Mr. Morton said that Miranda was a distinguished officer, in con sequence of a question being asked who Miranda was. I do not recollect the members of the corporation who were present, but I remember that a toast was given wishing him as much success in South America, as North America had in our revolution.

Q by Colden. In these conversations, of which you have spoken, did you understand that the expedition was set on foot with the approbation of the government of the United States ?

Sanford. We do not object to this question as it relates to any one conversation between Col. Smith and the witness, and any part of which the witness has related, but we object to the ques< tion as applying generally to any conversation whatever which the witness may have had with Col. Smith.

Emmet. We do it in the way that you have conducted your examination, in order to get the truth out of the witness by aiding his memory.

Colden I understand the objections to this question are that it is too general, and that it is a leading question. It is too general, because it relates to all the conversations that may have passed between Col. Smith and the witness. But it must be recollected that the witness has not attempted to detail any one conversation that passed between him and the defendant; on the contrary, he has told us that he could not recollect what passed between them at any one time-and he has only given us the impressions which were made on his mind by all their conversations taken together. Now if the public prosecutor is to have the benefit of these impressions so far as they may be favourable for him, shall we not be intitled to the same kind of testimony, so far it may be favourable for us. Had the examination of the witness been confined to any particular conversations, undoubtedly we could only have inquired as to what passed in these conversations. But when the witness has been asked by the gentlemen on the other side, what he understood from all the conversations generally, certainly we must have a right to put the same general question. As to its being a leading question, it must be remembered that the witness is now on his cross-examination, and upon a cross-examination we have a right to put leading questions. For the law on this point, we again refer to Peake, 188.

Sanford. It is the law that where a witness swears to a conversation or the admissions of a defendant, the whole is to be taken together. But that does not comprehend the right of putting questions on the cross-examination not relative to the issue. Questions connected with the cause, I am willing to admit, but not those which are unconnected with it. It is necessary to adhere to the rules of evidence, but this would be a violation of all rules. It would produce the absurd effect that the defendant might make testimony in his own favour, by subsequent declarations. This would involve a violation of fundamental rules of evidence

Colden. With permission of the court, I will put our question in such a way as that the extent of our inquiry may be distinctly seen. In these conversations, from which you collected the testimony you give with respect to the destination of the Leander, did not Col. Smith tell you that it was set on foot with the approbation and consent of government ?

Edwards. It is competent for them to show what occurred in any one conversation, but they shall not garble the conversation; that is the rule of law; it is founded in good sense and strict justice. Mr. Swartwout has been called upon to say what conversations and confessions had been made to him by Col. Smith : his answer is, that he is not able to relate particular conversations, but he collects a result from the whole. I find no fault with the testimony given in this way; but if he answers the particular question as it is now put, he must do it in connection with the whole, and must give us time and place.

TALMADGE, J. It is proper to examine the witness on any particular conversation, of which he must relate the whole, as får as his recollection serves, and then particular interrogations will be proper.

Colden. Then, I trust, his testimony, as to conversations between him and the defendant, will be rejected altogether; for he has repeatedly said he does not recollect any one conversation. Is it intended to receive or reject the whole of his testimony?

TALMADGE, J. That is a subject for after consideration; no doubt, it will have all the weight it is entitled to.

Emmet. We ask, whether the whole of Mr. Swartwout's testimony is not legal; or is it to be abandoned, because he cannot particularise each conversation, but speaks only of the general result? We ask for the same latitude in our inquiries as has been indulged to the public prosecutor.

TALMADGE, J. It is proper to interrogate the witness as to the conversation's which he has had with Col. Smith, on all matters relevant to the issue. The conversation at one time might be of one kind, at another of another; they mutually explain each other. But if he says that he does not recollect the conversations, it is proper to put questions that may remind him of it. Colden. Then the court overrule the question?

TALMADGE, J. No, I do not.

Colden. I will then again state the question as I conceive it would be proper. From the several conversations you have had with Col. Smith, did you understand that the expedition was fitted out with the knowledge of the president?

TALMADGE, J He may answer that question if he can identify the particular conversation.

Colden. Can you identify the particular conversation?

A. No,

I cannot; the testimony I have given is the general result of the conversations I have had with Col. Smith.

Hoffman. Do you undertake to say that this is a result from the whole of your conversations ? A. I think it is.

Emmet. In those conversations, was there any that led you to believe that he had the approbation of the president?

Edwards. This is an insidious mode of examining the witness; let them point to the particular conversation, and then ask their question.

Morton. I consent to leave the question where it is; the difficulty which is made by the counsel for the prosecution to our obtaining an answer, is itself an answer.

Emmet. Have you in any of those conversations formed an opinion that the expedition received the approbation of the president?

Edwards. That is the same question only in another garb.
Emmet. I pray the decision of the court.

TALMADGE, J. He must answer from his positive knowledge, not from his opinion.

Emmet. Have you then a positive knowledge of any particular conversation in which Col. Smith mentioned he had the approbation of the president?

TALMADGE, J. Have you any recollection of a particular conversation respecting this expedition? Repeat the whole of that conversation.

