Buckman v. Alexander

The Chief-Justice

delivered the opinion of the court:

A criminal prosecution resulted in the acquittal of defendant. Thereupon a motion was made on behalf of his witnesses, that the clerk be required to pay them their fees. The clerk, in response to the motion, says that the defendant, having refused and neglected to file an affidavit of insolvency, as required by section 4, of chapter 8702, of the laws of the State, he (the clerk) refused to pay them under instructions of the Comptroller and the opinion of Attorney-General, and that he has no money to pay witnesses except that furnished by the…