Page:United States Reports, Volume 2.djvu/350

 344 Casas ruled and adjudged in the t795. witnelles, or the provilion would be nugatory: that opportunity srvst cannot be deemed to commence ’till he knows their names, and it cannot be deemed to be compleat, unlefs he has had time to lend for information to the places in which they relide. The Court will, therefore, exercife a diferetion as to the length of time to be allowed, in proportion to the diflance; and, confor- mably to the cafe in Fg?. r,`the time fo allowed for preparation, wig ge fiugfeqpent to iphe delivery of the copy of the indielment, an te 1 so witne es. _ Rawls (Attomey for the Diflriél) premiled, that an acquief- _ cence in the prefent motion, would, probably, put off the trial ` for the term. He urged, that the prifoners muft long ago have ltnown the nature of the charge, and the proofs necellary to their defence; and ought to have made an earlier application for plhe , aid of the (Eourt to procure their witnelfcs. Due dili ence as not been uftd, nor, indeed, is it fo {lated in the allidaéits; and it is not only necelfary to fatisfy the Court. that the witnefles are material; but alfo that the party applying has been guilty of no Iarber, or negle&,in omittin toeap ly to them and endeavour- ing to procure their attendance.ggBur1iit 5 t 3. Ever fince the aotlt April, there has been an opportunity to make this motion; which was not the cafe in Fg/l. r, as that arofe before a Special Court, afling under a fpecial commillion, for fpecial purpofes. _ Nor can there be a ju& reafon to obje& to the trial’s coming on, becaufe of thc place at which the Court is held. On the mo- tion for a Special Court, fuliicient was difclofed to ihew, that the indictments would be prefcntcd in Pbiladcqlbiag and it was a mere fpeculation afterwards to fuppofe that another place woluldibe fzyppplinferd for ge tpiialis; particglarly as all the jurors an wxtne es a· .een a ua ummone. BY THE Coutrr :—'1`he on]; argument of weight in fupport of the prefent motion, is ghat which relates to the period of fur- ` niihin the rifoners wit the names of the witneiles; but it is, of itfesff, cotijclulivez for, unlefs an opportunity were afterwards given to invefligate the charaélers, and trace the contlufl of the witnelies, it would be nugatory and delulive to furnilh the lift of their names. The a£t directs notice to he given; this mult ` be ipltended for the purpofe alluded to, and, for the attainment of at u o e, time is, undoubtedl, neceffa. It mulitfliherefore, be eonlidcrcdyas a ruleriin this cafe, and in all other cafes cf a limilar nature, that a reafonable time {hall be allowed, after a lifi: of the names of the u itnelles is furnifhed to the pril`oners,1fol:the purpofe of bringing tellimony from the counties in whic 1 t ofe witnellés live. '1`he trials of Stewart 8: W right were, accordingly, pollponcd; and it was then atrreed that they fhould not be brought on ’till the trial of the other prihmers, who were ready for trial, wa: ' concluded;

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