The decifion at the circuit was right. Whenever a party has had an opportunity to examine a tranfient witnefs, and has fuffered it to pafs by, the want of his tefti-mony is no objeition to going to trial. In Pojl v. Wright, and Buchan,* the abfence of counfel was urged as an excufe, but' the court refufed to admit it, ‘and we think all excufes of that fort ought to be difcountenanqed.
1 Vol. 111.