Page:United States Reports, Volume 1.djvu/338

Rh 

1788.

injurious confequences might then be juftly imputed to the court, for refufing to exercife their legal powers in preventing them.

For thefe reafons we have no doubt of the competency of our gujurifdiction; and we think, that juftice and propriety call upon us to proceed by attachment.

BRYAN,Juʃtice, obferved, that he did not mean to give an opinion as to the mode of proceeding ; but added, that he had always entertained a doubt with refpect to the legality of the procefs by attachment, in fuch cafes, under the conftitution of Pennʃylvania.

M‘KEAN, C.J. Will the defendant enter into a recognizance to anfwer interrogatories, or will be anfwer gratis?

Oʃwald, I will not anfwer interrogatories. Le the attachment iffue.

M‘KEAN, C.J. His counfel had better advife him to confider of it.

Sergeant faid that the defendant had not had time, even to perufe what had been fworn againft him ; for only Sunday  had intervened fince the obtaining the rule to fhew caufe, and that was an improper day for applying to the  records of the court.

M‘KEAN, C.J. In criminal matters Sunday has always been deemed a legal day. There has been as ample time for confideration as could be allowed ; the term will end to-morrow. Will he anfwer, or not?

Sergeant prayed the court would grant ‘till to-morow morning to form a determination on the fubject, and offered bail for the defendant's appearance at that time.

M‘KEAN, C.J. Be it fo. Let the bail be taken, himfelf in Ł.200, and one furety in the like fum, for his appearance to-morrow morning.

The Defendant appearing on the 15th of July, in difcharge of his recognizance ; the CHIEF JUSTICE again afked, whether he would anfwer interrogatories or not?

Bankʃon, for the defendant, requefted, that the interrogatories might be reduced to writing before he was called upon to determine

M‘KEAN, C.J. Is that your advice to him? He muft now fay whether he will anfwer them or not; they will be filed according to the ufage of the court, and all juft exceptions to them will be allowed.

Banʃon. He inftructs me to declare that he will not anfwer interrogatories ; and he then began to urge, that there was no contempt committed, but was told by the CHIEF JUSTICE, that, as that At this period of the caufe, I am informed by a gentleman of great learning and accuracy, that the court called for the fheriff in order to commit the defendant; but the tranfition from that idea to the advice which fell from the bench, muft have been fo inftantaneous, that, if I heard that call, I prefume I did not confider it as a part of the proceedings, and therefore omitted it in my notes. If it is of any importance, I am happy in the opportunity of fupplying this defect.