Stevens

At the trial, the prosecution produced certain papers which were found in tie street, the contents of which it was claimed tended to inculpate the defendant, and called a witness to identify the papers and to prove the circumstances under which they were found. The papers were handed to the witness, who identified them as the same which were found in the street; but they were not then read to the Jury, or offered in evidence. When the counsel for the defendant came to cross-examine the witness, he demanded an inspection of the papers, alleging that he could not properly conduct the cross-examination unless he had an opportunity to inspect them. But the Court refused to compel the prosecution to produce the papers for inspection, and thereupon the counsel for the defendant declined to cross-examine the witness. Subsequently, experts were called by the prosecution to prove by a comparison of handwritings that the papers were written by the defendant, and their evidence tended to prove that fact. It appears from the bill of exceptions that the papers “were not read to the Jury, nor was defendant’s attorney allowed an inspection of them until the District Attorney opened his argument…