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Page:United States Reports, Volume 2.djvu/348

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342 Cases ruled and adjudged in the P;95. ber of jurors to be fummoned, on a conlideration of all the cir-

  • ’VV cnmllances under which the vmire is itlired. There are inflata-

ces, indeed, where five juries have been fummoned upon a trial for High T reafon, in order that,after the allowance of the legal challenges, a competent number might llill be enfured. In the prelent inllance, the precept requires the Marlhall to retum at leall 48 jurors; and he has not, in my opinion, been guilty of any excele, inthe cxercife of that difcrerion for returning a greater number, with which he is lc ally invelled. Neither is the mode of making his retum jullly exception- able. As the a€t of Congrefs direfis that I2 jurors {hall be fummoned from tire County, in — hich the ollience was commit- ted, lcannot conceive any more propcr, or more legal, way of proceeding, than by ilfuing a wnir: in each cafe; and then there mult, of courfe, be a feparate pzmnel returned, in confor- mity to every writ. Thus, liltewife, the aft of Congrefs and the State aft have been reconciled, and both put into operation; I2 jurors being returned in purfuanec of the former, and 60 jurors being returned in purfuance of the latter, law. ` With relpeét to the objeftion, that a copy of the caption of rhe indiélmcnt has not been furnilhcd to the prifoners, it may be obferved, that, although the practice of Penn/jieania has been rlilierent, yet, the caption and the indictment feem naturally to lorm but one inllrument; and copies of both fhould, therefore, be delivered under the provilions of the aft of Congrefs. There can be little iaconveniency in adopting this rule; and it is cal- culated to avoid much dilliculty and cuntroverfy. The objeélion, that the place of abode of the jurors and wit- nelles, has not been fuliiciently tlelignated, in the lilts furnifhed to the prrfoncrs, is, likewife, in our opinion, a valid one. The object of the law was to enable the party accnted to prepare for his defence, and to identify the jurors who were to try, and the witnelles who were to prove, the indiélment againflz him. It is contmry to the fpirit and intent of fuelt a proviiion, that the whole range of the State, or of a County, {hould be allowed, as rlefcriptive of a place of abode; and it is the duty of the Judges fo to mould the praéice and conliruflion of ltatutes, as to ren- der them reafonable and juft. `With regard to the place, there- fora, we think the townthips in which the jurors and witnelles refpedlively refide, fhould be fpecilied; but the aft of Ccngrete does not require a fpceiiication of their occupations, and the niceties of the State aft, are not, in that rtl'pec`t,- incorporated into the Federal fyllem. - In eonfequence of this deeilion, the trials were fufpcnded, in order to give the Attorney of the Dillriél the three days required by the ze`: ofC¤:1;;r::fs, for delivering to the pritimers, amended evpicta of the caption and indiément, and of the liils of jurors and witnelliss. The