the simple and apparentl gested. As cases which are rec sion, the following articles Globe, printed in London i. and they will seem the mo en from the same number interruption of only three ! "Died, on Tuesday last son of the late Tristram ] Line, of a mortification in the body of a man who di a young man universally science of anatomy and su "On Monday last, Mr field; the ci for his EPISTLES OF WOMEN. The extracted from EPISTLES ON WOMEN, by Lazy Aiin, now A War and Co. In this extract in deseribel Adan before the limation Bn, and her in meeting "Sez where the world's new master rooms along, Mark his long listless step and torpid air, "But see they meet, they gaze, the new-bom pair Mark now the wakening youth, the wondering fair Sure a new soul that maping ideot warms, Dilates his stature, and his mien informs' A brighter crimson tints his glowing check, His broad eye kindles, and his glances speak. So roll the clouds from some vast mountain's head, Melt into mist, and down the valleys spread: His crags and caves the bursting sunbeams light, And burn and blaze upon his topmost height; Broad in full day he lifts his towering crest, And fire celestial sparkles from his breast. Eve too, how changed!..No more with baby grate The smile runs dimpling o'er her trackless face. As painted meads invite her roving glance, Or birds with liquid trill her ear intrance: im diligentissime potui annotavi quae commutanda, quae eximenda cere verum assuevi. Neque ulli patientius reprehenduntur, quam entur. ARTICLE 6. Plin. aw of Evidence in civil and criminal Cases: n Bills of Exchange and Promissory Notes. wift, one of the Judges of the Supreme Court Connecticut. Hartford; Oliver D. Cooke. Price $4 50 calf. e subject of Evidence occupies 174 pages, exchange, &c. 108. The residue is made y transcribed from books of reports in comree original cases, ruled at nisi prius in Conindexes, &c. ery work, the first object of attention is the merely because the whole superstructure because it is supposed to afford the surest powers. In the work under consideration, idently aimed at a simple distribution of vision of the subject of Evidence is the ten and unwritten. Written evidence he ree sections: 1. Of records: 2. Of pubOf private writings. He then begins with oses to consider them under the following records of the legislature and courts in this e: 2. Of the records of the legislature and ed States, and of the several states in the records of foreign states: 4. Of the effect Of the effect of verdicts. The three first are distinct classes of the general subject of records; but the two last are not; they are rather subordinate parts of each of the others. It is worthy of remark also, that the title of the last head is an imperfect description of the subject of which the author was treating. There was another point to be discussed of equal importance, viz. In what cases verdicts are admissible as evidence. The title of the second section is, "Of publick writings." Here the fault is the opposite of the one just suggested, viz. that it is too broad, comprehending part of the first section. "Records" are surely "publick writings." This division has however been adopted by former writers, but more definitely marked. The subject of the third section the author considers under the following heads: 1. Of proving writings in the possession of the party 2. Of proving writings lost, or destroyed by time or accident: 3. Of proving writings which are in existence, but not in possession of the party: 4. When writings may be given in evidence, without proof of their execution : 5. Of the effect of written instruments when produced: 6. Of the proof of writing in criminal cases. Under the first of these heads is introduced the subject of hand-writing. The subject of parole evidence is treated of under the following heads: 1. Of persons incompetent to testify for want of understanding: 2. Of persons incompetent for want of religious principles: 3. Of persons incompetent on account of infamy for crimes: 4. Of persons incompetent by reason of interest: 5. Of persons admitted to testify, though interested in the suit 6. Of persons admitted to testify against their interest 7. Of persons admitted to testify in their own cases 8. Of persons disqualified to testify by relationship to the parties 9. Of persons privileged from testifying: 10. Of persons not competent to impeach their own contracts : 11. Of compelling the appearance of witnesses: 12. Of the examination of witnesses: 13. Of depositions: 14. Of evidence in courts of equity. After having considered the kinds of evidence, the author proceeds to lay down the general rules. These are distributed under the following heads: 1. Of hearsay evidence: 2. Of giving in evidence the confession of the parties: 3. Of presumptive evidence: 4. Of the evidence admissible respecting character: 5. Of the number of witnesses: 6. Of the impeachment of witnesses: 7. Of weighing testimony: s. On whom the burden of proof lies: 9. Of the relevancy of testimony 10. Of the degree of evidence necessary to prove a fact: 11. Of bills of exceptions: 12. Of demurrer to evidence. Such is the author's general method; and though it fails, in many instances, some of which we have specified, in logical exactness, it is simple, and perhaps well enough adapted to practical purposes. It is to be observed, however, that in the execution, he has not uniformly adhered to his own plan. He sometimes introduces subjects, which, so far from belonging to the particular heads under which they are arranged, do not even belong to the treatise. Thus, in the section respecting the evidence of parties, after specifying the action of book debt, of account, and suits for the maintenance of bastard children, as instances in which such evidence is admissible, he proceeds to lay down the law respecting those actions generally, page 83 to 90. Upon the same principle, and with equal propriety, he might have introduced, in different parts of his treatise, the whole law relating to trials at nisi prius. Many parts of the work under consideration are well written. The preface is worthy of particular commendation. Where the author has had occasion to consider important questions, which are either unsettled, or have been decided in opposition to his opinion, he has discussed them with ability. His remarks upon the question, whether the witnesses to a will must be competent at the time of attestation, p. 65 to 68; whether a witness may be admitted to impeach a writing to which he has put his name, f. 96 to 109; and whether the disclosure of the defendant, on a bill in chancery for a disclosure, is conclusive evidence of the facts disclosed, p. 117 to 120-are instances. But whatever excellencies the work may possess, it certainly has its full share of faults. In the following sentences there is, with much tautology, and some other blemishes, a want of clearness : "An accomplice who behaves fairly, and discloses the whole truth, is indulged with the hope and expectation of escaping punishment. No authority has the power to assure him that he shall not be prosecuted : he must give his evidence in custody, and his title to impunity depends on his behaviour. But it is well understood, where the attorney for the state makes use of an accomplice to convict his associates, and be conducts fairly in disclosing his knowledge, and giving his testimony, that he is not to |