“Upon the trial of this cause, the defendant made the following objections to the execution of a commission issued to Hayti:—1. That it appeared; from the deposition taken under this commission, and from the certificate of the persons to whom it was directed, that the deposition of the witness was not committed to writing by him under the sanction of an oath, but was written and signed by him many days before the oath was administered. 2. That the general interrogatory is not answered at all, or even noticed. 3. That the exhibits which accompanied the deposition under the same envelope which covered the commission, were not annexed to the deposition, or identified by any marks or reference, to show that they were the very exhibits referred to by the witness in his deposition.”