Page:United States Reports, Volume 1.djvu/44

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OYER and TERMINER &c. at Philadelphia :


September Seſſions, 1778.


Before M'KEAN, Chief Juſtice.
ATLES and EVANS, Juſtices.




RESPUBLICA verſus MOLDER et al.


A

FTER full argument by Wilſon, Reſs and Lewis, counſed for Joſuba Molder and John Taylor, indicted for treaſon,and of the Attorney General and Reed in behalf of this Commonwealth:

It is ruled BY THE COURT, That every perſon accuſed, or indicted of High Treaſon, ſhall have a copy of the while indictment (but not the names of the witneſſes) a reasonable time, not leſs than one day before the trail; his attorney, counſel, or agent requiring the ſame, and paying reaſonable fees therefore: And ſhall aſfo be furniſhed with a copy of the pannel of the jurors who are to try him, duty returned by the Sheriff, and delivered to him, or his counſel, a reaſonable time, not leſs than one day, before his trail.


REPUBLICA verſus MALIN.


I

NDICTMENT for High Treaſon.–The priſoner, miftaking a corps of American troops for Britiſh, went over to them. And now the Attorney General offered evidence of words spoken by the Defendant, to prove this miſtake, and his real intention of joining and adhering to the enemy. This was oppoſed by the counſel for the Defendant, who contended, that as words did not amount to treaſon, no general evi-

dence
F