United States v. Henry
U.S. Circuit Court for the District of Pennsylvania
The defendant was indicted, in the first count, for endeavoring to make a revolt; in the second count, for confining the captain. Black and two others were separately indicted for the same offences, committed at the same time. The defendant offered to examine Black and the others, and the question as to their competency was submitted to the court by the counsel for and against the prosecution.
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The defendant was indicted, in the first count, for endeavoring to make a revolt; in the second count, for confining the captain. Black and two others were separately indicted for the same offences, committed at the same time. The defendant offered to examine Black and the others, and the question as to their competency was submitted to the court by the counsel for and against the prosecution. The court admitted the evidence, leaving the credibility of the witnesses to the consideration of the jury. See 1 Chit. Cr. Law, 493. who cites 2 Hale, P. C. 281; 1 Hale, P. C. 305; Post. 247; 2 Camp.…
1Opinion of the Court
WASHINGTON. Circuit Justice,
charged the jury that, upon this indictment there were two questions: 1. Was the captain confined at all? 2. Was he confined by Henry? That the first question depended upon the credit which they might give to the witnesses for the prosecution, and 1o those for the defendant. If they believed the former rather than the latter, the fact of confinement was fully made out; if otherwise, it was not, as it did not then appear but that the captain was at liberty, at any moment, to extricate himself from Black, if such had been his wish. The offence does not consist in the…
2Cited by4 opinions
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