Oyer and Terminer &c. at Philadelphia:
September Seſſions, 1778.
| Before | M’Kean, Chief Juſtice. |
| Atlee and Evans, Juſtices. |
Respublica verſus Molder et al.
After full argument by Wilſon, Roſs and Lewis, counſel for Joſhua Molder and John Taylor, indicted for treaſon, and of the Attorney General and Reed in behalf of this Commonwealth:
It is ruled by the Court, That every perſon accuſed, or indicted of High Treaſon, ſhall have a copy of the whole indictment (but not the names of the witneſſes) a reaſonable time, not leſs than one day before the trial; his attorney, counſel, or agent requiring the ſame, and paying reaſonable fees therefore: And ſhall alſo be furniſhed with a copy of the pannel of the jurors who are to try him, duty returned by the Sheriff, and delivered to him, or his counſel, a reaſonable time, not leſs than one day, before his trial.
Respublica verſus Malin.
Indictment for High Treaſon.—The priſoner, miſtaking a corps of American troops for Britiſh, went over to them. And now the Attorney General offered evidence of words ſpoken by the Defendant, to prove this miſtake, and his real intention of joining and adhering to the enemy.
This was oppoſed by the counſel for the Defendant, who contended, that as words did not amount to treaſon, no general evi-
dence
