United States v. Coolidge
U.S. Circuit Court for the District of Massachusetts
This was an indictment, found at the May term, 1813, for shipping on board of a vessel, called the Moronda, fifty barrels of rye flour, with intent to transport the same to Halifax, during the war, contrary to the second section of the act of 6th of July, 1812, c. 129 [2 Stat. 779]. In the course of the trial, William R. Lee, Jr. who was called as á witness on the part of the government, declined taking the oath usually administered to witnesses, but offeied to affirm.
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This was an indictment, found at the May term, 1813, for shipping on board of a vessel, called the Moronda, fifty barrels of rye flour, with intent to transport the same to Halifax, during the war, contrary to the second section of the act of 6th of July, 1812, c. 129 [2 Stat. 779]. In the course of the trial, William R. Lee, Jr. who was called as á witness on the part of the government, declined taking the oath usually administered to witnesses, but offeied to affirm. When questioned by the court, he stated, that though he was not one of the religious sect usually called Quakers, yet he had…
1Opinion of the Court
STORY, Circuit Justice.
—The question is simply this: A party is on trial before a jury, and a circumstance occurs, which will occasion a total failure of justice if the trial proceed; have the court, in such an emergency, power to withdraw a juror'? It has been stated from the bar that, in capital cases, the court have not this power; but in a case in Foster’s Crown Law, and in several •other cases, it has been held, that they have. In misdemeanors, there is certainly a larger discretion, and until the cases just mentioned, capital trials were generally supposed to be excepted. It is now…
2Cited by87 opinions
- Downum v. United StatesSupreme Court of the United States · 1963
- Commonwealth v. ShafferSupreme Court of Pennsylvania · 1972
- People v. . GlenNew York Court of Appeals · 1903
- Himmelfarb v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Walck v. EdmondsonCourt of Appeals for the Tenth Circuit · 2007
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