Levi Woodbury

“ Griffey was bound by his contract to 'put up,' as well as to construct, the steam-engine and sugar-mill; and, in the contract, he reserved to himself the privilege of appointing the engineer to run the engine, during the rolling of the first crop. Leonard N. Nutz was the 'engineer appointed to run the engine for the plaintiff.' He was thus a very important witness for the plaintiff. His deposition tends to prove, that the steam-engine, sugar-mill, and apparatus supplied by the plaintiff below were, in every respect, conformable to the contract between the parties ”

“ Neither Nutz's letter and affidavit, nor his statement in the presence of Edwards, can stand any of these tests. His credit may have been impeached, indirectly, by disproving facts sworn by him; and directly, by proof that his own statements, made when the breaking occurred, were in direct conflict with the account which he gave in his deposition. But his own position on the 3d of April, 1846, when he writ the letter, and in the spring of 1847, when he made the statement in the presence of Edwards, was the same as on the 1st of April, 1847, when he made the deposition. ”

“ Amongst other testimony taken on the part of the plaintiff, under a commission, was that of Leonard M. Nutz, the engineer sent by Griffey to erect and work the machine. His answers to various interrogatories may be condensed as follows:--
The quality and strength of the engine were well proportioned and strong. The quality of the machinery was good. The general style and character of the whole workmanship, mill and engine, was good. It compared with others very well.
By housings are meant the frame which holds or supports the rollers. ”

“ I was asleep along side of the engine, and was awakened by the surge, and took out the piece of iron; the housing did not part, it only cracked, and the mill was not stopped at all on account thereof; but when the tie-bolt was put in, we stopped about 2 1/2 hours.
In answer to 17th interrogatory says, The head engineer had an assistant furnished by the planter; the head engineer watches 18 hours, the assistant 6 hours, and they two attend to the engine.
In answer to 18th interrogatory says, I had an assistant, which was one of Mr. Conrad's slaves, named Tilman, furnished by Mr. Conrad. ”

“ In some cases the credit of a witness may be supported by proof of his statements, but this is not a case within the rule. Whatever uncertainty or fluctuation may be discerned among the older authorities, the doctrine which is now well established limits the abduction of confirmatory statements to cases in which the motive of the witness is assailed or brought under suspicion. In such cases, and in such only, evidence is admitted of his having made similar statements when the imputed motive did not exist. ”

“ This deposition was taken on the 1st of April, 1847.
The defendant then offered the depositions of Sosthene Allain, W. Hunstock, and William Neff. It may here be mentioned that the plaintiff objected to reading what related to Nutz's statements, on the ground that the defendant, by omitting to cross-examine him, and to inquire into such of conversations, had not laid the foundation for the admission of such statements. But the court decided to admit them, and allowed them to be read. ”

“ American Authorities:-Quay v. Eagle Fire Ins. Co., by Van Ness, J., 2 City Hall Recorder, 1, 21; Connecticut v. DeWolf, 8 Conn. 93; The People v. Vane, 12 Wend. 78, 79; Johnson v. Patterson, 2 Hawks, 183; State v. ”