
    Park’s Administrator v. Willis.
    The Court Trill not permit a deposition taken, de bene esse, to he read in evidence, if the witness resides within one hundred miles of the place of trial, although his residence is out of the District of Columbia.
    A deposition taken and filed by the defendant, may be read in evidence by the plaintiff, upon proof that the witness is beyond the jurisdiction of the Court.
    Special action on the case — plea, not guilty.
    On the trial, the defendant objected to the reading of a deposition, because it did not appear that the witness might not attend personally. The residence of the witness was agreed to be at Fredericksburg, fifty miles only from Alexandria. No subpoena had been issued for him.
   The Court

refused to permit the deposition to be read. (See Voss v. Luke, July term, 1806, [ante, 331]; Woods & Bemis v. Young, July term, 1806, [ante, 346,] and Lewis v. Mandeville, [post, 360.]

The plaintiff then offered to read a deposition of John Hand, taken by the defendant, and filed in the cause, after having proved that Hand sailed for Philadelphia about three weeks ago, and had not returned. No subpoena had been issued for him.

The Court permitted it to be read.  