Open main menu

Page:United States Reports, Volume 2.djvu/351

This page needs to be proofread.


'Cmcurr Cover, Peemjylwnie Dilériit. 34; concluded; but fo much time was eonfumed in this previous 1795. hulinefs, that the gstgllges declared they could not longer protraét •.yv<.s the litting -of the rt,on account of other Circuits, and, there- fore directed cafes of Sleitudrt 8: i{’riglvt to be continued, generally ’till the next term. lt appeared, however, that on the preceding day, Lewie had informed the dttorueyjir the Dylriét, that he would proceed to trial in the cafe of Stewart with the tellimony already in his pofellion, though he expc&ed other witnefles; and, on this ground, asthe Court was about to break ·up, he moved, that Stewart lhould be admitted to bail. _ But, ur me Count :-It was Stmarfe own fault, not the fault of the ptofecutor, that the trial was poltponed. He has Y now the fame witnelfes, that he had at the time of the poltpone- ment; but -thc judges cannot, conliltently with their other du— ties, enteron the trial. It is true, that we_have eltablilhed it as a principle, that no laelner lhould he imputed to the prifoner, for taking time to l`end into the counties where the witnelles for the prcfeeution relide, afterhe has received notice of their names; but that is not the cafe at prerht. Stewart has no claim upon the legal difcretion of the“Cdurt; and, indeed,the circumltances mult be very ltrong, which will,.at any time, induce ‘us to ad- mit a perfon to bail, who ltands charged with High·Treal`on. . The Uurrun Starts uevfut PORTER. _ NDICTMENT for high treafon, conrrnitted in the county of Allegheny in the Mate of Pemg/ylvauia, by leiying wat ` againll: the United State:. After a long examination of wiuref~ les it was difcovered, that the defendant, though he was at Cauebe': Fart, had taken no part in the infurretlion, that, in fa€t, he was not the periim, liable to the charge, but another perfon of the fame name g and, thereupon, the jury, by direc- tion of the Court, found a verdiét of Nat Guilty. ·_ The only occurrence, therefore, which it is material to no- · tice on this trial, was the following. There were two of the Petty Jury, {Thomas Conte: and William Callndy) who being called, and not challenged, allcdged licknefs in excufe for not ferving, and they were, for the prefent, fet apart: But the whole pannel having been eventually drawn out of the balloting box, without furnifhing twelve names unchallenged, and thofe jurors perfevering in their excufe, the counfel for the prifoner retra&--- ed his challenge of another juror, who was, thereupon, quell- · lied by order of the Court. ` " Xx The