John McLean

“ The rule is well settled in England, that a witness cannot be impeached by showing that he had made contradictory statements from those sworn to, unless on his examination he was asked whether he had not made such statements to the individuals by whom the proof was expected to be given. ”

“ This rule equally applies whether the declaration of the witness, supposed to contradict his testimony, be written or verbal. Starkie's Ev. 1741.
A written statement or deposition is as susceptible of explanation, as verbal statements. A different rule prevails in Massachusetts and the State of Maine. ”

“ This rule is generally established in this country as in England. Doe v. Reagan, 5 Blackford, 217; Franklin Bank v. Steam Nav. Co. 11 Gill & Johns. 28; Palmer v. Haight, 2 Barbour's Sup. Ct. R. 210, 213; 1 McLean's R. 540; 2 Ib. 325 ”