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Page:United States Reports, Volume 2.djvu/340

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gg; Casts ruled and adjudged in the 1 1795. wimelfes on the 4!llt7f Ma;. The jidpaena was ferved on Mr. www 1l·I*CIa; on the 28th of dpriL and on Mr. M•Pb¢:#n the next day. E. Yigbnmn now produced an allidavit, “ that they were material witnelfes, without the benclit of whole teltinaony, the defendant apprehended and believed he could not fafely pro- ceed to trial ;" and moved for a pollponement, not only in this cafe, but, alfo, in cafes of /lI¤ntgomt·r_v, Lang and Sm-Lman; in which, to fave expence, no jiabjmiu had lllhetl, though the fame perfons were material witnclfes for the refpeétive defen- danzs. R.1·w!:, the Dillriél: Attorney, objected, that from the 4th of Ilfqv, when the fubpmm was returnable, a fullicient time had elapfed to have brought the witnelfes to Pbiladeyebzir upon an at- - tachment ; but he confented to conlider thefubpzmz as having if- fued in all the caufes. There was no legal necellity for the wit- nelles, merely becaufc they were County judges, to attend the AQG Priu: of the Supreme Court, which is alledged iu excufe for their abfence; and as this is not a capital cafe, the applica- tion for delay is not entitled to be treated with any peculiar in- dulgence. E. 5l’i'{gLm:rn replied, that the jiépzna had been fervcd in a _real`onahle time; and, although no attachment had been movcd for, it is fame excufe for the defendant, that he expeéted the trials for treafon would. £rll:_ come on ; and for the witne%s, that their ollicial lituation feemed to prefcribe a refpeétful attention to the judges of the Supreme Court, who were then holding a Court of NM Prim, in the County of N'srtl>umb:r!mzA' But after the oath which the defendant has taken, the Court will not prefume, that his application for delay is without juli caufe; and if there is juli caufc, they will not compel him to proceed toa trial, under fuch diliidvantages. Belides, it is not delired, to pat oll·` the trial’till the next Term, but only for a few days, that an cxprefs may be {ent for the witnelles; as with the be- nelit of their tcitimony it is immaterial to the defendant when he {hall be tried. Though, if t.he delay is limited to a few days, it will be necelfary, in order to remove all future caril, to mere for an attachment againll the wirnclfes. · Br rue Count :--We have no heiitation in granting the ` in—:ii:igencc of adclay fura few days. '1`he caufe may, there- £.r··, be continued ’ti|l this day week ; and, in the meantime, let rh: atrachnrentillhe ; but it can only be in the crib, in which rlze,/E15};-mz has been actually ferved. The praélicc mult always bo " Pnrrasozt, _7'u.r:ice :··-Wl/c pay no relpeft to perfons : The law opcrazcsequally upon all ; the high and low, the rich and poor. It we ill`ue,i¢na to a Jullice or a Judge, and it is notobeyed, we llm::l:l bc rnsre llrifl in our proceedin s againll liich charaélers, than againk others, wliofe emce did nctfo irongly point out their duty.