Mr. Dallas acquiesces in the decision of the court, Franklin resumes his argument, and reads governor The act of Pennsylvania relating to its claim, and authorizing the protection of cites opinions of judges and civilians on IN THE GIRCUIT COURT, OF THE UNITED STATES FOR THE DISTRICT OF PENNSYLVANIA, PRESENT WASHINGTON AND PETERS, Judges. THE U. S. versus M. BRIGHT, et al This cause was managed on the part of the United States,. by Alexander F. Dallas, Esq. District Attorney; and on the part of the defendants by Walter Franklin, Esq. Attorney General of Pennsylvania and Jared Ingersoll, Esq. who had been retained by the Commonwealth to assist in the defence. On Wednesday the 26th April 1809, Mr. Ingersoll, for himself and Mr. Franklin, prayed that the cause might be continued until Friday next; some opposition on the part of the United States was made by Mr. Dallas, grounded on a supposition, that the request was intended to procrastinate the trial of the cause to the next term; but on being assured by Mr. Ingersoll that nothing of that kind was intended, the Court ordered the cause for trial peremptorily on Friday next at 10 o'clock. On Friday the 28th of April at past 10 o'clock. The names of the defendants were called over but none of them answered. Mr. Dallas stated to the Court, that he thought the defendants ought to appear and answer in person to the bill of indictment, and be present also at the time the verdict of the jury was given in. He therefore was inclined to delay the cause a few minutes under the indulgence of the Court, the attorney general of Pennsylvania having assured him, that the parties would be here in a short time, as he had sent a messenger to the house of one of them who would punctually attend. Mr. Franklin would have mentioned to General Bright if he had thought it important that he should appear at the hour the Court met, but conceiving that the trial might pro ceed in his absence he had not done so before; but find ing a difficulty was likely to arise he had sent for him, and no doubt but the General v ould attend the moment he found it was required by the attorney of the district. ་་ Peters, J. The defendants are bound in a recognizance to appear and not depart the Court without licence; but I do not want to hurry on this trial; I am content for my own part to wait still longer on this business, though God knows it has been so long before me that I am tired of it. Mr. Dallas did not wish to press any thing on the defendants, but what the law required. He had been informed, that Mr. Bright was out on duty, and might not easily be found. Mr. Franklin said that he had sent for Gen. Bright, and one of the defendants had engaged to collect the others together. He had not yet heard from him. Peters, J. You had better send down along the wharves, where in all probability Gen. Bright will be found, as he is inspector of flour for this port. Mr. Dallas. You may have the assistance of one or two of the Marshal's men as messengers to go in search of him. Mr. Franklin asked the Marshal to send a person for him on that occasion. After waiting some time, Mr. Dallas observed that as this is a case of the highest importance not only to the United States, but to the State of Pennsylvania, and to the defendants, he had wished to obtain the personal attendance, of Gen. Bright and his companions. It was indeed, incumbent on them to appear, but there seemed to have been some misapprehension on this point between the attorney general of Pennsylvania, and his clients; to which Mr. Dallas said, he could not have contributed, in any degree, as he was certain that his opinion had not been asked upon the subject. It was sufficient, however, that the absence of the defendants arose from mere mistake, to induce him to ask the indulgence of the Court, for the time necessary to procure their attendance. Mr. Franklin. I am so confident that Gen. Bright will appear the moment that he is informed it is required, that I will answer for him upon my own responsibility. Mr. Dallas. The attorney general of the Commonwealth having assured me, that there is no disrespect or contumaintended on the part of the defendants, but, on the contrary, that they are disposed to pay every respect and deferrence to the Court; andfinding that there has been a préce cy dent set by one of my predecessors of going to trial, in a simi lar case of misdemeanor, without che personal attendance of the party charged, I am content to proceed in the cause in the absence of the defendants. The measure has not, however, altogether my approbation; but I yield to the peculiar circumstances of the case; and to an apprehension, that the near approach of the termination of the session, will render it inconvenient to the Court to delay the trial any longer. General Bright came into Court while the pannell of the jury was calling over. The following persons were severally sworn or affirmed to try the cause, 1 Benjamin Thaw, 6 Charles Barrington, 7 Thomas Algeo, Mr. Caldwell, Clerk of Court, then read the indictment, which is in the following words, In the circuit court of the United States of America, of the third circuit, holden at Philadelphia, in and for the district of Pennsylvania, at April sessions, in the year of our Lord one thousand eight hundred and nine. Pennsylvania District, ss. THE grand inquest of the United States of America, enquiring for the body of the district of Pennsylvania, upon their respective oaths and affirmations, do present, that here-tofore, to wit, on the twenty-fourth day of March, in the year of our Lord one thousand eight hundred and nine, a certain judicial writ of arrest directed to the marshal of the said district of Pennsylvania, was duly awarded and issued by and out of the district court of the United Statesin and for the said district of Pennsylvania. in a certain cause, civil and maritime, between Gideon Olmstead, Artimus White, Aquila Rumsdalé, and David Clarke, libellants, and Elizabeth Sergeant and Esther Waters, surviving executrices of David Rittenhouse, Esquire, deceased, respondents; which said judicial writ of arrest was duly delivered to John Smith, Esquire, an officer of the said United States, to wit, marshal of the said district of Pennsylvania, at Philadelphia, in the district aforesaid, on the said twenty-fourth day of March, in the year aforesaid, and was of the purport and effect following, that is to say, SEAL. Richard Peters, judge of the district Court of the United States, in and for the district of Pennsylvania, to the marshal of the same district, greeting. Whereas heretofore, to wit, on the fourteenth day of January, in the year of our Lord one thousand eight hundred and three, it was adjudged, ordered, and decreed, in a certain cause, civil and maritime, then depending in this court, between Gideon Olmstead, Artimus White, Aquila Rumsdale, and David Clarke, libellants, and Elizabeth Sergeant and Esther Waters, surviving executrices of David Rittenhouse, Esquire, deceased, respondents; that the certificates in the libel in the said cause filed mentioned, should be transferred and delivered, and the interest monies paid over by the said respondents to the said libellants, in execution of the judgment and decree of the Court of appeals, as stated in the proceedings of the said cause, with costs: provided, however, that the bond of indemnity should be cancelled or delivered to the said respondents, on their compliance with the said decree. Therefore you are hereby commanded, in the name and by the authority of the United States, that you forthwith attach and arrest the bodies of the said respondents, Elizabeth Sergeant and Esther Waters, and them so attached and arrested, to keep and detain under safe and secure arrest, until they shall in all things comply with and perform the final sentence or decree pronounced in this cause, on the said fourteenth day of January, in the year of our Lord one thousand eight hundred and three. Given under my hand and the seal of the district court at Philadelphia, this twenty-fourth day of March, A. D. ́ 1809, and in the thirty-third year of the independence of the said United States. D. Caldwell, Glk. Dist. Ct. RICHARD PETERS. And the grand inquest aforesaid do further present, that the said judicial writ of arrest being duly awarded, issued, and delivered, as aforesaid, afterwards, to wit, on the twen ty-fifth day of March, in the year aforesaid, at Philadelphia |