United States v. Frink
U.S. Circuit Court for the District of Connecticut
THIS was an indictment similar to the one stated in the preceding case. Peleg Palmer, of Stonnington, a witness in support of the indictment, was summoned last September, and his fees tendered. He now refused to attend. The District-Attorney moved for a delay of the cause in order to afford time for a capias.
1Opinion of the CourtLivingston, J.
said the trial must go on; and the party might apply for an attachment, or bring an action for damages. Such was the rule in England, and in JVew-York.
The District-Attorney stated that it was usual in Connecticut to delay a cause to afford time to bring in a witness.
Edwards, J.
coming in, at this time, it was ruled by The Court, after a short consultation, that the trial must proceed, unless the District-Attorney would make affidavit that he could not, in his opinion, safely try the cause, without the attendance of Palmer. More witnesses are usually summoned than are necessary; and it would be…
2Cited by1 opinion
- Price v. PeopleIllinois Supreme Court · 1890