Case No. 17,478.

WHANN v. HALL.

[2 Cranch, C. C. 4.]¹

Circuit Court, District of Columbia.

June Term, 1810.

EVIDENCE—SUBSCRIBING WITNESSES.

Testimony of the subscribing witness cannot be dispensed with, although he resides in Massachusetts.

The plaintiff offered in evidence a receipt, to which there was a subscribing witness.

THE COURT refused to receive other evidence of the handwriting, although the plaintiff 854proved that the subscribing witness resided in Massachusetts, and had not been in the district since the last term.

But THE COURT said they would hear a motion for a new trial, if the verdict should be against the plaintiff.

Verdict for the plaintiff.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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