Page:United States Reports, Volume 1.djvu/84

 

HIS was an indictment againt four Italians for the murder of Captain Pickles; and, upon the arraignment of the prioners, the Court aigned Ingerol and Swift as counel for them. Thee gentlemen then challenged the array, and moved for an award of a ; but the Attorney General controverted the propriety of the motion, and it was twice argued, on the 25th and 29th of September.

The counel for the prioners urged, that the ''Stat. of Edw.'' 3. c. 13. was a beneficial law, encouraging foreigners to come into the country; that, in practice, it had been extended to Pennylvania before the revolution, and ound policy jutified its continuance. In the coure of their argument the following authorities were cited: 1 ''Pen. Laws'' 89. 28. Edw. 3. c 13. 4 Bl. Com. 352. 2 H. H. P. C. 271. 272. Dyer 304. ''Chart. of Ch.'' 2. to Penn. 2 Wils. 75. Salk. 411.

To prove the practice, Thomas Clifford, upon his olemn affirmation, tated, that in February 1764, a burglary was committed in his dwelling houe in Philadelphia; that one Brinkloe, being apprehended upon upicion, accued William Frederick Ottenreed; whereupon they were both imprioned and tried; and to the bet of the