Hewlett v. Henderson

The defendant and appellant complains that the first judge incorrectly refused him a continuance.

The first time that the cause was called for trial, it was continued, on the defendant’s affidavit that a material witness of his, a resident of New-Orleans, was absent on a trip to Mobile, having left New-Orleans a few days before the trial, without the knowledge of the defendant, who stated the fact expected to be proven. At the next court a second continuance was asked, on an affidavit that a commission had been sent to Mobile to take the deposition of the witness, who remained there, but that…