Emmet. Can you recollect any particular conversation respecting the destination and the object of the expedition by the Leander?

Edwards. You are to state what you know of the destination of the Leander; but did he ever mention to you, in any particular conversation, that those circumstances were known to the president? If so, repeat the whole.

TALMADGE, J. The question must certainly be understood by this time.

Swartwout. I never heard him converse on the subject of this expedition, but that I understood from him, that he believed, from Miranda's representations, that government winked at the expedition; and he has complained to me since of this prosecution, as Miranda always informed him that government winked at the expedition.

Sanford. Did you understand that the Leander was used to carry on the expedition from this city? A. Yes.

Sanford. Did you understand that she had arms, ammunition and military stores on board? A. I did, but I cannot tell whether I received such information from Col. Smith, or gathered it from the general conversation of the city. I cannot separate these circumstances in my mind.

Sandford. Did you understand from Col. Smith that he has engaged men to go on the expedition? A. No.

Emmet. Can you give any detail of the conversation respect ing an interview between the president and Miranda? A. I understood from Col. Smith that Miranda had waited on the executive, and was informed that government would wink at it.

Sanford. Did you draw your information upon this point from

Col. Smith, or from other sources? A. I drew it from Col. Smith.

Emmet. Was it then universally understood that the Leander was taking in military stores? A. I heard it from several per

sons.

Sanford. Did you understand the extent of the means Miranda took out with him? A. I understood he had men and arms. Sanford. Did you understand that Miranda was to be at the head of the expedition? I thought so, but I dont know whether Col. Smith informed me.

Hoffman. Do you remember whether you were informed by Col. Smith that Miranda dined with the president and the secre tary of state? A. Yes.

Hoffman. Did you understand that Miranda was pressed to stay a day or two longer at Washington, after he was prepared to return to this city? A. Yes, I understood so from a letter Colonel Smith received from him.

Hoffman. Do you remember the date of that letter? A. I cannot say.

Hoffman. Was there a letter from Miranda, desiring Colonel Smith to conduct himself with secrecy? A. I was informed there was such a letter.

Hoffman. Throughout the whole of these conversations, did he not uniformly state that he was acting with the sanction and approbation of the government? A. Yes, no doubt, but I never questioned him as you do me. What I state is to be more relied upon as the general result, than any particular or precise information I had from him. I thought that Miranda's project was to revolutionise South America, but how I got the idea I do not recollect.

Hoffman. Did Colonel Smith tell you the Leander was bound to Jacquemel? A. No.

Richard Platt sworn.

Q. Are you acquainted with Colonel Smith ? A. Yes, for thirty or forty years. I have frequently conversed with him on this subject. We had conversations at the time Miranda was said to be in Washington; perhaps it was in December last, and frequently since.

Q. What did he say in December? A. I will give the court my general impressions on the subject. I understood this to be a British expedition, under the direction of Miranda, that he

came to this country in order to carry it into effect, and went to Washington to co-operate with the American government, when he at that time stated it to the president, who had full knowledge of the design. In answer to which the government said, it was not expedient for the country to go to war, but that he might go on with his plan as he pleased.

Q. Did you know the Leander was fitting out? A. I heard it from all the world. Miranda applied to Smith first, he referred him to Lewis, who said he could do nothing without Ogden.— This occasioned the introduction of Ogden to Miranda. This is all I know which relates to Colonel Smith.

Q. What did you understand was the destination of the expedition? A. I understood to Trinidad, and from thence to the Caraccas, and was very much surprised when I heard of their arrival at Jacquemel. I heard that he was to be supported by a large British force. I was confirmed in the suspicion that the government was acquainted with the expedition from Duncanson's letter, in which he informed Colonel Smith that he had just seen Tom Jefferson. I remarked it because he used the plain word Tom; and that he would shortly have it in his power to give him a military command. I then did not doubt the secret co-operation of the government. I did not understand the extent of the arming, but believe that it was confined to the single vessel, the Leander. There was a chest to come from Trinidad, on which I kept my eye. There was no danger he said; there were two vessels to join her. Therefore, I concluded that the whole business was understood by all parties. I connected this with the conduct of Armstrong and Williamson, who I understood was raising a regiment in Bermuda. I understood that Smith's son, was to be adjutant to Miranda; that the officers from here were to travel, but were to be joined by other officers at other places, and thence proceed to Caraccas.

Hoffman. Was it not the general conversation that she was going to be joined by the British? A. It was the general impression ten or twelve days before.

Q. Did you expect Miranda was to be received when he arrived at the Caraccas? A. I understood that the plan was to be so guarded, that Miranda was not to land unless the people were ready to join him; the whole plan was submitted to the govern

ment.

Q. How came you to understand this? A. Colonel Smith had shown me Miranda's letters to him, from Washington. I believe them to be genuine, but I do not know whether the statements they contained were facts or not.

Hoffman. Did you not understand Smith's name was mentioned to the government? A. Yes; I understood to Jefferson and Madison; they admitted that Smith was the most suitable per