United States v. Caldwell
U.S. Circuit Court for the District of Pennsylvania
This- was an indictment for a misdemeanor committed in Northumberland county, in which a subpoena had issued, on the part of the defendant, to summon Samuel M’Clay, Esq., and John M’Pherson. Esq., associate judges of the county courts of Northumber-land, to appear in the circuit court as witnesses on the 4th of May. The subpcena was served on Mr. M’Clay on the 28th of April, and on Mr. M’Pherson the next day.
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This- was an indictment for a misdemeanor committed in Northumberland county, in which a subpoena had issued, on the part of the defendant, to summon Samuel M’Clay, Esq., and John M’Pherson. Esq., associate judges of the county courts of Northumber-land, to appear in the circuit court as witnesses on the 4th of May. The subpcena was served on Mr. M’Clay on the 28th of April, and on Mr. M’Pherson the next day. E. Tilghman now produced an affidavit, “that they were material witnesses, without the benefit of whose testimony, the defendant apprehended and believed he could not safely proceed to…
1Opinion of the Court
BY THE COURT:—We have no hesitation in granting the indulgence of a delay for a few days. The cause may, therefore, be continued till this day week; and, in the meantime, let the attachment issue; but it can only be in the case, in which the subpoena has been actually served. The practice must always be strict in the previous stages of the business, before an attachment can be awarded; and all the documents upon which it is awarded, must be filed with the court.
PATERSON, Circuit Justice:—We pay no respect to persons. The law operates equally upon all; the high and low, the rich and poor. If…
2Cited by1 opinion
- United States v. CaldwellSupreme Court of the United States · 1795