Mr. Lunt said it was clearly inadmissible.
Mr. Dana read a case in Wendall's Reports in which it was decided that the previous reputation could be shown. It is often the best evidence.
The Commissioner thought he should take time to decide the point.
Mr. Lunt said there might be a difference of practice in different states.
Ira Gibbs.—Have lived in Boston between 30 and 40 years—was city marshal. Have known Mr. Byrnes several years. I can't say but that I have heard his character spoken against in relation to truth and veracity. I don't think I have heard it frequently spoken about, but when spoken of, it has been against him.
Charles Smith—Constable and Coroner—Have known Mr. Byrnes about ten years; his character for truth, &c., bad.
Cross Examined.—The most I have heard about him has been from officers. Mr. Dexter keeps in the office with me. He has had difficulty with Mr. Byrnes. So has Mr. Leighton, who keeps in our office. I think I have heard his truth discussed, in reference to cases in which he was a witness. One of the cases was at East Cambridge. It depended wholly on his testimony, I understood, and the other side prevailed. These discussions about his character were revived on account of his being appointed deputy U. S. marshal. I don't know that those who spoke of him wanted the office. Don't know any body who wants his office.
Officers Rice, Dexter, Neale, and Luther Hutchins, examined as to the character of Mr. Byrnes for truth, testified to the same effect as the preceding witness.
Thomas S. Harlow, Esq., Counseller at Law. I have known Frederick D. Byrnes seven or eight years. His reputation for truth and veracity is bad.
Cross Examined.—Have heard him spoken of in the regular course of business, about the courts among officers. I had some business connection with Mr. Wellington, when he was sued by Mr. Byrnes.