3/22/2023 0 Comments Insurgency usa![]() ![]() ![]() Whether the motion is not too late for, as 'the indictment ought to be considered as inseparably incident to the trial, and in truth a part of it' (Fost. Whether the indictments found at this Court, can be transfferred to a special Court?* And 2nd. On the question of practicability, two difficulties occur: 1st. The next step, therefore, was to bind the offenders over to this Court, having complete jurisdiction of the case and, now, the only questions are, whether it is practicable to refer the trials to the counties, respectively, in which the offences were committed? And, if practicable, whether it can be done without great inconvenience? A trial in the proper County might have been ordered, when the offences were committed but no candid man will say, that, at that time, such an order would have been justifiable. The truth is, that the act gives to the Court a legal discretion upon the subject. At all events, any criticism upon the word nearer ( considering the whole State as a District, or County, in relation to the United States) would not prevent our appointing a special Court in the proper county, if such an appointment was, otherwise, eligible. ![]() Swift's edit.) empowers the Judges to 'direct a special sessions of the Circuit Court to be holden for the trial of criminal cases, at any convenient place within the District, nearer to the place where the offences may be said to be committed, than the place, or places, appointed by law for the ordinary sessions ' but this provision does not expressly discriminate between cases of a capital, and of an inferior, nature and a provision having been previously made for capital cases, it would be justifiable to apply this to The act of Congress, passed the 2nd of March 1793, (2 Vol. ![]() The mere circumstance of delay, in trials of so much expectation and importance, though entitled to some consideration, would not be sufficient of itself to prevent a compliance with the present application: And, we think, that the 12th section of the Judicial act ought to be so construed, as to vest in the Judges a power of holding a special Court, in the proper County, if in other respects they do not deem it greatly inconvenient. And, after argument, The Court delivered an opinion to the following effect:īy the Court. 67 Swift's edit.) 'That in cases punishable with death, the trial shall be had in the county where the offence was committed, or where that cannot be done without great inconvenience, twelve petit Jurors at least shall be summoned from thence.' The motion was opposed by Rawle, (the Attorney of the district) and Sitgreaves. Several indictments were found against persons charged with High Treason, by levying war against the United States, in the counties of Northampton and Bucks, in the state of Pennsylvania and the prisoners having pleaded 'Not Guilty,' Lewis and Dallas, their counsel, filed a suggestion, that all the offences were charged to have been committed either in Northampton or Bucks, and moved for a trial of each indictment in the proper county, on the provision contained in the 29th section of the Judicial act: (1 Vol. ![]()
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