by John Marshall Harlan

“ But a fact which can be primarily established only by witnesses cannot be proved against an accused, charged with a different offense, for which he may be convicted without reference to the principal offender, except by witnesses who confront him at the trial, upon whom he can look while being tried, whom he is entitled to cross-examine, and whose testimony he may impeach in every mode authorized by the established rules governing the trial or conduct of criminal cases. ”

“ Was the record of their conviction on another indictment against them only, pon their several pleas of guilty to a charge of stealing the property, legal evidence, against the defendant, that they did steal it? We think not, either on principle or authority. That conviction was res inter alios. The defendant was not a party to the proceedings, and had no opportunity nor right to be heard on the trial. And it is an elementary principle of justice that one man shall not be affected by another's act or admission, to which he is a stranger. ”

“ At the trial of Kirby, the government offered in evidence a part of the record of the trial of Wallace, Baxter, and King, from which it appeared that Wallace and Baxter, after severally pleading not guilty, withdrew their respective pleas, and each pleaded guilty, and was sentenced to confinement in the penitentiary at hard labor for the term of four years. It appeared from the same record that King, having pleaded not guilty, was found guilty, and sentenced to the penitentiary at hard labor for the term of five years. ”

“ It is scarcely necessary to say that, to the rule that an accused is entitled to be confronted with witnesses against him, the admission of dying declarations is an exception which arises from the necessity of the cause. ”

“ If present at that trial, he would not have been permitted to examine Wallace and Baxter upon their pleas of guilty, nor cross-examine the witnesses introduced against King, nor introduce witnesses to prove that they were not in fact guilty of the offense charged against them. ”