Wilder v. Baumstauck

Welles, Justice.

From the affidavits which, in many respects, are flatly contradictory, the following facts are established or may be inferred.

1. That on the 1st of September, 1847, the Defendant was in close confinement in the watch-house in the city of Bochester, awaiting his examination on a charge of having stolen the goods of the Plaintiffs, and that the proceeding against him was in the name of the people on the complaint of the Plaintiffs.

2. That the bond and warrant of attorney in this case were executed by the Defendant while so in close confinement, no one being present with *82him but…