State v. Tebbetts
Supreme Court of New Hampshire
This was a motion for a capias to issue against George H. Tebbetts. On or before the first day of the March term, 1873, Amos O. Dow applied to the solicitor for process to summon witnesses before the grand jury in liquor cases, and the solicitor gave him four blank writs of summons, signed by the clerk of this court, with this on the back, “By order of John W. Currier, solicitor.”
Read the full summary
This was a motion for a capias to issue against George H. Tebbetts. On or before the first day of the March term, 1873, Amos O. Dow applied to the solicitor for process to summon witnesses before the grand jury in liquor cases, and the solicitor gave him four blank writs of summons, signed by the clerk of this court, with this on the back, “By order of John W. Currier, solicitor.” Nothing was said as to the term of court for which they were to be used, but the solicitor understood they were to be used to bring witnesses before the grand jury at the March term, 1873, and not at any subsequent…
1Opinion of the CourtSargent, C. J.
The practice has long been in this state for the attorney-general,or solicitor, to send out subpoenas for witnesses in state cases, or for witnesses to go before the grand jury to testify in matters to be there presented : and where the subpoena was thus sent out and endorsed by either of these officers, it has been held sufficient to compel the attendance of witnesses without their fees being paid or tendered to the witness in advance. When a summons was thus endorsed, it was understood as giving the witness thus summoned a lien upon the county for his fees, in any event, so that there was…
2Cited by1 opinion
- State v. A. B. C.Supreme Court of New Hampshire · 1895