Page:United States Statutes at Large Volume 31.djvu/1391

FIFTY-SIXTH CONGRESS. SEss. II. Ch. 854. 1901. 1339 not known to or suspected by the defendant or his counsel before the juror was sworn. · Sec. 920. Wrrnnssns ron DEFENSE.-IH any criminal trial the jus- anlQ’*°¤€¤¤ *0* d¢f¤¤d· tice trying the case may allow such number of witnesses on behalf of ` the defendant as may appear to be necessary, the,fees of such witnesses to be paid in the same manner as the fees of the witnesses for the Government: Prewided, That the defendant makesapplication under oath of to ny before the trial, or, in cases of manifest necessity, during the trial, set- fees, em.P ting forth that he is notssessed of sufficient means and is actually unable to` pay the fees ofxsuch witnesses, and setting forth also the names of such witnesses and what he expects to prove by them, in order that the court may be advised whether or not the testimony be material to the issue. · " Sec. 921. Drscuanenve imrmnnaivcrs nunme TRIAL.—WhGH two or a,}§gQ;,§g§,§$f?“°‘ more persons are jointly indicted the court may, before a defendant has gone into his defense, direct an such defendant to be discharged, that he may be a witness for the lllnited States. An accused party may also, when there is not sufficient evidence to put him upon his defense, be discharged by the court, or, if not discharged by the court, shall be entitled to the immediate verdict of the jury for the purpose of giving evidence for the other parties accused with him; and such order of discharge, in either case, equally with the verdict of acquittal, shall be a bar to another prosecution for the same offense. Sec. 922. DEPOSITIONS.—If a material witness for the defendant D°P°S“*°”¤· resides more than a hundred miles from the city of Washington, or is sick or infirm, or about to leave the District, the defendant may apply in writing to the court for a commission to examine such witness upon interrogatories thereto annexed when the deposition is to be taken beyond the District of Columbia, and orally in other cases, and the court may grant the same and pass an order stating for what length of time notice shall be given to the district attorney before said wit- . ness shall be examined. At or before the time fixed in said notice, dg’°”‘*“*°"°g““* when the examination is upon written interrogatories, the district ` attorney may file cross—interrogatories; but if he fail to do so the clerk shall file the following: . First. Are all your statements in the foregoing answers made from your own personal knowledge? And if not,`show what is stated upon information and give its source. Second. State everything you know in addition to what is stated in your above answers concerning this case favorable to either the United States or the defendant. _ _ For good cause shown the court may order in any case that the °"“l""*““‘“’“‘°“· examination be conducted orally. Sec. 923. The commission shall issue from the clerk’s office, the ,,S1;f,°§§’g‘f§`,?,,Ql],f’,,S,i§,'j’° examination of the witnesses shall be made and certified, and the return thereof made in the same manner as in civil cases, and unimportant irregularities or errors in the proceedings under said commission shall not cause the deposition to be excluded where no substantial prejudice can be wrought to the Government by such irregularities or errors. Sec. 924. SEN:rENc1:.——If a new trial besnot granted nor the judg— S°`“’f“°°· ment arrested the court may pronounce sentence upon the party convicted; but the execution of such sentence shall be postponed for a sufficient time to enable the defendant to prosecute an appeal, on the application of the defendant, if he shall give notice of his intention to appeal from the judgment to the court of appeals. _ · _ Sec. 925. Whenever the punishment shall be imprisonment for more ¤,§§§‘,j‘§}j““r*’i dw? than one year, it shall be sufficient for the court to sentence the defendant to imprisonment in the penitentiary without specifying the