The Frances, 12 U.S. 348 (1814)
U.S. Supreme CourtThe Frances, 12 U.S. 8 Cranch 348 348 (1814)
12 U.S. (8 Cranch) 348
Where the affidavits produced on the order for further proof are positive, but their credibility impaired by the nonproduction of letters mentioned in the affidavits, a second order for further proof will be allowed in the appellate court.
There are certain rules of evidence, the authority of which is admitted in all courts. One of these is that if a written paper be referred to, which paper is in the power of the party, it ought to be produced.
This case, like the preceding, was an appeal from the District Court of Rhode Island. and the claim of John Graham, the appellant, was to certain other goods by the same ship, the Frances, captured and carried into Rhode Island, as stated in the case referred to, by the Yankee privateer.
The material facts of the case, and the substance of the argument on both sides, are stated in the following opinion of the Court, delivered March 12 by