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Page:United States Reports, Volume 2.djvu/93

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Snrunn Connr or Pupjhuaiai 87 ’ orfrom any otherhind of proof, that will ferve toconvince the gylri . Grand jury ; and although it declares that there {hall be two wit- gy`; ndl'•steeomi&thedefendmronbi• trial, it doesnotfpecify, ‘ that they ihallbewitnefes toanovert ad, or anyotherpar-` ticuiarmamer. Again: TheliatnreofHC g.providesforthe _ cafeofaoonfelhon •• i•iopn•C•urt;” whereas the a& ofAE=mblyufesnofnehwords. ’ Certain it is, that eonlideredablirtnfledly at common law, theeonfeliion of the partywouldbe fuihcienrproof to eonviét him. But, upon the whole, wedechircgivinganopinionatrlnis time, whether, taking into view the acl: of Affembly, the con- feflion, two witnefI'es,can have fuchconcluliveforee. We do not heiitate, however, to receive it in eormboration of

 rnaybeaddneedin fupportof tbepro-

tron. The evidence and argumentsof Oounfei being concluded, the Chief ]uftieedeliveredthefollowingchargetotbe]ury._ M•Ksnv, C. ].-The crime imputed to the defendant by dlillliialltllt, is thatof waqbyjoiningthearmies of the Gra¢ Britain. {ting, or procuring any perfon robe ' inrbefervieeoftbeene:n,irclearlyana&of treafon. Bythe def¤tdant’s ownoonfeilion it appears, thatbe aétuallyeuiiltedinaoorps no the enemy 5 but, it alfoappears,thathehad prerioullybeen taken them, and eonrliued at He remained, however, with thc troops forten or eleven months, during which he eafilyhare aceomplilhed his cfcape 5 and it mufl: be remembered, that, in tbeeye of the law, nothing will exeufe the aélof an enemy, but the fear ofimmediatedeath; not the fear of any inferior perfonal injury, nor the a ¤ heniion of any oirtrqge upon property. Bur had the dcfeux: enliited merely from the fear of familhing, and with a fincere in- tention to make his cfcape, the fear eould not furel always eon- tinuzlnor could his intention remain unexecuted liar fo long` a pen . In theprefentinilance, the confeilion ofthe defendant was not takenin writingand fubfcribed : Butthc {tatute of nfl. and 2d. ‘ Pbilipif Mary,¢·. ro. is in force inPnm_[yl·vania; and, asin com- mon cafes it is fuiiieicnt for the purpofes of evidence, if a man i`ub· fcribes his examination before a Magiftrate, fo in the cafe of a treafon, a confellion reduced to writing and fubfcribed before a juliice and another witnefs, would be fuilicient grounds for a conviction under our act of Aifembly, or even under the {ia- tute of FK 3. At the time of W`illiam’.r landing in England, garner (till maintaineda {hong party; of whom fome were to found in the How gf Lordr, and fom: in the Hoag/Z• of Com- ogow. The ihtutc was, probably therefore, framed, fo as to ls; mo