into office. I was once called to court in
Cambridge to testify about his character, and he called upon me to ask
what I had against him. He is a well-known man. He became known on
account of having been brought up for adultery. I could name people whom
I have heard speak of him. I have heard Martha Adams speak of him; she
lived with him when he kept the Cape Ann Cottage, which was mysteriously
burned down, and the insurance recovered. I might name others, but I
don't think I am bound to mention them. Mr. Byrnes knows who they are.
_Derastus Clapp_, Constable.--Have known Mr. Byrnes five or six years;
have not heard his character for truth called in question these two
years; have not heard it discussed within that period. He has kept in
this city during this time.
_The Commissioner._--I think you cannot ask about reputation two years
ago.
_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 a
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