But M`KEAN, Chief Justice, delivered the opinion of the Court, that the evidence was inadmissible, for two reasons:
First, Because it would only amount to matter of opinion, whereas it is on facts the Court must proceed; and the necessary facts are already in proof. Secondly; Because it would be no justification; for, on the same principle that the defendant might carry his wharf 12 feet, he could justify extending it farther; or any other man might excuse a similar...
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