Shartzer v. Rutter

By the Court.

The evidence in the within case shows that Putter had commenced a criminal prosecution in court for a conspiracy ; that the plaintiff and others were subpoenaed and attended as witnesses on behalf of the prosecution. Therefore, they were witnesses for the commonwealth, and Putter, the prosecutor in that case, was not liable to them for their costs (Stein v. Zeigler, 1 W. & S. 259). He said to all of the witnesses, the plaintiff among others, “ to stop here (at court), and they should be paid for their time,” and according to the statement of Straw, “ that he would see them paid,”…